The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017

1. Introductory Text

2. PART 1 INTRODUCTORY

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

   3. 3. Prohibitions relating to EIA forestry projects

   4. 4. Mandatory conditions

   5. 5. Environmental impact assessment

   6. 6. Application for EIA consent

   7. 7. Determination of applications for EIA consent

3. PART 2 DETERMINING WHETHER EIA IS REQUIRED

   1. 8. EIA forestry project

   2. 9. Exemptions

   3. 10. EIA forestry project thresholds

   4. 11. General provisions relating to screening

   5. 12. Requests for screening opinion of the Commissioners

   6. 13. Screening opinions – time period for decision

   7. 14. Requests for screening directions by the Scottish Ministers

4. PART 3 PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

   1. 15. Requests for scoping opinions of the Commissioners

   2. 16. Requests for scoping directions by the Scottish Ministers

   3. 17. Procedure to facilitate preparation of EIA reports

5. PART 4 PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

   1. 18. Publication of EIA report

   2. 19. Consultation where EIA report received by the Commissioners

   3. 20. Copies of EIA report for the public

6. PART 5 ADDITIONAL INFORMATION

   1. 21. Additional information and evidence relating to EIA reports

   2. 22. Publication of additional information

7. PART 6 AVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS

   1. 23. Availability of opinions, directions etc. for inspection

   2. 24. Decision notice

   3. 25. Monitoring measures

   4. 26. Duties to inform the applicant and public of final decisions

8. PART 7 FORESTRY PROJECT WITH SIGNIFICANT TRANSBOUNDARY EFFECTS

   1. 27. Forestry project in Scotland likely to have significant effects in an EEA State other than the United Kingdom

   2. 28. Projects in another EEA State likely to have significant transboundary effects

9. PART 8 ENFORCEMENT

   1. 29. Enforcement provisions

10. PART 9 APPEALS AND APPLICATIONS TO COURT

    1. 30. Appeals against the decisions of the Commissioners

    2. 31. Application to the Court of Session by person aggrieved

11. PART 10 MISCELLANEOUS

    1. 32. Electronic communications – general

    2. 33. Electronic communications – deemed agreement

    3. 34. Withdrawal of consent to use of electronic communications

    4. 35. Service of notices etc.

    5. 36. Competent authority – avoidance of conflict of interest

    6. 37. Co-ordination of assessments

    7. 38. Offence - false or misleading statements

    8. 39. Offences - non-compliance with enforcement notices

    9. 40. Offences by bodies corporate etc.

    10. 41. Revocation and savings

12. Signature

13. 1. SCHEDULE 1

       THRESHOLDS FOR THE IDENTIFICATION OF PROJECTS LIKELY TO HAVE SIGNIFICANT EFFECTS ON THE ENVIRONMENT

       1. 1. Interpretation

       2. 2. Thresholds for projects in sensitive areas

       3. 3. Thresholds for projects outside sensitive areas

       4. 4. Thresholds for extending projects in sensitive areas

       5. 5. Thresholds for extending projects outside sensitive areas

       6. 6. Exceptional circumstances in relation to forestry projects near to or adjoining other projects

    2. SCHEDULE 2

       SELECTION CRITERIA FOR SCREENING FORESTRY PROJECTS

       1. 1. Characteristics of forestry projects

       2. 2. Location of forestry project

       3. 3. Characteristics of the potential impact

    3. SCHEDULE 3

       INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

       1. 1. A description of the forestry project, including in particular:

       2. 2. A description of the reasonable alternatives (for example in terms...

       3. 3. A description of the relevant aspects of the current state...

       4. 4. A description of the factors specified in regulation 5(3) likely...

       5. 5. A description of the likely significant effects of the forestry...

       6. 6. The description of the likely significant effects on the factors...

       7. 7. A description of the forecasting methods or evidence, used to...

       8. 8. A description of the measures envisaged to avoid, prevent, reduce...

       9. 9. A description of the expected significant adverse effects of the...

       10. 10. A non-technical summary of the information provided under paragraphs 1...

       11. 11. A reference list detailing the sources used for the descriptions...

    4. SCHEDULE 4

       ENFORCEMENT POWERS

       1. 1. Interpretation of schedule 4

       2. 2. Powers of entry

       3. 3. Enforcement notices

       4. 4. Appeals against enforcement notices

14. Explanatory Note