Regulation 5 Environmental impact assessment
An environmental impact assessment is a process consisting of—
the preparation of an EIA report by the applicant;
the carrying out of consultation, publication and notification as required by F1Parts 4, 5 and 6;
the examination by the F2Scottish Ministers of the information presented in the EIA report and any other environmental information;
the reasoned conclusion by the Scottish Ministers on the significant effects of the EIA forestry project 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
the integration of the Scottish Ministers' reasoned conclusion into the decision notice in accordance with regulation 24.
The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of the circumstances relating to the forestry project, the direct and indirect significant effects of the forestry project on the factors specified in paragraph (3) and the interaction between those factors.
The factors are—
population and human health;
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 M1 and Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds M2;
land, soil, water, air and climate; and
material assets, cultural heritage and the landscape.
The effects to be identified, described and assessed under paragraph (2) include the expected effects deriving from the vulnerability of the forestry project to risks of major accidents and disasters, so far as relevant to the project concerned.
The Scottish Ministers must ensure that they have, or have access as necessary to, sufficient expertise to examine the EIA report.
Annotations
Textual amendments
- F1
Words in reg. 5(1)(b) substituted (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 71; 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in reg. 5 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(4) (with reg. 13)
Marginal citations
- M1
OJ L 206, 22.7.1992, p.7.
- M2
OJ L 20, 26.1.2010, p.7.