Regulation 15 Requests for scoping opinionsF6

(1)

An applicant may request the F1Scottish Ministers to adopt a scoping opinion.

(2)

A request under paragraph (1) must include—

(a)

F2a description of the location of the forestry project, including a plan sufficient to identify the land;

(b)

a brief description of the nature and purpose of the forestry project and its likely effects on the environment; and

(c)

such other information or representations as the applicant making the request may wish to provide or make.

(3)

If the Scottish Ministers consider that they have not been provided with sufficient information to adopt a scoping opinion, they must, within the period of 28 days beginning with the date of receipt of the request under paragraph (1), notify the applicant of the points on which they require further information.

(4)

The Scottish Ministers must not adopt a scoping opinion in response to a request under paragraph (1) until they have consulted—

(a)

the applicant; and

(b)

the consultation bodies.

(5)

Before adopting a scoping opinion, the Scottish Ministers must take into account—

(a)

the specific characteristics of the particular forestry project F3, including its location and technical capacity;

(b)

the specific characteristics of forestry projects of the type concerned; and

(c)

the environmental features likely to be affected by the forestry project.

(6)

Subject to paragraph (7), the Scottish Ministers must within the period of 35 days beginning with the date of receipt of a request under paragraph (1) or such longer period as may be agreed in writing with the applicant, adopt a scoping opinion and send a copy to the applicant.

(7)

Where—

(a)

an applicant has, at the same time as making a request for a screening opinion under regulation 12(1), made a request for an opinion under paragraph (1); and

(b)

the Scottish Ministers have adopted a screening opinion to the effect that the forestry project is an EIA forestry project,

the Scottish Ministers must within the period of 35 days beginning with the date on which that screening opinion was adopted or such longer period as may be agreed in writing with the applicant, adopt a scoping opinion and send a copy to the applicant.

F4(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

Where a request has been made to the Scottish Ministers under regulation 12(1) to adopt a screening opinion but no request has been made under paragraph (1), the Scottish Ministers may of their own volition adopt a scoping opinion and paragraphs (3) to (6) and (11) apply in relation to such a scoping opinion as if a request had been made under paragraph (1) on the date on which the Scottish Ministers adopt the screening opinion.

(11)

Where the Scottish Ministers have adopted a scoping opinion, in response to a request under paragraph (1), F5they are not precluded from requiring the applicant to submit additional information in connection with any EIA report that may be submitted by the applicant pursuant to an EIA application relating to the same forestry project.

(12)

A later scoping opinion supersedes the terms of an earlier scoping opinion.

Annotations

Textual amendments

F1: Words in reg. 15 substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(13)(b) (with regs. 13, 16)
F2: Words in reg. 15(2)(a) inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 4(3)(a)
F3: Words in reg. 15(5)(a) inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 4(3)(b)
F4: Reg. 15(8)(9) omitted (18.3.2021) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(13)(c) (with regs. 13, 16)
F5: Words in reg. 15(11) substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(13)(d) (with regs. 13, 16)
F6: Reg. 15 heading substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(13)(a) (with regs. 13, 16)