OpenLegislation

The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017

S.S.I. 2017/115 · Made 11 April 2017 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 9 August 2026.

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

  1. Part 1: INTRODUCTORY
  2. 1Citation, commencement, application and extent
  3. 2Interpretation
  4. 3Fees
  5. 4Prohibition on granting a regulatory approval without an environmental impact assessment
  6. 5Environmental impact assessment
  7. 6Environmental impact assessment report
  8. Part 2: DETERMINING WHETHER ENVIRONMENTAL IMPACT ASSESSMENT IS REQUIRED
  9. 7EIA projects
  10. 8Exemptions
  11. 9General provisions relating to screening
  12. 10Requests for a screening opinion
  13. 11Screening opinions – time period for decision
  14. Part 3: PROCEDURES CONCERNING APPLICATIONS FOR REGULATORY APPROVALS
  15. 12Application without prior screening
  16. 13EIA application made without an EIA report
  17. Part 4: PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
  18. 14Request for scoping opinions
  19. 15Procedure to facilitate preparation of EIA reports
  20. Part 5: PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
  21. 16Publication of EIA report
  22. 16ATemporary relaxation of requirement for publication of EIA report
  23. 17Publicity of determinations and provision of information
  24. 18Consultation
  25. 19Copies of EIA report for the Scottish Ministers
  26. 19ATemporary relaxation of requirement for hard copies of EIA report for the Scottish Ministers
  27. 20Copies of EIA report for the public
  28. 20ATemporary relaxation of requirement for hard copies of EIA report for the public
  29. Part 6: ADDITIONAL INFORMATION
  30. 21Additional information and evidence relating to EIA reports
  31. 22Publication of additional information
  32. 22ATemporary relaxation of requirement for publication of additional information
  33. Part 7: NOTIFICATION OF DECISIONS
  34. 23Decision notice
  35. 24Monitoring measures
  36. 25Notification of decision
  37. 25ATemporary relaxation of requirement to make decision notice available for inspection
  38. Part 8: MULTI-STAGE REGULATORY APPROVALS
  39. 26Prohibition on granting a multi-stage regulatory approval without an environmental impact assessment
  40. 27Application for a multi-stage regulatory approval where EIA report previously provided
  41. 28Application for a multi-stage regulatory approval without EIA report
  42. 29Modification of Regulations relating to an application for multi-stage regulatory approval
  43. Part 9: PROJECTS WITH SIGNIFICANT TRANSBOUNDARY EFFECTS
  44. 30Projects in Scotland likely to have significant effects in an EEA State other than the United Kingdom
  45. 31Projects in another EEA State likely to have significant transboundary effects
  46. Part 10: OFFENCES
  47. 32Provision of false etc. information
  48. 33Offences by bodies corporate etc.
  49. Part 11: MISCELLANEOUS
  50. 34Electronic communications – general
  51. 35Electronic communications – deemed agreement
  52. 36Withdrawal of consent to use of electronic communications
  53. 37Access to review procedure before a court
  54. 38Co-ordination of assessments
  55. 39Competent authority – avoidance of conflict of interest
  56. Part 12: TRANSITIONAL PROVISIONS AND REVOCATIONS
  57. 40Transitional provisions – general
  58. 41Transitional provisions – requests for screening opinions
  59. 42Revocations
  60. Signature
  61. Schedule 1: DESCRIPTIONS OF PROJECTS FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 WORKS”
  62. Interpretation
  63. Descriptions of projects
  64. 1Paragraph 1
  65. 2Paragraph 2
  66. 3Paragraph 3
  67. 4Paragraph 4
  68. 5Paragraph 5
  69. 6Paragraph 6
  70. 7Paragraph 7
  71. 8Paragraph 8
  72. 9Paragraph 9
  73. 10Paragraph 10
  74. 11Paragraph 11
  75. 12Paragraph 12
  76. 13Paragraph 13
  77. 14Paragraph 14
  78. 15Paragraph 15
  79. 16Paragraph 16
  80. 17Paragraph 17
  81. 18Paragraph 18
  82. 19Paragraph 19
  83. 20Paragraph 20
  84. 21Paragraph 21
  85. Schedule 2: DESCRIPTIONS OF PROJECTS AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 WORKS”
  86. 1Paragraph 1
  87. 2Paragraph 2
  88. Schedule 3: SELECTION CRITERIA FOR SCREENING SCHEDULE 2 WORKS
  89. 1Characteristics of works
  90. 2Location of works
  91. 3Characteristics of the potential impact
  92. Schedule 4: INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
  93. 1Paragraph 1
  94. 2Paragraph 2
  95. 3Paragraph 3
  96. 4Paragraph 4
  97. 5Paragraph 5
  98. 6Paragraph 6
  99. 7Paragraph 7
  100. 8Paragraph 8
  101. 9Paragraph 9
  102. 9AParagraph 9A
  103. 10Paragraph 10
  104. 11Paragraph 11
  105. Explanatory note