Regulation 2 Interpretation

In these Regulations—

• “the 2017 Regulations” means the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017^f1,

• “the Act” means the Town and Country Planning (Scotland) Act 1997 and references to sections without reference to the Act are references to sections of that Act,

• “additional information” has the meaning given in regulation 16(2),

• “the CCS Directive” means Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No. 1013/2006^f2, as it had effect immediately before IP completion day,

• “the consultation bodies” means—

  1. (a)

     any adjoining planning authority, where the proposed development is likely to affect land in their area,

  2. (b)

     Scottish Natural Heritage (Naturescot),

  3. (c)

     Scottish Water,

  4. (d)

     the Scottish Environment Protection Agency,

  5. (e)

     Historic Environment Scotland,

• “decision notice” has the meaning given in regulation 19,

• “development” has the same meaning as in section 54F of the Act,

• “the Development Management Procedure Regulations” means the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013^f3,

• “the Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment^f4 as it had effect immediately before IP completion day,

• “EIA development” means proposed development which is either—

  1. (a)

     Schedule 1 development, or

  2. (b)

     Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location,

• “EIA report” has the meaning given in regulation 5,

• “electronic communication” has the meaning given in section 15(1) (general interpretation) of the Electronic Communications Act 2000^f5,

• “environmental impact assessment” has the meaning given in regulation 4,

• “environmental information” means—

  1. (a)

     the EIA report prepared in respect of the proposed development,

  2. (b)

     any additional information obtained in respect of the proposed development,

  3. (c)

     any representations made by any consultation body, or other public body, consulted in respect of the proposed development in accordance with these Regulations,

  4. (d)

     any representations duly made by any other person about the environmental effects of the proposed development,

• “fish farming” means the breeding, rearing or keeping of fish, excluding shellfish,

• “fish farm development” means the placing or assembly of any equipment in marine waters for the purposes of fish farming (“equipment” having the same meaning as in section 26(6)^f6) (meaning of development) and any material change of use of equipment so placed or assembled,

• “the land” means the land on which the proposed development would be carried out,

• “marine waters” means the waters described in paragraphs (b) and (c) of subsection (6) of section 26 ,

• “multi-stage condition” means a condition specified in a masterplan consent area scheme, where (in terms of the condition) the approval, consent or agreement of the planning authority must be obtained before all or part of the development authorised by the scheme may be begun,

• “planning authority website” means a website maintained by the planning authority, inter alia for the purpose of making publicly available information relating to proposed development to which these Regulations apply,

• “proposed development” in respect of a proposed masterplan consent area scheme, means development for which authorisation would be granted by the scheme if the scheme is made,

• “register” means a register kept pursuant to section 36^f7 (registers of applications etc.),

• “relevant assessment” means, in relation to a proposed development, an assessment, or verification, of effects on the environment carried out pursuant to national legislation which is relevant to the assessment of the environmental impacts of the proposed development,

• “Schedule 1 development” has the same meaning as in the 2017 Regulations,

• “Schedule 2 development” has the same meaning as in the 2017 Regulations,

• “scoping direction” means a direction made by the Scottish Ministers as to the scope and level of detail of information to be provided in the EIA report,

• “scoping opinion” means the opinion of the planning authority as to the scope and level of detail of information to be provided in the EIA report,

• “screening direction” means a direction made by the Scottish Ministers as to whether development is, or is not, EIA development,

• “screening opinion” means a written statement of the opinion of the planning authority as to whether development is, or is not, EIA development.

Subject to paragraph (3), expressions used both in these Regulations and in the Act have the same meaning for the purposes of these Regulations as they have for the purposes of the Act.

Expressions used both in these Regulations and in the Directive (whether or not also used in the Act) have the same meaning for the purposes of these Regulations as they have for the purposes of the Directive.

In these Regulations, where a planning authority prepare a revised, updated or supplementary EIA report (or a report which the planning authority refers to as such) references to an EIA report are to be treated as including a reference to that revised, updated or supplementary EIA report.