The Scottish Environment Protection Agency (SEPA) has issued a Temporary Regulatory Position Statement (TRPS) to clarify its approach to enforcing the forthcoming ban on landfilling Biodegradable Municipal Waste (BMW) in Scotland.
The landfill ban, established under the Landfill (Scotland) Regulations 2003 and carried forward under Schedule 13 of the Environmental Authorisations (Scotland) Regulations 2018 (EASR), comes into force on 1 January 2026. The main objective is to support Scotland’s circular economy ambitions, by reducing emissions from landfill and drive waste management further up the waste hierarchy.
Recognising Industry Challenges
In October 2025, Gillian Martin, Cabinet Secretary for Climate Action and Energy, wrote to SEPA acknowledging the ongoing challenges faced by the waste and resource management sector in preparing for the ban. SEPA has recognised that there remains insufficient treatment capacity in Scotland to divert all BMW from landfill by the start of 2026.
In light of these practical constraints, SEPA’s Temporary Regulatory Position offers a transitional period to support compliance while the industry continues to expand and adapt its treatment infrastructure.
Temporary Regulatory Approach
Under this temporary position (1st Jan 2026 to 31st Dec 2027) SEPA confirms that it will not treat certain landfilling of BMW as non-compliant, as long as specific conditions are met.
This applies to:
- Waste producers and managers, where BMW is transferred to landfill in accordance with SEPA’s notification process.
- Landfill operators, where BMW is accepted only after the required SEPA confirmation has been received.
To comply, waste producers and managers must:
- Notify SEPA in writing using the official BMW Ban – Notification Form. https://beta.sepa.scot/media/bsnnewre/bmw-landfill-ban-rps-notification-form.docx
- Await confirmation of satisfactory receipt from SEPA before any transfer occurs.
- Provide a copy of this confirmation to the landfill operator.
Notifications are valid for a maximum of six months and must be renewed if BMW continues to be transferred beyond that period.
Landfill operators, in turn, must retain copies of the notification form and SEPA confirmation for at least two years, and make these available for inspection if requested. Failure to meet the conditions set out in the TRPS could result in enforcement action.
Time-Limited Transition
This TRPS will remain in place until 31 December 2027, after which SEPA expects full compliance with the BMW landfill ban. The temporary position applies solely to the specific BMW ban and associated Duty of Care requirements—it does not remove or replace any other waste management, environmental authorisation, or landfill permit obligations.
Landfill operators and waste producers must continue to meet all other legislative and permit conditions, including waste acceptance and environmental protection requirements.
Supporting the Transition
The introduction of this temporary enforcement approach provides the industry with breathing space however, the regulatory framework remains complex, and ensuring compliance during this transition period will require careful planning and documentation.
At Albion Environmental, we are already assisting local authorities, waste producers, and landfill operators in navigating the practical and regulatory implications of the BMW landfill ban and now, SEPA’s Temporary Regulatory Position.
Need Help?
If you’re unsure how this TRPS affects your organisation or would like support with notification processes, compliance planning, or waste treatment options, our team can help.
Contact Albion Environmental today for expert advice and practical support:
info@albion-environmental.co.uk
Full info on the TPRS visit SEPA by cicking here.