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The Environmental Impact Assessment (Scotland) Regulations 1999

S.S.I. 1999/1 · Made 8 July 1999

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TOWN AND COUNTRY PLANNING

ROADS AND BRIDGES

LAND DRAINAGE

Made 8th July 1999

Laid before the Scottish Parliament 9th July 1999

Coming into force 1st August 1999

The Scottish Ministers, in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972f1 and section 40 of the Town and Country Planning (Scotland) Act 1997f2 and of all other powers enabling him in that behalf, and having taken into account the selection criteria in Annex III to Council Directive 85/337/EECf3 as amended by Council Directive 97/11/ECf4, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

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.

f2

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.

f3

O.J. No. L175, 5.7.1985, p.40.

f4

O.J. No. L73, 14.3.1997, p.5.

Contents

  1. Part I: INTRODUCTORY
  2. 1Citation and commencement
  3. Part II: TOWN AND COUNTRY PLANNING
  4. Chapter 1: GENERAL
  5. 2Interpretation
  6. 3Prohibition on granting planning permission without consideration of environmental information
  7. Chapter 2: SCREENING
  8. 4General provisions relating to screening
  9. 5Requests for screening opinions of the planning authority
  10. 6Requests for screening directions of the Scottish Ministers
  11. Chapter 3: PROCEDURES CONCERNING APPLICATIONS FOR PLANNING PERMISSION
  12. 7Application made to a planning authority without an environmental statement
  13. 8Application referred to the Scottish Ministers without an environmental statement
  14. 9Appeal to the Scottish Ministers without an environmental statement
  15. Chapter 4: PREPARATION OF ENVIRONMENTAL STATEMENTS
  16. 10Scoping opinions of the planning authority
  17. 11Scoping directions of the Scottish Ministers
  18. 12Procedure to facilitate preparation of environmental statements
  19. Chapter 5: PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL STATEMENTS
  20. 13Publicity for environmental statement
  21. 14Consultation where environmental statement received by planning authority
  22. 15Copies of environmental statement for the Scottish Ministers
  23. 16Consultation where environmental statement received by the Scottish Ministers
  24. 17Copies of environmental statement for the public
  25. 18Charges for copies of environmental statements
  26. 19Further information and evidence relating to environmental statements
  27. Chapter 6: AVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS
  28. 20Availability of opinions, directions etc. for inspection
  29. 21Duties to inform the public and the Scottish Ministers of final decisions
  30. Chapter 7: DEVELOPMENT BY PLANNING AUTHORITIES
  31. 22Development by planning authority – preliminary
  32. 23Provision of information to planning authority
  33. 24Publicity for environmental statement prepared by planning authority
  34. 25Granting of planning permission to planning authority
  35. 26Intimation of decision
  36. Chapter 8: SPECIAL CASES
  37. 27Restriction of grant of permission by old simplified planning zone schemes or enterprise zone orders
  38. 28Restriction of grant of permission by new simplified planning zone schemes or enterprise zone orders
  39. Chapter 9: UNAUTHORISED DEVELOPMENT
  40. 29Prohibition on the grant of planning permission for unauthorised EIA development
  41. 30Screening opinions of the planning authority
  42. 31Screening directions of the Scottish Ministers
  43. 32Provision of information
  44. 33Appeal to the Scottish Ministers without a screening opinion or screening direction
  45. 34Appeal to the Scottish Ministers without an environmental statement
  46. 35Procedure where an environmental statement is submitted to the Scottish Ministers
  47. 36Further information and evidence respecting environmental statements
  48. 37Publicity for environmental statements or further information
  49. 38Public inspection of documents
  50. 39Unauthorised development with significant transboundary effects
  51. Chapter 10: DEVELOPMENT WITH SIGNIFICANT TRANSBOUNDARY EFFECTS
  52. 40Development in Scotland likely to have significant effects in another EEA State
  53. 41Projects in another EEA State likely to have significant transboundary effects
  54. Chapter 11: MISCELLANEOUS
  55. 42Service of notices etc.
  56. 43Application to the Court of Session
  57. 44Hazardous waste and material change of use
  58. 45Extension of the period for an authority’s decision on a planning application
  59. 46Extension of the power to provide in a development order for the giving of directions as respects the manner in which planning applications are dealt with
  60. 47Miscellaneous and consequential amendments
  61. Part III: ROADS
  62. 48General
  63. 49Sections 20A and 20B
  64. 50Sections 55A and 55B
  65. 51Section 151
  66. 52Schedule 1
  67. 53Application
  68. Part IV: DRAINAGE WORKS
  69. 54Application
  70. 55Interpretation
  71. 56Request for the opinion of the Scottish Ministers on the information to be supplied under this Part
  72. 57Prohibition on making an improvement order without consideration of environmental information
  73. 58Provision of information
  74. 59Submission and publication of environmental statement
  75. 60Further information respecting environmental statement
  76. 61Confidentiality
  77. 62Charges
  78. Part V: GENERAL
  79. 63Amendment of private legislation general orders
  80. 64Revocation of statutory instruments and transitional provisions
  81. Signature
  82. Schedule 1DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”
  83. Schedule 2: DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”
  84. 1Paragraph 1
  85. 2Paragraph 2
  86. Schedule 3: SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT
  87. 1Characteristics of development
  88. 2Location of development
  89. 3Characteristics of the potential impact
  90. Schedule 4: INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS
  91. Part I
  92. 1Paragraph 1
  93. 2Paragraph 2
  94. 3Paragraph 3
  95. 4Paragraph 4
  96. 5Paragraph 5
  97. 6Paragraph 6
  98. 7Paragraph 7
  99. Part II
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. 5Paragraph 5
  105. Schedule 5: THE ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 1999
  106. NOTICE UNDER REGULATION 13
  107. Schedule 6: THE ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 1999
  108. NOTICE UNDER REGULATION 13 AS APPLIED BY REGULATION 19(2)
  109. Schedule 7REVOCATIONS
  110. Explanatory note