The Environmental Impact Assessment (Scotland) Regulations 1999

Section 151[^f00030] shall be amended as follows–

• (a) the definition of “appropriate environmental body” shall be deleted and at the appropriate place there shall be inserted–

• “consultation bodies” means– the appropriate planning authority where the proposed project is likely to affect land in their area; Scottish Natural Heritage; the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995; and Historic Scotland;

• (b) for the definition of “environmental assessment” there shall be substituted–

• “environmental impact assessment” means an assessment in accordance with Council Directive No. 85/377/EEC as amended by Council Directive No. 97/11/EC;

• (c) for the definition of “environmental statement” there shall be substituted–

• “environmental statement” means a statement containing the information required by section 20A(7) or (8) of this Act;

Schedule 1

52

Schedule 1[^f00031] shall be amended in each of paragraphs 7 and 13 by substituting the following for sub-paragraphs (1A) and (1B)–

(1A) Where the Scottish Ministers have published an environmental statement they shall take into consideration– (a) that statement; and (b) any opinion expressed by a member of the public, by any of the consultation bodies or by any EEA State consulted under section 20B of this Act. (1B) When the Scottish Ministers have decided whether to proceed with the project in relation to which an environmental impact assessment has been made they shall publish their decision together with a statement confirming that they have complied with sub-paragraph (1A) above and shall make available to the public documents containing– (a) the content of the decision and any conditions attached to it; (b) the main reasons and considerations on which the decision is based; and (c) where their decision is to proceed with the project, a description of the main measures which will be taken to avoid, reduce and if possible offset any major adverse effects of the project. (1C) Any requirement for publication in connection with an environmental impact assessment shall be met by publication in The Edinburgh Gazette and in at least one local newspaper circulating in the area in which the project is situated.

Application

53

Regulations 48 to 52 shall not apply to a project–

• (a) for which the Secretary of State or the Scottish Ministers had published an environmental statement before 1st August 1999 but for which no draft order or scheme was published; or

• (b) in relation to which a draft order or scheme was published before that date; or

• (c) where a draft order was not required and for which the works contract had been entered into before that date.

PART IV — DRAINAGE WORKS

Application

54

This Part applies to proposed drainage works which are likely to have significant effects on the environment by virtue inter alia of their nature, size or location and for which authority under the Land Drainage (Scotland) Act 1958[^f00032] to execute these works is sought from the Scottish Ministers on or after 1st August 1999.

Interpretation

55

In this Part, except where the context otherwise requires–

• (a) “the Act” means the Land Drainage (Scotland) Act 1958;

• “improvement order” means an order made by the Scottish Ministers in accordance with the First Schedule to the Act;

• “local authority” means any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[^f00033];

• “site of special scientific interest” means land to which section 28(1) of the Wildlife and Countryside Act 1981[^f00034] applies; and

• “statutory body” means any body exercising functions conferred on it by or under any enactment; the following phrases have the meanings assigned to them by section 18(1) of the Act:– “agricultural land”; “drainage works”; and “owner”; the following phrases have the meanings assigned to them by regulation 2(1):– “the consultation bodies”; “environmental information”; and “environmental statement”.

Request for the opinion of the Scottish Ministers on the information to be supplied under this Part

56

• (1) An owner of agricultural land who proposes to apply under section 1 of the Act may, before submitting such application, request the opinion of the Scottish Ministers on the information to be supplied by him under this Part.

• (2) A request under paragraph (1) shall be accompanied by–

• (a) a plan sufficient to identify the land on which the proposed development would be carried out;

• (b) a brief description of the nature and purpose of the proposed development and its possible effects on the environment; and

• (c) such other information or representations as the person making the request may wish to provide or make.

• (3) Where the Scottish Ministers upon receipt of a request under paragraph (1) consider that they have not been provided with sufficient information to give an opinion they shall notify the owner of the particular points on which they require further information.

• (4) The Scottish Ministers shall not give an opinion in response to a request under paragraph (1) until they have consulted the owner who made the request, and the local authorities and statutory bodies affected by the drainage works (including, where appropriate, the consultation bodies), but shall respond within 3 weeks of the period allowed for consultation or such longer period as may be agreed in writing with the owner.

• (5) In response to a request under paragraph (1), the Scottish Ministers shall indicate which of the descriptions of information set out in paragraphs 1 to 5 of Part I of Schedule 4 they consider relevant, taking into account–

• (a) the specific characteristics of the proposed drainage works;

• (b) the environmental features likely to be affected by those works; and

• (c) the extent to which the owner who requested the opinion may reasonably be required to compile the information, having regard to current knowledge and methods of assessment.

• (6) Where the Scottish Ministers have given an opinion in response to a request under paragraph (1), they shall not be precluded from subsequently requiring the owner to submit further information.

Prohibition on making an improvement order without consideration of environmental information

57

The Scottish Ministers shall not make an improvement order authorising drainage works which are likely to have significant effects on the environment by virtue inter alia of their nature, size or location unless they have taken into consideration environmental information in respect of the proposed works.

Provision of information

58

In preparing an environmental statement the owner of agricultural land shall consult the local authorities and statutory bodies affected or likely to be concerned by the drainage works by reason of their specific environmental responsibilities (including, where appropriate, the consultation bodies) who shall make available to him any relevant information in their possession.

Submission and publication of environmental statement

59

• (1) This regulation applies where an owner of agricultural land applies under section 1 of the Act to the Scottish Ministers for an improvement order authorising drainage works likely to have significant effects on the environment by virtue of their nature, size or location and–

• (a) the area of the proposed works exceeds 1 hectare; or

• (b) the area of the proposed works or any part thereof lies within a site of special scientific interest.

• (2) Where this regulation applies, the owner shall submit an environmental statement to the Scottish Ministers along with the application under section 1 of the Act and the Scottish Ministers shall–

• (a) notify and publicise the statement in the same manner as a draft improvement order under paragraph 1 of the First Schedule to the Act; and

• (b) forward a copy of the statement to the local authorities and statutory bodies affected or likely to be concerned by the drainage works by reason of their specific environmental responsibilities (including, where appropriate, the consultation bodies).

Further information respecting environmental statement

60

• (1) When dealing with an application to which regulation 59 applies the Scottish Ministers may, after taking into account the factors mentioned in paragraph (2), require the owner of the agricultural land to provide such further information as they may specify to enable the application for an improvement order to be determined, or concerning any matter which is required to be dealt with in the environmental statement.

• (2) The factors referred to in paragraph (1) are–

• (a) the specific characteristics of the proposed drainage works;

• (b) the environmental features likely to be affected by those works; and

• (c) the extent to which the owner may reasonable be required to have regard to current knowledge and methods of assessment.

Confidentiality

61

Any person required to provide information under this Part shall not be required to provide information which that person is entitled or bound to hold in confidence.

Charges

62

• (1) A reasonable charge reflecting the costs of printing, copying and distribution may be made to the public for copies of an environmental statement made available to them under this Part and for copies of an environmental statement, in excess of one copy, required by a person consulted under this Part.

• (2) A person required to supply information under this Part may make a reasonable charge reflecting the costs of making available information which he had in his possession.

PART V — GENERAL

Amendment of private legislation general orders

63

• (1) The Private Legislation Procedure (Scotland) General Orders 1946[^f00035] are amended as follows.

• (2) In General Order 27A(2)(a), for heads (i) to (iii) there is substituted “all of the information set out in Schedule 4 to the Environmental Impact Assessment (Scotland) Regulations 1999”.

• (3) In General Order 27A(2)(b), for heads (i) to (iii) there is substituted “such of the information set out in that Schedule as may be specified in a written direction given by the Secretary of State,”.

Revocation of statutory instruments and transitional provisions

64

• (1) The instruments in Schedule 7 are hereby revoked to the extent shown in that Schedule.

• (2) Nothing in paragraph (1) shall affect the continued application of the provisions revoked by that paragraph to any planning application lodged or received by an authority before 1st August 1999, to any appeal in relation to such an application, or to any matter in relation to which a planning authority have before that date issued an enforcement notice under section 127 of the Town and Country Planning (Scotland) Act 1997 and these Regulations shall not apply to any such application, appeal, or matter.

• (3) Nothing in paragraph (1) shall affect the continued application of the provisions revoked by that paragraph to any proposed drainage works such as are referred to in regulation 63 of the Environmental Assessment (Scotland) Regulations 1988 for which authority was sought before 1st August 1999.

SCHEDULE 1 — DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”

Interpretation

In this Schedule–

• “airport” means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14)[^f00036];

• “express road” means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15th November 1975[^f00037];

• “nuclear power station” and “other nuclear reactor” do not include an installation from the site of which all nuclear fuel and other radioactive contaminated materials have been permanently removed; and development for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor shall not be treated as development of the description mentioned in paragraph 2(2) of this Schedule.

Descriptions of development

The carrying out of development to provide any of the following–

1 Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude-oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

2 1 Thermal power stations and other combustion installations with a heat output of 300 megawatts or more. 2 Nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile material, whose maximum power does not exceed 1 kilowatt continuous thermal load).

3 1 Installations for the reprocessing of irradiated nuclear fuel. 2 Installations designed– a for the production or enrichment of nuclear fuel; b for the processing of irradiated nuclear fuel or high-level radioactive waste; c for the final disposal of irradiated nuclear fuel; d solely for the final disposal of radioactive waste; e solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

4 1 Integrated works for the initial smelting of cast-iron and steel. 2 Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

5 Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos– a for asbestos-cement products, with an annual production of more than 20,000 tonnes of finished products; b for friction material, with an annual production of more than 50 tonnes of finished products; and c for other uses of asbestos, utilisation of more than 200 tonnes per year.

6 Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are– a for the production of basic organic chemicals; b for the production of basic inorganic chemicals; c for the production of phosphorous–, nitrogen– or potassium-based fertilisers (simple or compound fertilisers); d for the production of basic plant health products and of biocides; e for the production of basic pharmaceutical products using a chemical or biological process; f for the production of explosives.

7 1 Construction of lines for long-distance railway traffic and of airports with a basic runway length of 2,100 metres or more. 2 Construction of motorways and express roads. 3 Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road, would be 10 kilometres or more in a continuous length.

8 1 Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 1,350 tonnes. 2 Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

9 Waste disposal installations for the incineration, chemical treatment (as defined in Annex IIA to Directive 75/442/EEC[^f00038] under heading D9), or landfill of hazardous waste (that is to say, waste to which Directive 91/689/EEC[^f00039] applies).

10 Waste disposal installations for the incineration or chemical treatment (as defined in Annex IIA to Directive 75/442/EEC under heading D9) of non-hazardous waste with a capacity exceeding 100 tonnes per day.

11 Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.

12 1 Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year. 2 In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi-annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.

13 Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2(6) of Council Directive 91/271/EEC[^f00040].

14 Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.

15 Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.

16 Pipelines for the transport of gas, oil or chemicals with a diameter of more than 800 millimetres and a length of more than 40 kilometres.

17 Installations for the intensive rearing of poultry or pigs with more than– a 85,000 places for broilers or 60,000 places for hens; b 3,000 places for production pigs (over 30 kg); or c 900 places for sows.

18 Industrial plants for– a the production of pulp from timber or similar fibrous materials; b the production of paper and board with a production capacity exceeding 200 tonnes per day.

19 Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares.

20 Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more.

SCHEDULE 2 — DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”

1

In the table below–

• “area of the works” includes any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for construction or installation;

• “controlled waters” has the same meaning as in section 30A(1) of the Control of Pollution Act 1974[^f00041];

• “floorspace” means the floorspace in a building or buildings.

2

The table below sets out the descriptions of development and applicable thresholds and criteria for the purposes of classifying development as Schedule 2 development.

Column 1	Column 2
Description of development	Applicable thresholds and criteria

SCHEDULE 3 — SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT

Characteristics of development

1

The characteristics of development must be considered having regard, in particular, to–

• (a) the size of the development;

• (b) the cumulation with other development;

• (c) the use of natural resources;

• (d) the production of waste;

• (e) pollution and nuisances;

• (f) the risk of accidents, having regard in particular to substances or technologies used.

Location of development

2

The environmental sensitivity of geographical areas likely to be affected by development must be considered, having regard, in particular, to–

• (a) the existing land use;

• (b) the relative abundance, quality and regenerative capacity of natural resources in the area;

• (c) the absorption capacity of the natural environment, paying particular attention to the following areas–

• (i) wetlands;

• (ii) coastal zones;

• (iii) mountain and forest areas;

• (iv) nature reserves and parks;

• (v) areas classified or protected under Member States' legislation; areas designated by Member States pursuant to Council Directive 79/409/EEC on the conservation of wild birds[^f00042] and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora[^f00043];

• (vi) areas in which the environmental quality standards laid down in Community legislation have already been exceeded;

• (vii) densely populated areas;

• (viii) landscapes of historical, cultural or archaeological significance.

Characteristics of the potential impact

3

The potential significant effects of development must be considered in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to–

• (a) the extent of the impact (geographical area and size of the affected population);

• (b) the transfrontier nature of the impact;

• (c) the magnitude and complexity of the impact;

• (d) the probability of the impact;

• (e) the duration, frequency and reversibility of the impact.

SCHEDULE 4 — INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS

PART I

1

Description of the development, including in particular–

• (a) a description of the physical characteristics of the whole development and the land-use requirements during the construction and operational phases;

• (b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

• (c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the development.

2

An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for his choice, taking into account the environmental effects.

3

A description of the aspects of the environment likely to be significantly affected by the development, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

4

A description of the likely significant effects of the development on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the development, resulting from:

• (a) the existence of the development;

• (b) the use of natural resources;

• (c) the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the applicant or appellant of the forecasting methods used to assess the effects on the environment.

5

A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

6

A non-technical summary of the information provided under paragraphs 1 to 5 of this Part.

7

An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the applicant or appellant in compiling the required information.

PART II

1

A description of the development comprising information on the site, design and size of the development.

2

A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.

3

The data required to identify and assess the main effects which the development is likely to have on the environment.

4

An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for his choice, taking into account the environmental effects.

5

A non-technical summary of the information provided under paragraphs 1 to 4 of this Part.

SCHEDULE 5 — THE ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 1999

NOTICE UNDER REGULATION 13

Notes
a Insert address for location of development. b Insert name of planning authority or insert the Scottish Ministers as appropriate. c Insert name of applicant. d Insert description of proposed development. e Insert date of notification under Article 9(1) of the General Development Procedure Order. f Insert address of planning authority. g *Insert other address in the locality at which the environmental statement etc. may be inspected. h Insert address where copies of environmental statement available. j Insert cost of a copy of the environmental statement. k Address to be supplied by the Scottish Ministers.	Proposed development at (a) Notice is hereby given that an environmental statement has been submitted to (b) by (c) relating to the planning application in respect of (d) notified to you under Article 9(1) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on (e) . A copy of the environmental statement and the associated planning application may be inspected at all reasonable hours in the register of planning applications kept by the planning authority for the area at (f) and also at (g) during the period of 28 days beginning with the date of this notice. Copies of the environmental statement may be purchased from (h) at a cost of (j) . Any person who wishes to make representations to (b) about the environmental statement should make them in writing within that period to	the Council at (f) .
*Delete where inappropriate.
	*to the Scottish Ministers at (k)
	Signed
	*On behalf of
	Date

SCHEDULE 6 — THE ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 1999

NOTICE UNDER REGULATION 13 AS APPLIED BY REGULATION 19(2)

Notes
a Insert address for location of development. b Insert name of planning authority or insert the Scottish Ministers as appropriate. c Insert name of applicant. d Insert description of proposed development. e Insert date of notification under Article 9(1) of the General Development Procedure Order. f Insert address of planning authority. g *Insert other address in the locality at which the further information may be inspected. h Insert address where copies of the further information are available. j Insert cost of a copy of the further information. k Address to be supplied by the Scottish Ministers.	Proposed development at (a) Notice is hereby given that further information in relation to an environmental statement has been submitted to (b) by (c) relating to the planning application in respect of (d) notified to you under Article 9(1) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on (e) . A copy of the further information together with the environmental statement and the associated planning application may be inspected at all reasonable hours in the register of planning applications kept by the planning authority for the area at (f) and also at (g) during the period of 28 days beginning with the date of this notice. Copies of the further information may be purchased from (h) at a cost of (j) . Any person who wishes to make representations to (b) about the further information should make then in writing within that period to the Council at (f) .
*Delete where inappropriate.
	*to the Scottish Ministers at (k)
	Signed
	*On behalf of
	Date

SCHEDULE 7 — REVOCATIONS

Column 1	Column 2	Column 3
Instrument	S.I. Number	Extent of revocation
The Environmental Assessment (Scotland) Regulations 1988	1988/1221	Parts II, V and VI
The Town and Country Planning (General Permitted Development) (Scotland) Order 1992	1992/223	Article 3(10)(a) and (c)
The Environmental Assessment (Scotland) Amendment Regulations 1994	1994/2012	Regulation 4 and paragraphs 1 to 9, 14 to 23 and 26 of the Schedule
The Environmental Assessment (Scotland) Amendment Regulations 1997	1997/1870	Regulations 4 to 34

Signed

Sarah Boyack — A member of the Scottish Executive — 8th July 1999

Explanatory note

(This note is not part of the Regulations)

These Regulations implement, in relation to town and country planning, roads and drainage works in Scotland, Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (O.J. No. L 175, 5.7.1985, p.40), as amended by Council Directive 97/11/EC (O.J. No. L 73, 14.3.1997, p.5).

The Regulations revoke and re-enact, with amendments, the relevant Parts of the Environmental Assessment (Scotland) Regulations 1988.

The main changes made by Directive 97/11/EC, which these Regulations implement, are as follows. The number of categories of project subject to environmental impact assessment (EIA) is increased. An individual determination on whether EIA is required must be made in respect of every project in Annex II to the Directive (Schedule 2 to these Regulations) which exceeds thresholds established by a Member State. Advice on the content of an environmental statement must be given to a developer who requests it before submitting an application. Competent authorities must give reasons for their decision on granting or refusing development consent. The Directive establishes detailed procedures for consulting other Member States on projects which are likely to have significant environmental effects in their territories.

PART I – INTRODUCTORY

Regulation 1 provides for the citation and commencement of the Regulation.

PART II – TOWN AND COUNTRY PLANNING

The Regulations impose procedural requirements in relation to the consideration of applications for planning permission under the Town and Country Planning (Scotland) Act 1997, development by planning authorities and enforcement of planning control, and restrict the grant of permission by simplified planning zone schemes, enterprise zones and the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.

All development in Schedule 1 requires EIA. Development in Column 1 of the table in Schedule 2 which is either to be carried out in a sensitive area or satisfies a threshold or criterion in Column 2 of that table (“Schedule 2 development”) requires EIA if it is likely to have significant effects on the environment. Development which requires EIA is referred to in this Part as “EIA development”.

Regulation 3 prohibits the grant of planning permission for EIA development unless the planning authority or the Scottish Ministers have first taken account of the environmental information (defined in regulation 2) which is before them. The prohibition applies where an application is received by or lodged by the local planning authority on or after 1st August 1999.

Regulations 4 to 9 set out procedures for determining whether development is EIA development (“screening”). They require a “screening opinion” of the planning authority or a “screening direction” of the Scottish Ministers in relation to all Schedule 2 development. Such an opinion or direction must be made by reference to the criteria in Schedule 3. Where the authority or the Scottish Ministers determine that development is EIA development, they must notify the applicant (or appellant) that he is required to submit an environmental statement.

Regulations 10 and 11 enable a person to seek an opinion from the local planning authority (“a scoping opinion”) or the Scottish Ministers (a “scoping direction”) on the information to be included in an environmental statement. The types of information which may be required are set out in Schedule 4. The planning authority or the Scottish Ministers must consult bodies with environmental responsibilities (“the consultation bodies” defined in regulation 2(1)) before adopting a scoping opinion or scoping direction. Regulation 12 requires consultation bodies, if requested, to assist the preparation of an environmental statement by making information available to the applicant.

Regulation 13 requires notice of the lodging of an environmental statement to be given by the applicant or appellant to the owners and occupiers of land adjacent to that on which the proposed development is to be carried out. Regulations 14 and 16 provide as to necessary consultation where an environmental statement is received by the planning authority or the Scottish Ministers respectively. Regulations 15, 17 and 18 are concerned with the provision of copies of an environmental statement.

Regulation 19 contains procedures for the provision by the applicant of information additional to that contained in the environmental statement.

Regulation 20 provides for documents to be placed on the planning register or otherwise made available to the public.

Regulation 21 requires planning authorities and the Scottish Ministers to provide information about decisions taken following the consideration of environmental information in accordance with this Part.

Regulations 22 to 26 provide procedures for EIA in relation to development to be undertaken by planning authorities.

Regulations 27 and 28 restrict the grant of planning permission by simplified planning zone schemes or enterprise zone orders.

Regulations 29 to 38 establish procedures for EIA in relation to the enforcement of planning control.

Regulations 39 to 41 implement Article 7 of the Directive by providing for consultation between EEA States where development is likely to have significant effects on the environment in another EEA State.

Regulation 42 provides for the service of notices under the Regulations. Regulation 43 provides that a grant of permission in contravention of regulation 3 or 29 shall be treated, for the purpose of section 239 of the Town and Country Planning (Scotland) Act 1997, as an act which is not within the powers of that Act. Regulation 44 provides that beginning specified operations to dispose of hazardous waste constitutes “development” under section 26 of the 1997 Act. Regulation 45 extends the time allowed to a planning authority to consider an application for planning permission for EIA development. Regulation 46 extends, in relation to EIA, the statutory power to provide in a development order for the giving of directions.

Regulation 47 provides for miscellaneous and consequential amendments. Regulation 47(4) provides for a person who is minded to undertake development which would otherwise be permitted development to seek an opinion from the planning authority as to whether the development is EIA development.

PART III – ROADS

Regulations 48 to 53 provide procedures for the Scottish Ministers to take into consideration information on the likely environmental effects of certain trunk road projects.

Regulation 49 substitutes new sections 20A and 20B for the existing section 20A of the Roads (Scotland) Act 1984. The new section 20A requires the Scottish Ministers, when they have under consideration the construction of a new road, to determine whether the project falls within the scope of the Directive. Where they so consider, they must publish an environmental statement. The new section makes provision as to the content of such a statement and as to giving the public and certain bodies with environmental responsibilities an opportunity to express an opinion before any decision is taken. The new section 20B provides for consultation between EEA States where a project is likely to have significant effects on the environment in another EEA State.

Regulation 50 substitutes new sections 55A and 55B for the existing section 55A of the 1984 Act. New sections 55A and 55B make, in respect of improvements to trunk roads, similar provision to that being made by new sections 20A and 20B.

Regulations 51 and 52 make additional amendments of the 1984 Act and regulation 53 specifies that the provisions of this Part do not apply in relation to projects where relevant procedures have been commenced before 1st August 1999.

PART IV – DRAINAGE WORKS

Regulations 54 to 62 provide that the Scottish Ministers shall take into consideration environmental information about any proposed drainage works for which authority under the Land Drainage (Scotland) Act 1958 is sought if they are likely to have significant effects on the environment.

Regulation 56 enables the Scottish Ministers to give an opinion in advance about the sort of information which requires to be submitted under this Part.

Regulation 57 prohibits the Scottish Ministers from making an improvement order authorising drainage works which come within the scope of the Directive unless they have first taken into consideration environmental information in respect of the works.

Regulation 58 requires bodies with relevant information in their possession to make it available to the applicant for the improvement order.

Regulation 59 requires an environmental statement to be submitted to the Scottish Ministers and also requires them to notify and publicise the environmental statement in the same manner as a draft order under the First Schedule to the 1958 Act.

Regulation 60 enables the Scottish Ministers to require the applicant to submit further environmental information and regulations 61 and 62 make provision as to confidentiality and charges respectively.

PART V – GENERAL

Regulation 63 makes amendments to the Private Legislation Procedure (Scotland) General Orders 1946 consequential on provisions elsewhere in the Regulations.

Regulation 64 and Schedule 7 contain revocations and transitional provisions.

A Regulatory Impact Appraisal has been prepared in relation to these Regulations. It has been placed in the Scottish Parliament Information Centre and copies may be obtained from Planning Division, Scottish Executive Development Department, Area 2-H, Victoria Quay, Edinburgh, EH6 6QQ (Telephone 0131 244 7066).

Footnotes

[^f00001]: 1972 c. 68; section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15; functions of the Secretary of State under section 2(2) were transferred to the Scottish Ministers by virtue of section 53 of that Act.

[^f00002]: 1997 c. 8; the functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

[^f00003]: O.J. No. L175, 5.7.1985, p.40.

[^f00004]: O.J. No. L73, 14.3.1997, p.5.

[^f00005]: S.I. 1981/829, amended by S.I. 1984/238.

[^f00006]: O.J. No. L175, 5.7.1985, p.40. Council Directive 85/337/EEC was amended by Council Directive 97/11/EC, O.J. No. L73, 14.3.97, p.5.

[^f00007]: Cm 2073.

[^f00008]: Cm 2183.

[^f00009]: S.I. 1992/224, amended by S.I. 1992/2083, 1993/1039, 1994/2585 and 3293, 1996/467 and 1997/749.

[^f00010]: 1981 c. 69.

[^f00011]: See Command Paper 9424.

[^f00012]: 1979 c. 46. See the definition in section 1(11).

[^f00013]: S.I. 1994/2716.

[^f00014]: 1991 c. 28.

[^f00015]: 1972 c. 52; section 6(9) of the Natural Heritage (Scotland) Act 1991 contained a saving provision for any areas which were designated as National Scenic Areas under section 262C of the Town and Country Planning (Scotland) Act 1972 as at the date of repeal of that section by section 27 of, and Schedule 11 to, that 1991 Act.

[^f00016]: S.I. 1992/3240, amended by S.I. 1998/1447.

[^f00017]: S.I. 1992/223; relevant amending instrument is S.I. 1997/1871.

[^f00018]: See section 50 of, and Schedule 5 to, the Town and Country Planning (Scotland) Act 1997.

[^f00019]: See sections 55 and 56 of the Town and Country Planning (Scotland) Act 1997 and Schedule 32 to the Local Government, Planning and Land Act 1980 (c. 65).

[^f00020]: S.I. 1997/3061, as amended by S.I. 1998/1196.

[^f00021]: O.J. No. L194, 25.7.1975, p.39. Council Directive 75/442/EEC was amended by Council Directive 91/156/EEC (O.J. No. L78, 26.3.1991, p.32) and by Commission Decision 94/3/EC (O.J. No. L5, 7.1.1994, p.15).

[^f00022]: O.J. No. L337, 31.12.1991, p.20. Council Directive 91/689/EEC was amended by Council Directive 94/31/EC (O.J. No. L168, 2.7.1994, p.28).

[^f00023]: S.I. 1992/223; relevant amendment instrument is S.I. 1997/1871.

[^f00024]: S.I. 1999/1672.

[^f00025]: 1984 c. 54.

[^f00026]: Section 20A was inserted by S.I. 1988/1221 and amended by S.I. 1994/2012 and section 42(1) of the New Roads and Street Works Act 1991 (c. 22).

[^f00027]: Cm 2073.

[^f00028]: Cm 2183.

[^f00029]: Section 55A was inserted by S.I. 1988/1221 and amended by section 42(2) of the New Roads and Street Works Act 1991 (c. 22).

[^f00030]: Relevant amendments were made by S.I. 1988/1221.

[^f00031]: Sub-paragraph (1A) was inserted in each of paragraphs 7 and 13 by S.I. 1988/1221 and sub-paragraph (1B) was similarly inserted by S.I. 1994/2012.

[^f00032]: 1958 c. 24.

[^f00033]: 1994 c. 39.

[^f00034]: 1981 c. 69.

[^f00035]: S.R. & O. 1946/2157; relevant amending instrument is S.I. 1992/1206.

[^f00036]: See Command Paper 6614.

[^f00037]: See Command Paper 6993.

[^f00038]: O.J. No. L194, 25.7.1975, p.39. Council Directive 75/442/EEC was amended by Council Directive 91/156/EEC (O.J. No. L78, 26.3.1991, p.32) and by Commission Decision 94/3/EC (O.J. No. L5, 7.1.1994, p.15).

[^f00039]: O.J. No. L337, 31.12.1991, p.20. Council Directive 91/689/EEC was amended by Directive 94/31/EC (O.J. No. L168, 2.7.1994, p.28).

[^f00040]: O.J. No. L135, 30.5.1991, p.40.

[^f00041]: 1974 c. 40; section 30A was inserted by the Water Act 1989 (c. 15), Schedule 23, paragraph 4 and amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 29(2) and (3).

[^f00042]: O.J. No.L103, 25.4.1979, p.1.

[^f00043]: O.J. No.L206, 22.7.1992, p.7.