The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007

[^key-61802ff85a3fbeb0772b1ef27e3fa97d]: Words in sch. 1 para. 6 substituted (31.12.2020) by The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/415), regs. 1, 4(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1186e9abfa1f08f8427dd61a8e06e247]: Words in sch. 1 para. 9 omitted (31.12.2020) by virtue of The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/415), regs. 1, 4(7)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-dbf98185d55b34200d5d1ff60c67cb77]: Words in sch. 1 para. 9 inserted (31.12.2020) by The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/415), regs. 1, 4(7)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-49c02f853cac0f6095b609f2aff2ad0d]: Word in sch. 5 para. 11A(a) substituted (31.12.2020) by The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/415), regs. 1, 4(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-04042f623c806ad601c653c52c83529a]: Word in sch. 5 para. 30 substituted (31.12.2020) by The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/415), regs. 1, 4(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-512e93a72877495d1b4297743e598526]: Rules: power to amend or revoke conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 2 (with s. 247)

[^key-fb6157d71870112fcd2eab7b639832eb]: Word in sch. 1 para. 6 substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 10

22A

A relevant project as defined in regulation 23(5) of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015.

Environmental impact assessment

2A

• (1) An environmental impact assessment is a process consisting of—

• (a) the preparation of an EIA report by the applicant;

• (b) the carrying out of consultation, publication and notification as required by rules 5, 6 and 11 to 15, and where relevant rule 14;

• (c) the examination by the Scottish Ministers of the information presented in the EIA report and any other environmental information being any additional information, any representations made by any body required by these Rules to be invited to make representations and any representations duly made by any other person about the environmental effects of the proposed works which are the subject of the EIA application;

• (d) the reasoned conclusion by the Scottish Ministers of the significant effects of the proposed works which are the subject of the application on the environment, taking into account the results of the examination referred to in sub-paragraph (c) and, where appropriate, their own supplementary examination; and

• (e) the integration of the Scottish Ministers’ reasoned conclusion into the determination under section 11 of the Act.

• (2) The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of the circumstances relating to the proposed works which are the subject of the EIA application, the direct and indirect effects of those works on the factors specified in paragraph (3) and the interaction between those factors.

• (3) The factors are—

• (a) population and human health;

• (b) biodiversity, and in particular species and habitats protected under any law in Scotland that implemented Directive 92/43/EEC and Directive 2009/147/EC , as amended by Regulation (EU) 2019/1010;

• (c) land, soil, water, air and climate; and

• (d) material assets, cultural heritage and the landscape.

• (4) The effects to be identified, described and assessed under paragraph (2) include the expected effects deriving from the vulnerability of the proposed works to risks, so far as relevant to the proposed works, of major accidents and disasters.

• (5) Unless the Scottish Ministers consider that the likely significant effects of the proposed works on the environment are not fully identifiable at the time of their determination under section 11(2) of the Act, the environmental impact assessment to be carried out in relation to the determination of an EIA application must identify the likely significant effects of the application on the environment before such a determination is made.

• (6) The Scottish Ministers must ensure that they have, or have access as necessary to, sufficient expertise to examine the EIA report.

Pre-application documentation

Provision of environmental information

EIA application and screening decision

Scoping opinion

Form of application

Documents accompanying application

Environmental impact assessment report

Plans, sections and book of reference

Deposit of copy application etc. with others

Publicity for application

Notices to owners, occupiers etc.

Developments likely to have significant effects on the environment of another part of the United Kingdom or certain other states

Further information and notices

Co-ordination of assessments

15A

• (1) Where in relation to an EIA application there is in addition to the requirement for an environmental impact assessment to be carried out in accordance with these Rules also a requirement to carry out a Habitats Regulation Assessment, the Scottish Ministers must, where appropriate, ensure that the Habitats Regulation Assessment and the environmental impact assessment are co-ordinated.

• (2) In this rule a “Habitats Regulation Assessment” means an assessment under regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994.

Waiver of requirements in relation to applications

Fees for applications

Orders made by the Scottish Ministers by virtue of section 6

Objections: general

Notice of objections

Application of written representations procedure

Procedure by written representations

Submission of objections to inquiry or hearing

Making of representations

Power to set later time limits

Competent authority – avoidance of conflict of interest

26

• (1) The Scottish Ministers are to perform their duties arising under these Rules in an objective manner and so as not to find themselves in a situation giving rise to a conflict of interest.

• (2) Where the Scottish Ministers are considering whether to make an order under section 6 of the Act which would authorise a project which—

• (a) is of a type mentioned in Annex I to the Directive; or

• (b) is of a type mentioned in Annex II to the Directive and which is likely to have significant effects on the environment by virtue of factors such as its nature, size or location,

they are to implement within their organisation of administrative competences an appropriate separation between conflicting functions when performing their duties under these Rules.

8

A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis). That description should explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases.

9

A description of the expected significant adverse effects of the proposed project on the environment deriving from the vulnerability of the development to risks of major accidents and/or disasters which are relevant to the project concerned. Relevant information available and obtained through risk assessments pursuant to ... national legislation may be used for this purpose provided that the requirements of any law that implemented this Directive are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

10

A non-technical summary of the information provided under points 1 to 9.

11

A reference list detailing the sources used for the descriptions and assessments included in the EIA report.

11A

Where the Scottish Ministers have determined that an environmental impact assessment is necessary, in addition to the matters referred to in paragraph 11 the notice referred to in that paragraph must—

• (a) where relevant, state that the proposed works are likely to have significant effects on the environment in an EEA State;

• (b) state that the EIA report is available for inspection free of charge and the times and places (including the Scottish Parliament Information Centre) at which, and the means by which, the report is available for inspection;

• (c) state how copies of the EIA report may be obtained;

• (d) state the cost of a copy of the EIA report;

• (e) provide details of the arrangements for public participation in the decision making procedure and the circumstances under the Act in which the Scottish Ministers may cause a public local inquiry or hearing to be held into the proposal; and

• (f) state the nature of possible decisions to be taken in relation to the proposal.

12A

Where the Scottish Ministers have determined that an environmental impact assessment is necessary they must publish a notice containing the information specified in paragraphs 11, 11A and 12 on a website maintained by the Scottish Ministers for the purpose of making publicly available information relating to applications to which these Rules apply.