Soil information for land managers and operators
Activities that need authorisation
Some activities that affect soils may require permission from SEPA under the Environmental Authorisations (Scotland) Regulations (EASR). This helps you stay within the law and avoid penalties. These permissions are known as authorisations. The type of authorisation you need depends on how likely your activity is to cause harm to people or the environment.
The main soil-related activities that require authorisation are:
- the use of waste for soil and land improvement
- the use of waste soil for land restoration and construction
- the use of soil for land activities that can cause water pollution
Using waste for soil improvement
Waste materials can be used to improve soil so it can support plant growth, where they can safely replace conventional products such as manufactured fertiliser or lime. This applies to all land uses, not just agriculture.
Soil improvement can include:
- adding nutrients or organic matter
- adjusting soil pH
- improving soil structure, drainage, or water retention
- reducing soil moisture deficit
You will usually require an authorisation under EASR to apply waste materials to land for soil improvement for the purpose of enhancing plant growth.
- a registration is required for activities that meet SEPAs standard conditions, such as the application of waste to a single site for soil improvement (for example, at one farm)
- a permit is required for more complex, higher risk activities, such as the use of waste on multiple farms or multiple sites or where standard conditions cannot be met
The waste types that can be used for soil improvement, and the land uses they can be used on, are listed in Annex 1 of the Guidance for recovery of waste on land for the purpose of soil improvement.
Using waste soil for land restoration and construction
Waste materials (including waste soil) can be used to restore or improve land that has been disturbed, degraded or previously developed. This typically involves rebuilding landforms or creating new soils, rather than improving existing soil. The waste used must provide a clear environmental benefit.
Common uses include:
- restoration of quarries and open-cast mines
- landfill restoration and capping
- reclamation of brownfield sites
- creation of a soil profile
Waste soils can also be used in construction for building infrastructure or structures and for maintaining site surfaces such as roads. Read more about using soil in construction, restoration, reclamation or land improvement.
The type of authorisation you need depends on the nature and quantity of the waste being used:
- a registration is required for small scale construction and maintenance projects using less than or equal to 300 tonnes of material and that meet the standard conditions
- a registration is required for projects using less than or equal to 100,000 tonnes of material and that meet the standard conditions
- a permit is required if you cannot meet the standard conditions or are using more than 100,000 tonnes of material
- a permit is required for the restoration of open cast coal sites or other similar large scale sites
Waste soils can also be used in land remediation projects. Our guidance on land remediation and waste management sets out when waste management regulation applies, including the option to use soil treatment facilities.
Find more guidance on landfill restoration.
Land activities that may cause water pollution
There are a number of land activities that can affect soil and cause water pollution. You may need to follow General Binding Rules (GBRs) or apply for an authorisation for these activities. For example:
- the storage and application of fertiliser (GBR 18)
- cultivation of land (GBR 20)
- the disposal of waste sheep dip to land (permit)
Activities that don't need an authorisation
Some common low-risk activities relating to soil do not require formal authorisation. However, they may still need local authority approval or a declaration to SEPA. Low-risk activities include:
- on-site use of uncontaminated soils and other naturally occurring material, used for the purposes of construction, on the site from which it was excavated. Read more on legislation.gov.uk
- on-site use of contaminated soils and materials, on the site from which it was excavated, where such use is in line with SEPA’s guidance on land remediation and waste management
- off-site uses of greenfield soil in construction in line with regulatory guidance
- on-site use of ash from the incineration of pig or poultry carcasses