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The Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017

S.S.I. 2017/114 · Made 11 April 2017 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 November 2025.

Agriculture

Land Drainage

Water

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 1972f1 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 environmentf2.C1

Annotations to the whole text

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)

Footnotes

f1

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 1, 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.

f2

OJ L 26, 28.1.2012, p.1, as amended by Directive 2014/52/EU (OJ L 124, 25.4.2014, p.1).

Contents

  1. Part 1: INTRODUCTORY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application
  5. 4Environmental impact assessment
  6. Part 2: AGRICULTURE AND IRRIGATION PROJECTS
  7. 5Prohibition on granting consent without an environmental impact assessment
  8. 6Screening opinion for agriculture – uncultivated land and semi-natural areas
  9. 7Screening opinion for irrigation project
  10. 8Screening opinion for agriculture – restructuring project
  11. 9Thresholds for agriculture – restructuring projects
  12. 10Application for screening opinion
  13. 11Screening opinions – time period for decision
  14. 12Screening opinions – determination
  15. 13Requirement for consent
  16. 14Scoping opinion
  17. 15Procedure to facilitate preparation of EIA reports
  18. 16Application and EIA report
  19. 17Consultation and publication
  20. 18Additional information
  21. 19Projects in Scotland likely to have significant effects in an EEA State other than the United Kingdom
  22. 20Projects in another EEA State likely to have significant transboundary effects
  23. 21Availability of opinions etc. for inspection
  24. 22Decision notice
  25. 23Conditions and restrictions on the granting of consent
  26. 24Monitoring measures
  27. 25Notification of decision
  28. 26Prohibition on granting an application for multi-stage consent without an environmental impact assessment
  29. 27Application for multi-stage consent where EIA report previously provided
  30. 28Modification of regulations relating to application for multi-stage consent
  31. 29Review of decisions and consents
  32. 30Appeals to the Scottish Ministers
  33. 31Hearing procedure
  34. 32Determination of appeals by written representations
  35. 33Determination and publication of appeal
  36. 34Access to review procedures before a court
  37. 35Competent authority – avoidance of conflict of interest
  38. 36Co-ordination of assessments
  39. 37Offences
  40. 38Offences
  41. 39Offences
  42. 40Application to Crown
  43. 41Stop notices
  44. 42Offences – contravention of a stop notice
  45. 43Reinstatement
  46. 44Powers of entry and default powers
  47. 45Offences by bodies corporate
  48. Part 3: LAND DRAINAGE
  49. 46Prohibition on making improvement order without an environmental impact assessment
  50. 47Screening opinion for land drainage
  51. 48Application of Part 2 to land drainage
  52. Part 4: MISCELLANEOUS
  53. 49Revocation, saving and transitional provision
  54. 50Revocation, saving and transitional provision
  55. 51Revocation, saving and transitional provision
  56. 52Consequential provision
  57. 53Electronic communications – general
  58. 54Electronic communications – deemed agreement
  59. 55Withdrawal of consent to use of electronic communications
  60. 56Service of notices etc.
  61. Signature
  62. Schedule 1: THRESHOLDS FOR A PROJECT INVOLVING RESTRUCTURING OF RURAL LAND HOLDINGS ON AGRICULTURAL LAND WHOLLY OUTWITH A SENSITIVE AREA Not yet in force
  63. TABLE
  64. Schedule 2: SELECTION CRITERIA FOR SCREENING
  65. 1Characteristics of projects
  66. 2Location of projects
  67. 3Types and characteristics of the potential impact
  68. Schedule 3: INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
  69. 1Paragraph 1
  70. 2Paragraph 2
  71. 3Paragraph 3
  72. 4Paragraph 4
  73. 5Paragraph 5
  74. 6Paragraph 6
  75. 7Paragraph 7
  76. 8Paragraph 8
  77. 9Paragraph 9
  78. 10Paragraph 10
  79. 11Paragraph 11
  80. Schedule 4: REVIEW OF DECISIONS AND CONSENTS
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. 5Paragraph 5
  86. 6Paragraph 6
  87. 7Paragraph 7
  88. 8Paragraph 8
  89. 9Paragraph 9
  90. Explanatory note