The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017
S.S.I. 2017/115 · Made 11 April 2017 · Extends to Scotland
Environmental Protection
Made 11th April 2017
Laid before the Scottish Parliament 13th April 2017
Coming into force 16th May 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1, section 56(1) of the Finance Act 1973 M2, and all other powers enabling them to do so.
They have taken into account the selection criteria in Annex III to 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 M3.C1
Annotations to the whole text
Marginal citations
- M1
1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.
- M2
1973 c.51. Section 56(1) was amended by S.S.I. 2011/1043. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of S.I. 1999/1820 and the functions conferred upon the Minister of the Crown under section 56 insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. The requirement to obtain Treasury consent was removed by section 55 of the 1998 Act.
- M3
OJ L 26, 28.1.2012, p.1 as amended by Directive 2014/52/EU (OJ L 124, 25.4.2014, p.1).
Modifications
- C1
Regulations: power to amend or revoke conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 2 (with s. 247)
Contents
- Part 1: INTRODUCTORY
- 1Citation, commencement, application and extent
- 2Interpretation
- 3Fees
- 4Prohibition on granting a regulatory approval without an environmental impact assessment
- 5Environmental impact assessment
- 6Environmental impact assessment report
- Part 2: DETERMINING WHETHER ENVIRONMENTAL IMPACT ASSESSMENT IS REQUIRED
- 7EIA projects
- 8Exemptions
- 9General provisions relating to screening
- 10Requests for a screening opinion
- 11Screening opinions – time period for decision
- Part 3: PROCEDURES CONCERNING APPLICATIONS FOR REGULATORY APPROVALS
- 12Application without prior screening
- 13EIA application made without an EIA report
- Part 4: PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
- 14Request for scoping opinions
- 15Procedure to facilitate preparation of EIA reports
- Part 5: PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
- 16Publication of EIA report
- 16ATemporary relaxation of requirement for publication of EIA report
- 17Publicity of determinations and provision of information
- 18Consultation
- 19Copies of EIA report for the Scottish Ministers
- 19ATemporary relaxation of requirement for hard copies of EIA report for the Scottish Ministers
- 20Copies of EIA report for the public
- 20ATemporary relaxation of requirement for hard copies of EIA report for the public
- Part 6: ADDITIONAL INFORMATION
- 21Additional information and evidence relating to EIA reports
- 22Publication of additional information
- 22ATemporary relaxation of requirement for publication of additional information
- Part 7: NOTIFICATION OF DECISIONS
- 23Decision notice
- 24Monitoring measures
- 25Notification of decision
- 25ATemporary relaxation of requirement to make decision notice available for inspection
- Part 8: MULTI-STAGE REGULATORY APPROVALS
- 26Prohibition on granting a multi-stage regulatory approval without an environmental impact assessment
- 27Application for a multi-stage regulatory approval where EIA report previously provided
- 28Application for a multi-stage regulatory approval without EIA report
- 29Modification of Regulations relating to an application for multi-stage regulatory approval
- Part 9: PROJECTS WITH SIGNIFICANT TRANSBOUNDARY EFFECTS
- 30Projects in Scotland likely to have significant effects in an EEA State other than the United Kingdom
- 31Projects in another EEA State likely to have significant transboundary effects
- Part 10: OFFENCES
- 32Provision of false etc. information
- 33Offences by bodies corporate etc.
- Part 11: MISCELLANEOUS
- 34Electronic communications – general
- 35Electronic communications – deemed agreement
- 36Withdrawal of consent to use of electronic communications
- 37Access to review procedure before a court
- 38Co-ordination of assessments
- 39Competent authority – avoidance of conflict of interest
- Part 12: TRANSITIONAL PROVISIONS AND REVOCATIONS
- 40Transitional provisions – general
- 41Transitional provisions – requests for screening opinions
- 42Revocations
- Signature
- Schedule 1: DESCRIPTIONS OF PROJECTS FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 WORKS”
- Interpretation
- Descriptions of projects
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Schedule 2: DESCRIPTIONS OF PROJECTS AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 WORKS”
- 1Paragraph 1
- 2Paragraph 2
- Schedule 3: SELECTION CRITERIA FOR SCREENING SCHEDULE 2 WORKS
- 1Characteristics of works
- 2Location of works
- 3Characteristics of the potential impact
- Schedule 4: INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 9AParagraph 9A
- 10Paragraph 10
- 11Paragraph 11
- Explanatory note