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