Regulation 38 Co-ordination of assessments

(1)

Where, in relation to an EIA project there is, in addition to the requirement for an environmental impact assessment to be carried out in accordance with these Regulations, also a requirement to carry out a habitats regulation appraisal, the Scottish Ministers must, where appropriate, ensure that the habitats regulation appraisal and the environmental impact assessment are co-ordinated.

(2)

In this regulation, a “habitats regulation appraisal” means an assessment under one, or more, of the following regulations—

(a)

regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994;

(b)

F1regulation 28 of the Conservation of Offshore Marine Habitats and Species Regulations 2017;

(c)

regulation 61 of the Conservation of Habitats and Species Regulations 2010 M1.

Annotations

Textual amendments

F1: Words in reg. 38(2) substituted (30.11.2017) by The Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013), reg. 1, Sch. 4 para. 21(2) (with regs. 3, 4(2))

Marginal citations

M1: S.I. 2010/490, regulation 61 is amended by S.I. 2012/1927.