The way composting in Scotland is regulated is changing.

On 1st November 2025, a new regulatory framework was introduced by the Scottish Environment Protection Agency (SEPA) that changes the way activities in Scotland are authorised and regulated. If your composting activity operates under a Paragraph 12 waste exemption, this change directly affects your business.

The new framework has been brought in under the Environmental Authorisations (Scotland) Regulations 2018 (EASR). This replaces the Waste Management Licensing (Scotland) Regulations 2011, streamlining exemptions into a single, modern system designed to improve environmental oversight and operator accountability.

What is a Paragraph 12 waste exemption?

Under previous waste management regulations, if you manage waste, you would normally need to have a waste management licence. Some activities, including composting biodegradable waste, were exempt from this, and operators could apply to SEPA for a waste exemption. Each exemption is defined by a paragraph in the Waste Management Licensing (Scotland) Regulations 2011.

Paragraph 12 waste exemptions, which apply to the storage and treatment of biodegradable waste (e.g. green waste, food waste) for composting, have allowed composting businesses to operate without a full waste management licence, provided specific conditions are met.

This waste exemption has been widely used by small-scale composters, community projects, and some commercial operators.

What’s changing?

Under EASR, you will no longer be able to apply for a waste exemption. New types of authorisation have been brought in, which better reflect the risk of harm an activity poses to the environment and human health. Composting activities previously covered by Paragraph 12 waste exemptions will now be authorised by registrations or permits. The type of authorisation you need will depend on the nature and scale of your operations, and if you can meet new standard conditions.

Registrations

Some composting activities will now be authorised by a registration. These are

• Composting in a closed system less than or equal to 500 tonnes
• Composting in an open system less than or equal to 500 tonnes

Registrations have standard conditions – a set of rules that apply that must be complied with. When you apply for a registration, you must confirm that you can comply with the standard conditions associated with that activity. If you’re unable to meet the standard conditions, you may need to apply for a permit instead.

Permits

If you cannot meet the standard conditions of a registration or you’re composting more than 500 tonnes of waste at any one time, your operations will need to be authorised by a permit. Permits also have conditions that you must comply with. These are tailored to your specific activity and location and will be determined during the assessment of your application. This is to ensure appropriate safeguards are in place to minimise pollution and protect the environment.

In Control and Fit and Proper Person test

Whether applying for a registration or a permit, you’ll also now be subject to an in control and Fit and Proper Person check. SEPA will carry out this assessment before they grant an authorisation to determine whether the applicant is in control of the activity and suitable to hold the authorisation. This helps ensure regulated activities are carried out following the conditions in an authorisation and the environment is protected. As part of the assessment, you’ll be required to disclose any relevant convictions held by you or any individuals involved in your composting operation.

What does this mean for you?

Existing waste exemptions for composting activities

Paragraph 12 waste exemptions are valid for 12 months. Previously you would have been able to renew your waste exemption before it expired. You will no longer be able to do this. If you want to continue your composting operations, you must apply for a new EASR authorisation before your exemption expires.

New composting activities

If you want to carry out new composting activity that is not currently covered by a waste exemption, you will need to apply for an EASR authorisation.

What should you do now?

• Check the expiry date for any current waste exemptions you have.
• Visit the SEPA website to find out more about the new EASR registration composting activities.
• Review the standard conditions for the new composting activities to check what you need to do to comply.
• Apply for your new EASR authorisation in plenty time to avoid disruption to your operations.

If you need help navigating the changes, get in touch with SEPA for guidance and support and to talk through your options.