Regulation 12 Application without prior screening

(1)

This regulation applies where it appears to the Scottish Ministers that—

(a)

an application for a regulatory approval which is before them for determination is an application to carry out schedule 1 works F1schedule 2 works or BBNJ works;

(b)

the works in question have not been the subject of a screening opinion; and

(c)

the application is not accompanied by a report referred to by the applicant as an EIA report.

F2(2)

Where it appears to the Scottish Ministers that the application relates to proposed schedule 1 works or schedule 2 works, the Scottish Ministers must adopt a screening opinion in relation to the proposed works.

F3(2A)

Where it appears to the Scottish Ministers that the application relates to proposed BBNJ works, the Scottish Ministers must adopt a screening opinion in any case where the Scottish Ministers consider that—

(a)

the proposed works may have more than a minor or transitory effect on the marine environment, or

(b)

the effects of the proposed works are unknown or poorly understood.

(2B)

Where the Scottish Ministers decide that paragraph (2A) does not apply in respect of proposed BBNJ works, they must give the applicant a notice stating that the proposed works do not require an environmental impact assessment.

(2C)

Terms used in paragraph (2A)(a) and (b) have the same meaning that they have in the Biodiversity Beyond National Jurisdiction Agreement (see in particular Article 30(1)).

(3)

If it appears to the Scottish Ministers that the application for a regulatory approval is an application to carry out schedule 2 works F4or BBNJ works but the Scottish Ministers do not consider that the information submitted by the applicant in connection with the application includes all the information referred to in regulation 10(2), the Scottish Ministers must seek from the applicant such information as they consider remains to be provided by giving notice to the applicant describing that information.

Annotations

Textual amendments

F1: Words in reg. 12(1)(a) substituted (9.8.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 24(5)(a), 32(2) (with s. 30); S.I. 2026/827, reg. 2(j)
F2: Reg. 12(2) substituted (9.8.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 24(5)(b), 32(2) (with s. 30); S.I. 2026/827, reg. 2(j)
F3: Reg. 12(2A)-(2C) inserted (9.8.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 24(5)(c), 32(2) (with s. 30); S.I. 2026/827, reg. 2(j)
F4: Words in reg. 12(3) inserted (9.8.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 24(5)(d), 32(2) (with s. 30); S.I. 2026/827, reg. 2(j)