{
  "url": "https://openlegislation.uk/draft-masterplan-consent-area-scheme-environmental-impact-assessment-scotland-regulations-2024/regulation-4",
  "json_url": "https://openlegislation.uk/draft-masterplan-consent-area-scheme-environmental-impact-assessment-scotland-regulations-2024/regulation-4.json",
  "legislation": "sdsi/2024/9780111060933",
  "legislation_title": "The Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024",
  "legislation_url": "https://openlegislation.uk/draft-masterplan-consent-area-scheme-environmental-impact-assessment-scotland-regulations-2024",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Environmental impact assessment",
  "text": "(1) An environmental impact assessment is a process consisting of—\n(a) the preparation of an EIA report,\n(b) the carrying out of consultation, publication and notification as required by Parts 4 and 5 and, where relevant, Part 7,\n(c) the examination by the planning authority or the Scottish ministers, as the case may be, of the information presented in the EIA report and any other environmental information,\n(d) the reasoned conclusion by the planning authority or the Scottish Ministers, as the case may be, on the significant effects of the development 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\n(e) the integration of that reasoned conclusion into the decision notice in accordance with regulation 19.\n(2) The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of the circumstances relating to the proposed development, the direct and indirect significant effects of the proposed development (including, where the proposed development will have operational effects, such operational effects) on the factors specified in paragraph (3) and the interaction between those factors.\n(3) The factors are—\n(a) population and human health,\n(b) biodiversity, and in particular species and habitats protected under Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds as those Directives had effect immediately before IP completion day,\n(c) land, soil, water, air and climate,\n(d) material assets, cultural heritage and the landscape.\n(4) The effects to be identified, described and assessed under paragraph (2) include the expected effects deriving from the vulnerability of the development to risks, so far as relevant to the development, of major accidents and disasters.\n(5) Unless paragraph (6) applies, the environmental impact assessment to be carried out in relation to the making of a masterplan consent area scheme which would authorise EIA development must identify the likely significant effects of the proposed development on the environment before a decision to make the masterplan consent area scheme is made.\n(6) This paragraph applies where the planning authority or the Scottish Ministers, as the case may be—\n(a) consider that the likely significant effects of the proposed development on the environment are not fully identifiable at the time of their decision to make the scheme, and\n(b) are minded to make authorisation for EIA development to be granted by the scheme subject to a multi-stage condition.\n(7) The planning authority or the Scottish Ministers, as the case may be, must ensure that they have, or have access as necessary to, sufficient expertise to examine the EIA report.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 206, 22.7.1992, p. 7."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 20, 26.1.2010, p. 7."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2024/9780111060933/regulation/4",
    "retrieved_at": "2026-10-30T15:29:04.647794+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}