The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017

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

• (i) wetlands, riparian areas, river mouths;

• (ii) coastal zones and the marine environment;

• (iii) mountain and forest areas;

• (iv) nature reserves and parks;

• (v) European sites and other areas classified or protected under national legislation;

• (vi) areas in which there has already been a failure to meet the environmental quality standards, laid down in assimilated law and relevant to the project, or in which it is considered that there is such a failure;

• (vii) densely populated areas;

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

Characteristics of the potential impact

3

The likely significant effects of the works on the environment must be considered in relation to criteria set out in paragraphs 1 and 2 above, with regard to the impact of the works on the factors specified in regulation 5(3), taking into account—

• (a) the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);

• (b) the nature of the impact;

• (c) the transboundary nature of the impact;

• (d) the intensity and complexity of the impact;

• (e) the probability of the impact;

• (f) the expected onset, duration, frequency and reversibility of the impact;

• (g) the cumulation of the impact with the impact of other existing and/or approved works;

• (h) the possibility of effectively reducing the impact.

SCHEDULE 4 — INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

1

A description of the works, including in particular:

• (a) a description of the location of the works;

• (b) a description of the physical characteristics of the whole works, including, where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases;

• (c) a description of the main characteristics of the operational phase of the works (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;

• (d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) and quantities and types of waste produced during the construction and operation phases.

2

A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the applicant, which are relevant to the proposed works and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.

3

A description of the relevant aspects of the current state of the environment (the “baseline scenario”) and an outline of the likely evolution thereof without implementation of the project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.

4

A description of the factors specified in regulation 5(3) likely to be significantly affected by the works: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.

5

A description of the likely significant effects of the works on the environment resulting from, inter alia:

• (a) the construction and existence of the works, including, where relevant, demolition works;

• (b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

• (c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

• (d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);

• (e) the cumulation of effects with other existing and/or approved works, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

• (f) the impact of the works on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the works to climate change;

• (g) the technologies and the substances used.

6

The description of the likely significant effects on the factors specified in regulation 5(3) should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the works. This description should take into account the environmental protection objectives in assimilated law or under the law of any part of the United Kingdom which are relevant to the works ....

7

A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.

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 works on the environment deriving from the vulnerability of the works 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 assimilated law such as any law that implemented Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC or Council Directive 2009/71/Euratom establishing a community framework for the nuclear safety of nuclear installations or relevant assessments carried out pursuant to national legislation may be used for this purpose provided that the requirements of any law that implemented the 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 paragraphs 1 to 9.

11

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

Signed

R CUNNINGHAM — A member of the Scottish Government — 2017-04-11

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

[^f00002]: 1973 c.51. Section 56(1) was amended by S.S.I. 2011/1043. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of S.I. 1999/1820 and the functions conferred upon the Minister of the Crown under section 56 insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. The requirement to obtain Treasury consent was removed by section 55 of the 1998 Act.

[^f00003]: OJ L 26, 28.1.2012, p.1 as amended by Directive 2014/52/EU (OJ L 124, 25.4.2014, p.1).

[^f00004]: 2010 asp 5.

[^f00005]: 1991 c.28.

[^f00006]: 1995 c.25.

[^f00007]: 2014 asp 19.

[^f00008]: OJ L 26, 28.1.2012, p.1 as amended by Directive 2014/52/EU.

[^f00009]: 2000 c.7. Section 15(1) was amended by the Communications Act 2003 (c.21), schedule 17, paragraph 158.

[^f00010]: S.I. 2007/1518 as amended by S.I. 2011/735, S.I. 2011/1043, and S.I. 2015/446.

[^f00011]: 2009 c.23.

[^f00012]: 1997 c.8.

[^f00013]: National Parks are designated by designation orders made by the Scottish Ministers under section 6(1) (making of designation orders) of the National Parks (Scotland) Act 2000 (asp 5).

[^f00014]: 2004 asp 6.

[^f00015]: S.I. 1994/2716. Regulation 10 is amended by S.S.I. 2004/474 and S.S.I. 2007/80.

[^f00016]: See Command Paper 9424.

[^f00017]: 1979 c.46.

[^f00018]: Section 263A was inserted by section 50 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^f00019]: Section 58(1) was relevantly amended by section 37(4)(a) of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6).

[^f00020]: OJ L 206, 22.7.1992, p.7.

[^f00021]: OJ L 20, 26.1.2010, p.7.

[^f00022]: S.S.I. 2004/520, as amended by S.S.I. 2013/127.

[^f00023]: S.I. 2004/3391, as relevantly amended by S.I. 2015/1897.

[^f00024]: 1971 c.80.

[^f00025]: S.I. 2007/1842, regulation 25 is amended by S.I. 2010/490, S.I. 2010/1513, S.I. 2013/755 and S.I. 2016/912.

[^f00026]: S.I. 2010/490, regulation 61 is amended by S.I. 2012/1927.

[^f00027]: S.I. 2011/735.

[^f00028]: S.I. 2015/446.

[^f00029]: Command Paper 6614.

[^f00030]: Command Paper 6993.

[^f00031]: OJ No L 312, 22.11.2008, p.3.

[^f00032]: OJ No L 135, 30.5.1991, p.40, last amended by Council Directive 2013/64/EU (OJ L 353, 28.12.2013, p.8).

[^f00033]: 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 schedule 24.

[^f00034]: 1989 c.29.

[^f00035]: 1993 c.12.

[^f00036]: OJ L 206, 22.7.1992, p.7.

[^f00037]: OJ L 20, 26.1.2010, p.7.

[^f00038]: OJ L 197, 24.7.2012, p.1.

[^f00039]: OJ L 172, 2.7.2009, p.18.

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) ;

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

• “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 any works for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor are to be treated as works of the description mentioned in paragraph 2(2) of this schedule.

Descriptions of projects

The carrying out of works 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 materials, 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 ten 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 I to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives under heading D9), or landfill of hazardous waste (that is to say, waste which is considered to be hazardous in accordance with Articles 3(2) and 7 of that Directive).

10

Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC 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 concerning urban waste-water treatment .

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 with a diameter of more than 800 millimetres and a length of more than 40 kilometres for the transport of—

• (a) gas, oil or chemicals;

• (b) carbon dioxide streams for the purposes of geological storage, including associated booster stations.

17

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.

18

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

19

Storage sites pursuant to chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented the CCS Directive.

20

Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented the CCS Directive from installations referred to in this schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more.

21

Any change to or extension of projects listed in this schedule where such a change or extension in itself meets the thresholds, if any, or description of projects set out in this schedule.

Editorial notes

[^c24593311]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

[^c24593321]: 1973 c.51. Section 56(1) was amended by S.S.I. 2011/1043. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of S.I. 1999/1820 and the functions conferred upon the Minister of the Crown under section 56 insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. The requirement to obtain Treasury consent was removed by section 55 of the 1998 Act.

[^c24593331]: OJ L 26, 28.1.2012, p.1 as amended by Directive 2014/52/EU (OJ L 124, 25.4.2014, p.1).

[^c24593341]: 2010 asp 5.

[^c24593351]: 1991 c.28.

[^c24593361]: 1995 c.25.

[^c24593371]: 2014 asp 19.

[^c24593381]: OJ L 26, 28.1.2012, p.1 as amended by Directive 2014/52/EU.

[^c24593391]: 2000 c.7. Section 15(1) was amended by the Communications Act 2003 (c.21), schedule 17, paragraph 158.

[^c24593411]: 2009 c.23.

[^c24593421]: 1997 c.8.

[^c24593431]: National Parks are designated by designation orders made by the Scottish Ministers under section 6(1) (making of designation orders) of the National Parks (Scotland) Act 2000 (asp 5).

[^c24593441]: 2004 asp 6.

[^c24593451]: S.I. 1994/2716. Regulation 10 is amended by S.S.I. 2004/474 and S.S.I. 2007/80.

[^c24593461]: See Command Paper 9424.

[^c24593471]: 1979 c.46.

[^c24593481]: Section 263A was inserted by section 50 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^c24593491]: Section 58(1) was relevantly amended by section 37(4)(a) of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6).

[^c24593501]: OJ L 206, 22.7.1992, p.7.

[^c24593511]: OJ L 20, 26.1.2010, p.7.

[^c24593521]: S.S.I. 2004/520, as amended by S.S.I. 2013/127.

[^c24593531]: S.I. 2004/3391, as relevantly amended by S.I. 2015/1897.

[^c24593541]: 1971 c.80.

[^c24593561]: S.I. 2010/490, regulation 61 is amended by S.I. 2012/1927.

[^c24593571]: S.I. 2011/735.

[^c24593581]: S.I. 2015/446.

[^c24593591]: Command Paper 6614.

[^c24593601]: Command Paper 6993.

[^c24593611]: OJ No L 312, 22.11.2008, p.3.

[^c24593621]: OJ No L 135, 30.5.1991, p.40, last amended by Council Directive 2013/64/EU (OJ L 353, 28.12.2013, p.8).

[^c24593631]: 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 schedule 24.

[^c24593641]: 1989 c.29.

[^c24593651]: 1993 c.12.

[^c24593681]: OJ L 197, 24.7.2012, p.1.

[^c24593691]: OJ L 172, 2.7.2009, p.18.

[^key-d880c1fa71c20c4bdfa3adf3b85f928e]: Word in sch. 1 substituted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(9)

[^key-effd3406b27da69260049c61f420f065]: Word in sch. 2 table inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(10)

[^key-1b4986507488e555e23ae374dc52fd14]: Words in reg. 2(1) inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(2)(a)

[^key-7ceb877c7b2c5e3e0e0316d66addbed2]: Words in reg. 2(1) inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(2)(b)

[^key-a92305f746620db971d06bf67c58c161]: Words in reg. 2(1) substituted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(2)(c)

[^key-a5ce15031b8377c1634cb3014a8b5937]: Words in reg. 11(2) inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(3)

[^key-30e978b76c8b0f5c392cd180db18229d]: Words in reg. 16(1) omitted (30.6.2017) by virtue of The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(4)

[^key-78e77ae00b06a0b4360aa44151d07634]: Words in reg. 22(3)(c) inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(5)(a)

[^key-b3bf43d1f7034be6a2e08f32f3d0629b]: Reg. 22(7)(8) inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(5)(b)

[^key-a0651153e1639f4ba444382777bf5b0d]: Word in reg. 34(4)(b) substituted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(6)(a)

[^key-b21ba7f086689a8910703c8c6e7042e9]: Word in reg. 34(4)(c) substituted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(6)(b)

[^key-867d94e062b5ad8d84e33e978a43b998]: Reg. 40(2A) inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(7)

[^key-079fcfeea995b04cd90ecd84f1790e88]: Words in reg. 41 substituted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(8)

[^key-56bacb83802b30701b8815a6169bb160]: Words in reg. 38(2) substituted (30.11.2017) by The Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013), reg. 1, Sch. 4 para. 21(2) (with regs. 3, 4(2))

[^key-229ca024237ecdedb6fc81af0a6fde10]: Reg. 16A inserted (20.5.2020 at 1.45 p.m.) by The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/157), regs. 1, 3(4)

[^key-bd1ea089499bfd51fd1cb14026f6eae0]: Reg. 19A inserted (20.5.2020 at 1.45 p.m.) by The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/157), regs. 1, 3(6)

[^key-b3bab6222df7db8933c83aa3dfa85162]: Reg. 20A inserted (20.5.2020 at 1.45 p.m.) by The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/157), regs. 1, 3(8)

[^key-7c3f419c29b50bd08477178eaeef5e47]: Reg. 22A inserted (20.5.2020 at 1.45 p.m.) by The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/157), regs. 1, 3(10)

[^key-91ca898b9ada0042c517784f06ac4ca8]: Reg. 25A inserted (20.5.2020 at 1.45 p.m.) by The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/157), regs. 1, 3(12)

[^key-04c837730a1feba0e6facf2b2254daff]: Words in reg. 2(1) inserted (20.5.2020 at 1.45 p.m.) by The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/157), regs. 1, 3(2)

[^key-fb5b37e74e32193302fd2441ada40390]: Words in reg. 16(2) substituted (20.5.2020 at 1.45 p.m.) by The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/157), regs. 1, 3(3)

[^key-058533ce1a03edf4f0061faf6951cc29]: Words in reg. 19(1) substituted (20.5.2020 at 1.45 p.m.) by The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/157), regs. 1, 3(5)

[^key-612e0384a2ad3822d78a35720a6c2fd0]: Words in reg. 20(1) substituted (20.5.2020 at 1.45 p.m.) by The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/157), regs. 1, 3(7)

[^key-0c8caf1fa5a530f73fbd4422185488b1]: Words in reg. 22(1) substituted (20.5.2020 at 1.45 p.m.) by The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/157), regs. 1, 3(9)

[^key-7b18f6a7c1b647033ac863edc830c69f]: Words in reg. 25(3) substituted (20.5.2020 at 1.45 p.m.) by The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/157), regs. 1, 3(11)

[^key-b00424b41c6d651e61592d2d6d9fff8f]: Words in reg. 2(1) inserted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1637cfc911cee5f917edd640183d1b4a]: Words in reg. 2(1) omitted (31.12.2020) by virtue of The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5b0813cce328d519e815bce706de8945]: Reg. 2(2) substituted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-962061f4de748f5eca59c84f40fd790f]: Words in reg. 8(1) omitted (31.12.2020) by virtue of The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1daa3d065c9baaa0d9fae919b4572218]: Words in reg. 8(5) omitted (31.12.2020) by virtue of The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5073aa5480b8350f15ea728ab000fe96]: Words in reg. 8(4)(b) inserted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-de7189c6a140e9b12606d54940a5e61a]: Reg. 8(6)(7) inserted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c0604a42eb5e6b9f2b92cf27426d80e5]: Word in reg. 16(2)(b) substituted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6e03ea22c6fca4f3c06fab0c7440baf1]: Word in reg. 22(3)(b) substituted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a3aedee068b5c0bf135b86d62d51ced5]: Words in reg. 30(1)(a) omitted (31.12.2020) by virtue of The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a1d52a5a1d80c2fb1b8d5652e8a698e3]: Words in reg. 30(1)(b) omitted (31.12.2020) by virtue of The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ec6419a939e62cd4e9a44789b3c8bfe0]: Words in reg. 30(1)(b) omitted (31.12.2020) by virtue of The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-678d13f6efbc6bc8cdf4240da475a857]: Word in reg. 30(3)(a) substituted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-db4b63dfecb3254b64397d629f74af12]: Words in reg. 30(6) omitted (31.12.2020) by virtue of The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(6)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e0e98afec2dfe0fc7bed60f2b48295be]: Words in reg. 30(6) substituted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(6)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-17a46169f17d4ab730076ee2baec46a3]: Words in reg. 31(1) omitted (31.12.2020) by virtue of The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-bc971801a616e0951aa2824c0c69f4a9]: Words in reg. 31(1) omitted (31.12.2020) by virtue of The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2a102cb978a0a38947781e8434c7ee73]: Words in reg. 31(1) omitted (31.12.2020) by virtue of The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(7)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-41be7992c951a9c72a939fb42a0aec24]: Reg. 37 renumbered as reg. 37(1) (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-14305ee49f36ca4241724d4e397e9975]: Reg. 37(2) inserted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-72fff0acef893b1912e5df02ac82f07b]: Words in sch. 1 para. 19 inserted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2cd42fbb78e84e83c655f2dfcda826f1]: Words in sch. 1 para. 20 inserted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-65dfc816baf14a5ca5c8e1d8880d4a73]: Words in sch. 4 para. 6 substituted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8801d1d404cf3069f41c5fd963ccc3aa]: Words in sch. 4 para. 6 omitted (31.12.2020) by virtue of The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-301ba00ec4852bd2c819be1130d7b8b7]: Words in sch. 4 para. 9 substituted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1b9f776ed578c9ca9c84e92461814d38]: Words in sch. 4 para. 9 inserted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4bfbdd5389a9a173fa7b92ae1d6ddca2]: Regulations: 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-0e2b638c2d53f6ef7e9d029c6b6ad4a7]: Word in reg. 24(2)(b) 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. 34(2)

[^key-31d909a99718158d3491ccce3b8d4064]: Word in sch. 3 para. 2(c)(vi) 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. 34(3)

[^key-2262fd622bb7de6e31bbed0d9214b654]: Word in sch. 4 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. 34(4)

[^key-e6cc495224c4597edea8b0f95790e9a4]: Word in sch. 4 para. 9 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. 34(5)

Temporary relaxation of requirement for publication of EIA report

16A

Regulation 16(2)(c) applies during the relevant period as if “and the times and places at which, and the means by which the EIA report is available for inspection” were substituted with “on the application website”.

Publicity of determinations and provision of information

Consultation

Copies of EIA report for the Scottish Ministers

Temporary relaxation of requirement for hard copies of EIA report for the Scottish Ministers

19A

Regulation 19 applies during the relevant period as if—

• (a) paragraph (1) required an EIA report in relation to an application for a marine licence to be submitted by means of electronic communication and for the applicant to send two hard copies of the EIA report to the Scottish Ministers but only to send such hard copies if requested to do so by them, and

• (b) paragraph (2) were omitted.

Copies of EIA report for the public

Temporary relaxation of requirement for hard copies of EIA report for the public

20A

There is no requirement to make hard copies of an EIA report available for public inspection during the relevant period.

Temporary relaxation of requirement for publication of additional information

22A

Regulation 22(3)(c) applies during the relevant period as if “and the times and places at which, and the means by which, the additional information is available for inspection” were substituted with “on the application website”.

Temporary relaxation of requirement to make decision notice available for inspection

25A

Regulation 25 applies during the relevant period as if paragraph (3)(c) were substituted with–

(c) state the details of the website where a copy of the decision notice is available for inspection,