EASR Explained: Updated Rules For Farmers Drawing Water From Rivers And Burns
9 February 2026November 2025 saw the introduction of the Environmental Authorisations (Scotland) Regulations (EASR). This new regulatory framework amends or replaces several pieces of legislation governing waste management, water, industrial activities and radioactive substances. The changes were introduced to streamline how different sectors were regulated, simplifying compliance, enhancing environmental protection, and supporting sustainable resource use across all sectors where activities, if mismanaged, have the potential to cause significant pollution or environmental damage.
Multiple users often need to abstract water for their business within a catchment. An increase in demand for water, often coinciding with times of water scarcity, can pose a significant threat to already depleted water flow in streams and rivers. It can affect water levels in nearby wells and boreholes.
Impact on Agricultural Business
Rules under The Controlled Activities Regulations (CAR), Pollution Prevention and Control (PPC) and Waste Management Licensing (WML) are three of several pieces of legislation brought into the EASR framework which could impact the agricultural sector. Here we take a brief look at the changes to CAR regime for farmers and growers who use water from rivers and burns around the farm.
Water Use - Levels of Authorisation
Under EASR authorisation thresholds for water abstraction. i.e. how much you can take in a day and when to contact SEPA, remain broadly similar. By way of a reminder:
- taking up to 10m3/day is viewed as low-risk with good practice measures in place (i.e. compliance with General Binding Rules (GBRs))
- between 10m3/day and 50m3/day requires one-off notification to SEPA (a registration)
- for those above the 50m3/day water abstraction threshold, permits now replace the previous licensing system.
For those water abstractors in the higher permitting band previously holding a licence, SEPA should have already made contact explaining the changes and effectively switching the existing CAR licence to a new EASR permit. Going forward, permits will include standard conditions or conditions specific to the location added in, to further protect the water environment, allowing you to consider and plan for any additional requirements.
Fee
On the whole, abstraction charges have remained the same, with a standard fixed rate for a registration, and application fees grouped into bands for those seeking a permit, depending on how much water you will need to take on a daily basis. Confirming your peak daily water requirements in advance of your application would be helpful; you don’t want to pay for more than you need.
Application Process
Both a digital and paper-based application process is available. It will help to have all your information to hand before starting the application process online. It may be worth reviewing the paper application form before using the digital portal, as you won’t be able to save your digital application part-way through and return to it later.
Permits Require a 'Fit and Proper Person'
A notable change for new permits is the need for a ‘fit and proper’ person who is in control of the activity, named on the permit. All permitting applications will ask if anyone has been served any previous SEPA Fixed Monetary Penalty (FMP) or Variable Monetary Penalty (VMP) notices, identifying those who have fallen on the wrong side of regulatory requirements in the past. In terms of who is in control of the activity, this could be a named individual, partnership, limited company or co-operative. SEPA has produced a guidance document outlining who legally can hold an authorisation, . A grace period was introduced from November 2025, giving permit holders six months to check and confirm the if named person on the permit is still the correct person who is ultimately in charge of the activities.
For More Information
Search SEPA EASR or visit https://beta.sepa.scot/regulation/authorisations-and-compliance/easr-authorisations/. Alternatively, contact your local SEPA Office or Agricultural Consultant for further details.
Rebecca Audsley, SAC Consulting
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