Environmental Assessment (Scotland) Act 2005

2005 asp 15

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 9th November 2005 and received Royal Assent on 14th December 2005

An Act of the Scottish Parliament to make provision for the assessment of the environmental effects of certain plans and programmes, including plans and programmes to which Directive 2001/42/EC of the European Parliament and of the Council relates; and for connected purposes.

Part 1 S Environmental assessment for plans and programmes

1 Requirement for environmental assessment S

(1) The responsible authority shall—

(a) during the preparation of a qualifying plan or programme, secure the carrying out of an environmental assessment in relation to the plan or programme; and

(b) do so—

(i) where the plan or programme is to be submitted to a legislative procedure for the purposes of its adoption, before its submission; or

(ii) in any other case, before its adoption.

(2) In this Act, an environmental assessment is—

(a) the preparation of an environmental report;

(b) the carrying out of consultations; and

(c) the taking into account of the environmental report and the result of the consultations in decision-making,

in accordance with Part 2 of this Act.

Commencement Information

I1 S. 1 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

2 Responsible authorities S

(1) In this Act, a responsible authority is any person, body or office-holder exercising functions of a public character.

(2) The responsible authority in relation to a particular plan or programme is the authority by whom, or on whose behalf, the plan or programme is prepared.

(3) Where more than one authority is responsible for a plan or programme (or part of it) the responsible authority shall be—

(a) the authority determined by agreement between those authorities; or

(b) if there is no such agreement, the authority determined by the Scottish Ministers.

(4) But for the purposes of section 5(4)(a) the responsible authorities are—

(a) the Scottish Ministers;

(b) any holder of an office in the Scottish Administration which is not a ministerial office;

(c) the Scottish Parliament;

(d) the Scottish Parliamentary Corporate Body;

(e) a Scottish public authority with mixed functions or no reserved functions;

(f) any other person, body or office-holder of a description (and to such extent) as may be specified by the Scottish Ministers by order.

Commencement Information

I2 S. 2 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

3 Consultation authorities S

(1) In this Act, the consultation authorities are—

(a) the Scottish Ministers;

(b) the Scottish Environment Protection Agency; and

(c) Scottish Natural Heritage.

(2) Where an authority mentioned in subsection (1) is the responsible authority as regards a plan or programme, the authority shall not be a consultation authority in relation to that plan or programme.

Commencement Information

I3 S. 3 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

4 Plans and programmes S

(1) This Act applies to plans and programmes (including those co-financed by [F1 the European Union]) which—

(a) are—

(i) subject to preparation or adoption (or both) by a responsible authority at national, regional or local level; or

(ii) without prejudice to the generality of sub-paragraph (i), prepared by a responsible authority for adoption through a legislative procedure; and

(b) relate solely to the whole or any part of Scotland.

(2) In this Act, any reference to plans or programmes includes reference to modification of plans or programmes.

(3) This Act does not apply to—

(a) plans and programmes the sole purpose of which is to serve national defence or civil emergency;

(b) financial or budgetary plans and programmes;

(c) plans and programmes co-financed under the 2000-2006 programming period for Council Regulation (EC) No. 1260/1999 and the 2000/2006 and 2000/2007 programming periods for Council Regulation (EC) No. 1257/99 on support for rural development from the European Agricultural Guidance and Guarantee Fund.

(4) In this Act, any reference to plans or programmes includes strategies.

Textual Amendments

F1 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with arts. 3(2)(3), 4(2), 6(4)(5))

Commencement Information

I4 S. 4 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

5 Qualifying plans and programmes S

(1) In this Act, qualifying plans and programmes are plans and programmes of a description set out in subsection (3) or (4)—

(a) in respect of which the first formal preparatory act is on or after the coming into force of this section; and

(b) which are not exempt by virtue of section 7(1) or 8(2).

(2) But a plan or programme is a qualifying plan or programme only to the extent that it relates to matters of a public character.

(3) The description set out in this subsection is a plan or programme (to which this Act applies) which is required by a legislative, regulatory or administrative provision and—

(a) which—

(i) is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use; and

(ii) sets the framework for future development consent of projects listed in schedule 1;

(b) which, in view of the likely effect on sites, has been determined to require an assessment pursuant to Article 6 or 7 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (as last amended by Council Directive 97/62/EC); or

(c) which does not fall within paragraph (a) or (b) but sets the framework for future development consent of projects.

(4) The description set out in this subsection is a plan or programme (to which this Act applies)—

(a) which is prepared by a responsible authority as specified in, or by virtue of, section 2(4); and

(b) which—

(i) is not a plan or programme of a description set out in subsection (3); and

(ii) is not of a type specified in, or by virtue of, section 6(1).

(5) The Scottish Ministers may by order modify schedule 1.

Commencement Information

I5 S. 5 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

6 Types of excluded plans and programmes S

(1) The types of plan or programme referred to in section 5(4)(b)(ii) are those which—

(a) consist of plans or programmes each of which relates to an individual school; or

(b) may be specified by order made by the Scottish Ministers.

(2) The Scottish Ministers may by order modify subsection (1)(a).

(3) If specifying a type of plan or programme by virtue of subsection (1)(b) or (2), the Scottish Ministers must be of the opinion that the type of plan or programme is likely to have—

(a) no effect; or

(b) minimal effect,

in relation to the environment.

(4) In this section, “school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980 (c. 44).

Commencement Information

I6 S. 6 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

7 Exemptions: pre-screening S

(1) A plan or programme of a description set out in section 5(4) is exempt if the responsible authority is of the opinion that the plan or programme will have—

(a) no effect; or

(b) minimal effect,

in relation to the environment.

(2) In considering whether or not it is of the opinion described in subsection (1), the responsible authority shall apply the criteria specified in schedule 2.

(3) If a responsible authority is of the opinion described in subsection (1), it shall notify the consultation authorities of that fact as soon as practicable.

(4) A notification under subsection (3) shall also include the following information—

(a) the title of the plan or programme;

(b) the date of the opinion; and

(c) a brief description of the plan or programme, including the area or location to which the plan or programme relates.

(5) The Scottish Ministers shall arrange for a register to be kept of any notifications under subsection (3).

(6) The register kept under subsection (5)—

(a) shall be available for public inspection—

(i) at any reasonable time; and

(ii) at such place as the Scottish Ministers may direct;

(b) may include such other information in relation to a plan or programme as the Scottish Ministers consider appropriate.

(7) The information contained in the register may also be made available, for the purpose of facilitating public access to that information, by such means (including by means of display on a website) as the Scottish Ministers think fit.

(8) The Scottish Ministers may by order modify schedule 2.

Commencement Information

I7 S. 7 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

8 Exemptions: screening S

(1) The responsible authority shall determine whether or not—

(a) a plan or programme of a description set out in section 5(3) which determines the use of small areas at local levels;

(b) a minor modification to a plan or programme of a description set out in section 5(3);

(c) a plan or programme of the description set out in section 5(3)(c);

(d) a plan or programme of the description set out in section 5(4) which is not exempt by virtue of section 7(1),

is likely to have significant environmental effects.

(2) Where the responsible authority determines under subsection (1) that a plan or programme is unlikely to have significant environmental effects—

(a) that plan or programme is exempt; and

(b) the authority shall prepare a statement of its reasons for the determination.

(3) In making a determination under subsection (1), the responsible authority shall apply the criteria specified in schedule 2.

(4) The statement of reasons under subsection (2)(b) shall, in particular, state how the criteria mentioned in subsection (3) were applied when making the determination.

Commencement Information

I8 S. 8 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

9 Screening: procedure S

(1) Before making a determination under section 8(1), the responsible authority shall prepare a summary of its views as to whether or not the plan or programme is likely to have significant environmental effects.

(2) The responsible authority shall send that summary to each consultation authority for its consideration.

(3) Each consultation authority shall, within 28 days of receipt of that summary, respond to the responsible authority with the consultation authority's views on it.

(4) If the responsible authority and the consultation authorities agree that the plan or programme is unlikely to have significant environmental effects, the responsible authority shall make a determination to that effect under section 8(1).

(5) If the responsible authority and the consultation authorities agree that the plan or programme is likely to have significant environmental effects then the responsible authority shall make a determination to that effect under section 8(1).

(6) If the responsible authority and the consultation authorities do not reach agreement as to whether or not the plan or programme is likely to have significant environmental effects, the responsible authority shall refer the matter to the Scottish Ministers for their determination.

(7) A determination of the Scottish Ministers under subsection (6) shall have effect as if made by the responsible authority under section 8(1); and, where the determination is that the plan or programme is unlikely to have significant environmental effects, section 8(2)(b) shall apply to the Scottish Ministers as it would to the responsible authority.

Commencement Information

I9 S. 9 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

10 Screening: publicity for determinations S

(1) Within 28 days of a determination having been made under section 8(1), the responsible authority shall send to the consultation authorities—

(a) a copy of the determination; and

(b) any related statement of reasons prepared in accordance with section 8(2)(b).

(2) The responsible authority shall—

(a) keep a copy of the determination, and any related statement of reasons, available at its principal office for inspection by the public at all reasonable times and free of charge;

(b) display a copy of the determination and any related statement of reasons on the authority's website; and

(c) within 14 days of the making of the determination, secure the taking of such steps as it considers appropriate (including publication in at least one newspaper circulating in the area to which the plan or programme relates) to bring to the attention of the public—

(i) the title of the plan or programme to which the determination relates;

(ii) that a determination has been made under section 8(1);

(iii) whether or not an environmental assessment is required in respect of the plan or programme; and

(iv) the address (which may include a website) at which a copy of the determination and any related statement of reasons may be inspected or from which a copy may be obtained.

(3) Nothing in subsection (2)(c)(iv) shall require the responsible authority to provide a copy of any document free of charge; but where a charge is made, it shall be of a reasonable amount.

Commencement Information

I10 S. 10 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

11 Directions as regards plans and programmes S

(1) The Scottish Ministers may at any time direct a responsible authority to send to them a copy of any plan or programme which—

(a) is being prepared;

(b) has been adopted; or

(c) has been submitted to a legislative procedure for the purposes of its adoption,

by that responsible authority.

(2) The Scottish Ministers shall consider any plan or programme sent to them under subsection (1), together with such information relating to it as they may reasonably require the responsible authority to provide.

(3) Where the Scottish Ministers consider that the plan or programme falls within—

(a) section 5(3)(a) or (b), they may direct the responsible authority to carry out an environmental assessment in accordance with this Act;

(b) paragraphs (a) to (d) of subsection (1) of section 8, they may direct the responsible authority to carry out a determination in accordance with that subsection.

(4) Where subsection (3) applies, the Scottish Ministers shall send to the responsible authority a summary of the reasons as to why a direction was, or (as the case may be) was not, made.

(5) A responsible authority shall comply with any direction given to it under subsection (1) or (3).

Commencement Information

I11 S. 11 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

12 Restriction on adoption or submission S

(1) A qualifying plan or programme shall not be—

(a) adopted; or

(b) submitted to a legislative procedure for the purposes of its adoption,

before the requirements of such provisions of Part 2 of this Act as apply in relation to that plan or programme have been met.

(2) A plan or programme in respect of which a determination is required under section 8(1) shall not be adopted, or submitted to a legislative procedure for the purpose of its adoption, unless either—

(a) the requirements of subsection (1) have been met; or

(b) the determination under section 8(1) is that the plan or programme is unlikely to have significant environmental effects.

Commencement Information

I12 S. 12 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

13 Relationship with [F2 EU] law requirements S

(1) An environmental assessment carried out under this Act shall be without prejudice to any requirement under [F2 EU] law.

(2) Where a qualifying plan or programme is co-financed by [F1 the European Union], the responsible authority, in carrying out the environmental assessment required by this Act, shall do so in conformity with any relevant provision of [F2 EU] law that is applicable by reason of that co-financing.

Textual Amendments

F1 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with arts. 3(2)(3), 4(2), 6(4)(5))

F2 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

Commencement Information

I13 S. 13 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Part 2 S Environmental reports and consultation

14 Preparation of environmental report S

(1) In relation to any qualifying plan or programme, the responsible authority shall secure the preparation of an environmental report.

(2) The report shall identify, describe and evaluate the likely significant effects on the environment of implementing—

(a) the plan or programme; and

(b) reasonable alternatives to the plan or programme,

taking into account the objectives and the geographical scope of the plan or programme.

(3) The report shall include such of the information specified in schedule 3 as may reasonably be required, taking account of—

(a) current knowledge and methods of assessment of environmental matters;

(b) the contents of, and level of detail in, the plan or programme;

(c) the stage of the plan or programme in the decision-making process; and

(d) the extent to which any matters to which the report relates would be more appropriately assessed at different levels in that process in order to avoid duplication of the assessment.

(4) Information referred to in schedule 3 may be included in the report by reference to relevant information obtained at other levels of decision-making or through [F2 EU] legislation.

(5) The Scottish Ministers may by order modify schedule 3.

Textual Amendments

F2 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

Commencement Information

I14 S. 14 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

15 Scoping S

(1) Before deciding on—

(a) the scope and level of detail of the information to be included in the environmental report to be prepared in accordance with section 14; and

(b) the consultation period it intends to—

(i) specify under section 16(1)(b); and

(ii) notify under section 16(2)(a)(iv),

the responsible authority shall send to each consultation authority such sufficient details of the qualifying plan or programme as will enable the consultation authority to form a view on those matters.

(2) Each consultation authority shall—

(a) send to the responsible authority its views on the matters referred to in subsection (1) within the period of 5 weeks beginning with the date on which the details referred to in that subsection are received by the consultation authority; and

(b) send a copy of those views to the other consultation authorities.

(3) The responsible authority shall—

(a) take account of the views expressed by the consultation authorities under subsection (2)(a); and

(b) advise the Scottish Ministers of the period it intends to specify under section 16(1)(b) and notify under section 16(2)(a)(iv).

(4) If the Scottish Ministers consider that a period referred to in subsection (3)(b) is not likely to give (as the case may be)—

(a) the consultation authorities; or

(b) the public—

(i) affected or likely to be affected by; or

(ii) having an interest in,

the plan or programme,

an early and effective opportunity to express their opinion on the plan or programme and the accompanying environmental report, the Scottish Ministers shall, within 7 days of receipt of the advice under subsection (3)(b), specify such other period as the Scottish Ministers consider will give the consultation authorities, or (as the case may be) the public, such an early and effective opportunity.

(5) Where the Scottish Ministers have specified a period under subsection (4), the responsible authority shall specify under section 16(1)(b), or (as the case may be) notify under section 16(2)(a)(iv), that period.

(6) Where the Scottish Ministers are the responsible authority in relation to a qualifying plan or programme, subsections (3)(b), (4) and (5) do not apply.

Commencement Information

I15 S. 15 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

16 Consultation procedures S

(1) As soon as reasonably practicable, and in any event within 14 days of the preparation of the environmental report, the responsible authority shall—

(a) send a copy of the report and the qualifying plan or programme to which it relates (“the relevant documents”) to the consultation authorities; and

(b) invite each consultation authority to express its opinion on the relevant documents within such period as the responsible authority may specify.

(2) The responsible authority shall also—

(a) within 14 days of the preparation of the environmental report, secure the publication of a notice—

(i) stating the title of the plan or programme to which it relates;

(ii) stating the address (which may include a website) at which a copy of the relevant documents may be inspected or from which a copy may be obtained;

(iii) inviting expressions of opinion on the relevant documents; and

(iv) stating the address to which, and the period within which, opinions must be sent;

(b) keep a copy of the relevant documents available at the authority's principal office for inspection by the public at all reasonable times and free of charge; and

(c) display a copy of the relevant documents on the authority's website.

(3) The periods referred to in subsections (1)(b) and (2)(a)(iv) must be of such length as will ensure that those to whom the invitation is extended are given an early and effective opportunity to express their opinion on the relevant documents.

(4) Publication of a notice under subsection (2)(a) shall be by such means (including publication in at least one newspaper circulating in the area to which the plan or programme relates) as will ensure that the contents of the notice are likely to come to the attention of the public—

(a) affected by or likely to be affected by; or

(b) having an interest in,

the plan or programme.

(5) Nothing in subsection (2)(a)(ii) shall require the responsible authority to provide a copy of any document free of charge; but where a charge is made, it shall be of a reasonable amount.

Commencement Information

I16 S. 16 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

17 Account to be taken of environmental report etc. S

In the preparation of a qualifying plan or programme, the responsible authority shall take account of—

(a) the environmental report for that plan or programme;

(b) every opinion expressed in response to the invitations referred to in section 16(1) and (2)(a)(iii); and

(c) the outcome of any relevant consultation under regulation 14 of the Environmental Assessment of Plans and Programmes Regulations 2004 (S.I. 2004/1633).

Commencement Information

I17 S. 17 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Part 3 S Post-adoption procedures

18 Information as to adoption of a qualifying plan or programme S

(1) As soon as reasonably practicable after the adoption of a qualifying plan or programme, the responsible authority shall—

(a) make available a copy of—

(i) the plan or programme;

(ii) the environmental report relating to it; and

(iii) a statement containing the particulars specified in subsection (3),

at the authority's principal office for inspection by the public at all reasonable times and free of charge;

(b) secure the taking of such steps as it considers appropriate (including publication in at least one newspaper circulating in the area to which the plan or programme relates) to bring to the attention of the public—

(i) the title of the plan or programme;

(ii) the date on which it was adopted;

(iii) the address (which may include a website) at which a copy of the plan or programme and its accompanying environmental report, and of the statement containing the particulars specified in subsection (3), may be inspected or from which a copy may be obtained;

(iv) the times at which inspection may be made; and

(v) that inspection may be made free of charge; and

(c) display a copy of—

(i) the documents referred to in paragraph (a); and

(ii) the information referred to in paragraph (b),

on the authority's website.

(2) As soon as reasonably practicable after the adoption of a qualifying plan or programme, the responsible authority shall inform the consultation authorities of the adoption of the plan or programme and shall send them a copy of—

(a) the plan or programme as adopted; and

(b) the statement containing the particulars specified in subsection (3).

(3) The particulars referred to in subsections (1)(a)(iii) and (b)(iii) and (2)(b) are—

(a) how environmental considerations have been integrated into the plan or programme;

(b) how the environmental report has been taken into account;

(c) how the opinions expressed in response to the invitations mentioned in section 16 have been taken into account;

(d) how the results of any relevant consultation under regulation 14 of the Environmental Assessment of Plans and Programmes Regulations 2004 (S.I. 2004/1633) have been taken into account;

(e) the reasons for choosing the plan or programme as adopted, in the light of the other reasonable alternatives considered; and

(f) the measures that are to be taken to monitor the significant environmental effects of the implementation of the plan or programme.

(4) Nothing in subsection (1)(b)(iii) shall require the responsible authority to provide a copy of any document free of charge; but where a charge is made, it shall be of a reasonable amount.

Commencement Information

I18 S. 18 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

19 Monitoring of implementation of qualifying plans and programmes S

(1) The responsible authority shall monitor the significant environmental effects of the implementation of every qualifying plan or programme for which it has carried out an environmental assessment.

(2) The responsible authority shall do so in a manner (which may comprise or include arrangements established otherwise than for the express purpose of compliance with subsection (1)) which enables the authority to—

(a) identify any unforeseen adverse effects at an early stage; and

(b) undertake appropriate remedial action.

Commencement Information

I19 S. 19 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Part 4 S Miscellaneous

20 Annual reports S

(1) The Scottish Ministers must, as soon practicable after the end of each calendar year referred to in subsection (2)—

(a) prepare and publish a report on—

(i) the exercise of the functions of the Scottish Ministers under this Act; and

(ii) such other activities carried out in relation to environmental assessments as the Scottish Ministers consider appropriate,

during that year;

(b) lay a copy of the report before the Scottish Parliament.

(2) The calendar years are 2006 to 2010.

(3) After publishing the report relating to 2010, the Scottish Ministers must consult with such persons as they consider appropriate as to what arrangements, if any, are to be made for reporting on any of the matters referred to in subsection (1)(a)(i) and (ii).

Commencement Information

I20 S. 20 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Part 5 S General

21 Crown application S

This Act binds the Crown.

22 Orders S

(1) Any power of the Scottish Ministers to make orders under this Act is exercisable by statutory instrument.

(2) Any such power includes power to make—

(a) such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient; and

(b) different provision for different purposes.

(3) A statutory instrument containing an order under this Act except—

(a) where subsection (4) applies, an order under section 23; or

(b) an order under section 26,

is subject to annulment in pursuance of a resolution of the Parliament.

(4) No order under section 23 which amends an Act is to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Parliament.

23 Ancillary provision S

The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient for the purposes or in consequence of this Act.

24 Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004 S

The Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004 (S.S.I. 2004/258) are revoked.

Commencement Information

I21 S. 24 in force at 20.2.2006 by S.S.I. 2006/19, art. 2 (with art. 3)

25 Interpretation S

(1) In this Act—

• “the Directive” means Directive 2001/42/EC of the European Parliament and of the Council on the assessment of the effects of certain plans and programmes on the environment;

• “the public” includes any legal person and any body of persons (whether incorporated or not).

(2) Unless the context otherwise requires, expressions used in both this Act and in the Directive shall be construed in accordance with the Directive.

26 Commencement and short title S

(1) The provisions of this Act, except this section and sections 21, 22, 23 and 25, come into force on such day as the Scottish Ministers may by order appoint.

(2) Different days may be so appointed for different provisions and different purposes.

(3) This Act may be cited as the Environmental Assessment (Scotland) Act 2005.

SCHEDULE 1 S Projects

(introduced by section 5(3)(a))

Part 1 S

Particular projects S

1 (1) Crude oil refineries except undertakings whose sole function is the manufacture of lubricants from crude oil. S

(2) Installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

Commencement Information

I22 Sch. 1 para. 1 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

2 (1) Thermal power stations and other combustion installations with a heat output of 300 megawatts or more. S

(2) Nuclear power stations and other nuclear reactors including the dismantling or decommissioning of such power stations or reactors (except research installations for the production and conversion of fissionable and fertile materials whose maximum power does not exceed 1 kilowatt continuous thermal load).

Commencement Information

I23 Sch. 1 para. 2 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

3 (1) Installations for the reprocessing of irradiated nuclear fuel. S

(2) Installations designed—

(a) for the production or enrichment of nuclear fuel;

(b) for the processing of irradiated nuclear fuel or high-level radioactive waste;

(c) for the final disposal of irradiated nuclear fuel;

(d) solely for the final disposal of radioactive waste; or

(e) solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site other than the production site.

Commencement Information

I24 Sch. 1 para. 3 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

4 (1) Integrated works for the initial smelting of cast-iron and steel. S

(2) Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

Commencement Information

I25 Sch. 1 para. 4 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

5 S Installations for—

(a) the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos;

(b) asbestos-cement products with an annual production of more than 20,000 tonnes of finished products;

(c) friction material with an annual production of more than 50 tonnes of finished products; or

(d) other uses of asbestos having utilisation of more than 200 tonnes per year.

Commencement Information

I26 Sch. 1 para. 5 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

6 S Integrated chemical installations, that is to say, installations—

(a) for the manufacture on an industrial scale of substances using chemical conversion processes; and

(b) in which several units are juxtaposed and are functionally linked to one another and which are for the production of—

(i) basic organic chemicals;

(ii) basic inorganic chemicals;

(iii) phosphorus-based, nitrogen-based or potassium-based fertilisers (that is, simple or compound fertilisers);

(iv) basic plant health products and of biocides;

(v) basic pharmaceutical products using a chemical or biological process; or

(vi) explosives.

Commencement Information

I27 Sch. 1 para. 6 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

7 (1) Construction of— S

(a) lines for long-distance railway traffic; or

(b) airports with a basic runway length of 2100 metres or more.

(2) Construction of motorways and express roads.

(3) The—

(a) construction of a new road of four or more lanes; or

(b) realignment or widening (or both) of an existing road of two lanes or less so as to provide four or more lanes,

where such new road, or realigned or widened section of the road, would be 10 kilometres or more in a continuous length.

Commencement Information

I28 Sch. 1 para. 7 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

8 (1) Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 1,350 tonnes. S

(2) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

Commencement Information

I29 Sch. 1 para. 8 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

9 S Waste disposal installations for—

(a) the incineration;

(b) chemical treatment as defined in Annex IIA to Directive 75/442/EEC under heading D9; or

(c) landfill,

of hazardous waste (that is to say, waste to which Directive 91/689/EEC applies).

Commencement Information

I30 Sch. 1 para. 9 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

10 S Waste disposal installations for—

(a) the incineration; or

(b) chemical treatment as defined in Annex IIA to Directive 75/442/EEC under heading D9,

of non-hazardous waste with a capacity exceeding 100 tonnes per day.

Commencement Information

I31 Sch. 1 para. 10 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

11 S Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.

Commencement Information

I32 Sch. 1 para. 11 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

12 (1) Works for the transfer of water resources between river basins where this transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year. S

(2) Works for the transfer of water resources between river basins where the multi-annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5 per cent of this flow.

(3) In sub-paragraphs (1) and (2), transfers of piped drinking water are excluded.

Commencement Information

I33 Sch. 1 para. 12 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

13 S Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2.6 of Directive 91/271/EEC.

Commencement Information

I34 Sch. 1 para. 13 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

14 S Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.

Commencement Information

I35 Sch. 1 para. 14 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

15 S Dams and other installations designed for the holding back or permanent storage of water where a new or additional amount of water held back or stored exceeds 10 million cubic metres.

Commencement Information

I36 Sch. 1 para. 15 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

16 S Pipelines for the transport of gas, oil or chemicals with a diameter of more than 800 millimetres and a length of more than 40 kilometres.

Commencement Information

I37 Sch. 1 para. 16 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

17 S Installations for the intensive rearing of poultry or pigs with more than—

(a) 85,000 places for broilers, 60,000 places for hens;

(b) 3,000 places for production pigs (that is, pigs weighing over 30 kilograms); or

(c) 900 places for sows.

Commencement Information

I38 Sch. 1 para. 17 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

18 S Industrial plants for the—

(a) production of pulp from timber or similar fibrous materials; or

(b) production of paper and board with a production capacity exceeding 200 tonnes per day.

Commencement Information

I39 Sch. 1 para. 18 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

19 (1) Quarries and open-cast mining where the surface of the site exceeds 25 hectares. S

(2) Peat extraction where the surface of the site exceeds 150 hectares.

Commencement Information

I40 Sch. 1 para. 19 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

20 S Construction of overhead electrical power lines with a voltage of 220 kilovolts or more and a length of more than 15 kilometres.

Commencement Information

I41 Sch. 1 para. 20 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

21 S Installations for storage of petroleum, petrochemical, or chemical products with a capacity of 200,000 tonnes or more.

Commencement Information

I42 Sch. 1 para. 21 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

General S

22 S Any change to or extension of projects listed in this Part of this schedule where the change or extension in itself meets the thresholds (if any) set out in this Part of this schedule.

Commencement Information

I43 Sch. 1 para. 22 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Part 2 S

Agriculture, silviculture and aquaculture S

23 (1) Projects for the restructuring of rural land holdings. S

(2) Projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes.

(3) Water management projects for agriculture, including irrigation and land drainage projects.

(4) Initial afforestation and deforestation for the purposes of conversion to another type of land use.

(5) Intensive livestock installations.

(6) Intensive fish farming.

(7) Reclamation of land from the sea.

Commencement Information

I44 Sch. 1 para. 23 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Extractive industry S

24 (1) Quarries, open-cast mining and peat extraction. S

(2) Underground mining.

(3) Extraction of minerals by marine or fluvial dredging.

(4) Deep drillings, in particular—

(a) geothermal drilling;

(b) drilling for the storage of nuclear waste material;

(c) drilling for water supplies,

except drillings for investigating the stability of the soil.

(5) Surface industrial installations for the extraction of coal, petroleum, natural gas and ores (including bituminous shale).

Commencement Information

I45 Sch. 1 para. 24 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Energy industry S

25 (1) Industrial installations for the production of electricity, steam and hot water. S

(2) Industrial installations for—

(a) carrying gas, steam and hot water; or

(b) transmission of electrical energy by overhead cables.

(3) Surface storage of natural gas.

(4) Underground storage of combustible gases.

(5) Surface storage of fossil fuels.

(6) Industrial briquetting of coal and lignite.

(7) Installations for the processing and storage of radioactive waste.

(8) Installations for hydroelectric energy production.

(9) Installations for the harnessing of wind power for energy production (that is to say, wind farms).

Commencement Information

I46 Sch. 1 para. 25 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Production and processing of metals S

26 (1) Installations for the production of pig iron or steel (that is, primary or secondary fusion) including continuous casting. S

(2) Installations for the processing of ferrous metals, that is to say—

(a) hot-rolling mills;

(b) smitheries with hammers;

(c) application of protective fused metal coats.

(3) Ferrous metal foundries.

(4) Installations for the smelting of (including the alloyage of) non-ferrous metals except precious metals (including recovered products, for example, by refining or foundry casting).

(5) Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process.

(6) Manufacture and assembly of motor vehicles and manufacture of motor-vehicle engines.

(7) Shipyards.

(8) Installations for the construction and repair of aircraft.

(9) Manufacture of railway equipment.

(10) Swaging by explosives.

(11) Installations for the roasting and sintering of metallic ores.

Commencement Information

I47 Sch. 1 para. 26 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Mineral industry S

27 (1) Coke ovens (that is to say, dry coal distillation). S

(2) Installations for the manufacture of cement.

(3) Installations for the production of asbestos and the manufacture of asbestos products.

(4) Installations for the manufacture of glass including glass fibre.

(5) Installations for smelting mineral substances including the production of mineral fibres.

(6) Manufacture of ceramic products by burning, in particular—

(a) roofing tiles, bricks, refractory bricks and tiles; and

(b) stoneware or porcelain.

Commencement Information

I48 Sch. 1 para. 27 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Chemical industry S

28 (1) Treatment of intermediate chemical products. S

(2) Production of chemicals.

(3) Production of—

(a) pesticides;

(b) pharmaceutical products;

(c) paint and varnishes;

(d) elastomers; and

(e) peroxides.

(4) Storage facilities for petroleum, petrochemical and chemical products.

Commencement Information

I49 Sch. 1 para. 28 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Food industry S

29 (1) Manufacture of vegetable and animal oils and fats. S

(2) Packing and canning of animal and vegetable products.

(3) Manufacture of dairy products.

(4) Brewing and malting.

(5) Confectionery and syrup manufacture.

(6) Installations for the slaughter of animals.

(7) Industrial starch manufacturing installations.

(8) Fish-meal and fish-oil factories.

(9) Sugar factories.

Commencement Information

I50 Sch. 1 para. 29 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Textile, leather, wood and paper industries S

30 (1) Industrial plants for the production of paper and board. S

(2) Plants for the—

(a) pre-treatment (including operations such as washing, bleaching and mercerization); or

(b) dyeing,

of fibres or textiles.

(3) Plants for the tanning of hides and skins.

(4) Cellulose-processing and production installations.

Commencement Information

I51 Sch. 1 para. 30 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Rubber industry S

31 S Manufacture and treatment of elastomer-based products.

Commencement Information

I52 Sch. 1 para. 31 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Infrastructure projects S

32 (1) Industrial estate development projects. S

(2) Urban development projects, including the construction of shopping centres and car parks.

(3) Construction of railways and intermodal transshipment facilities, and of intermodal terminals.

(4) Construction of airfields.

(5) Construction of roads, harbours and port installations (including fishing harbours).

(6) Inland-waterway construction, canalization and flood-relief works.

(7) Dams and other installations designed to hold water or store it on a long-term basis.

(8) Tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport.

(9) Oil and gas pipeline installations.

(10) Installations of long-distance aqueducts.

(11) Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works.

(12) Groundwater abstraction and artificial groundwater recharge schemes.

(13) Works for the transfer of water resources between river basins.

(14) Motorway service areas.

Commencement Information

I53 Sch. 1 para. 32 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Tourism and leisure S

33 (1) Ski-runs, ski-lifts and cable-cars and associated developments. S

(2) Marinas.

(3) Holiday villages and hotel complexes outside urban areas and associated developments.

(4) Permanent camp sites and caravan sites.

(5) Theme parks.

(6) Golf courses and associated developments.

Commencement Information

I54 Sch. 1 para. 33 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Miscellaneous projects S

34 S Permanent racing and test tracks for motorized vehicles.

Commencement Information

I55 Sch. 1 para. 34 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

35 S Installations for the disposal of waste.

Commencement Information

I56 Sch. 1 para. 35 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

36 S Waste-water treatment plants.

Commencement Information

I57 Sch. 1 para. 36 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

37 S Sludge-deposition sites.

Commencement Information

I58 Sch. 1 para. 37 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

38 S Storage of scrap iron, including scrap vehicles.

Commencement Information

I59 Sch. 1 para. 38 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

39 S Test benches for engines, turbines or reactors.

Commencement Information

I60 Sch. 1 para. 39 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

40 S Installations for the manufacture of artificial mineral fibres.

Commencement Information

I61 Sch. 1 para. 40 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

41 S Installations for the recovery or destruction of explosive substances.

Commencement Information

I62 Sch. 1 para. 41 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

42 S Knackers' yards.

Commencement Information

I63 Sch. 1 para. 42 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

General S

43 (1) Any change to or extension of projects listed in Part 1 or this Part of this schedule which— S

(a) have already been authorised or executed; or

(b) are in the process of being executed,

and which may have significant adverse effects on the environment.

(2) Projects listed in Part 1 of this schedule which are undertaken exclusively or mainly for the development and testing of new methods or products and not used for more than two years.

Commencement Information

I64 Sch. 1 para. 43 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Interpretation S

44 (1) Expressions used in both this schedule and in Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as last amended by Council Directive 2003/35/EC) shall be construed in accordance with that Directive. S

(2) References in this Part of this schedule to a project are references to the project in so far as it is not included in Part 1 of this schedule.

Commencement Information

I65 Sch. 1 para. 44 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

SCHEDULE 2 S Criteria for determining the likely significance of effects on the environment

(introduced by section 7(2))

1 S The characteristics of plans and programmes, having regard, in particular to—

(a) the degree to which the plan or programme sets a framework for projects and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources;

(b) the degree to which the plan or programme influences other plans and programmes including those in a hierarchy;

(c) the relevance of the plan or programme for the integration of environmental considerations in particular with a view to promoting sustainable development;

(d) environmental problems relevant to the plan or programme; and

(e) the relevance of the plan or programme for the implementation of [F2 EU] legislation on the environment (for example, plans and programmes linked to waste management or water protection).

Textual Amendments

F2 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

Commencement Information

I66 Sch. 2 para. 1 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

2 S Characteristics of the effects and of the area likely to be affected, having regard, in particular, to—

(a) the probability, duration, frequency and reversibility of the effects;

(b) the cumulative nature of the effects;

(c) the transboundary nature of the effects;

(d) the risks to human health or the environment (for example, due to accidents);

(e) the magnitude and spatial extent of the effects (geographical area and size of the population likely to be affected);

(f) the value and vulnerability of the area likely to be affected due to—

(i) special natural characteristics or cultural heritage;

(ii) exceeded environmental quality standards or limit values; or

(iii) intensive land-use; and

(g) the effects on areas or landscapes which have a recognised national, Community or international protection status.

Commencement Information

I67 Sch. 2 para. 2 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

SCHEDULE 3 S Information for environmental reports

(introduced by section 14)

1 S An outline of the contents and main objectives of the plan or programme, and of its relationship (if any) with other qualifying plans and programmes.

Commencement Information

I68 Sch. 3 para. 1 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

2 S The relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan or programme.

Commencement Information

I69 Sch. 3 para. 2 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

3 S The environmental characteristics of areas likely to be significantly affected.

Commencement Information

I70 Sch. 3 para. 3 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

4 S Any existing environmental problems which are relevant to the plan or programme including, in particular, those relating to any areas of a particular environmental importance, such as areas designated pursuant to Council Directive 79/409/EEC on the conservation of wild birds and Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (as last amended by Council Directive 97/62/EC).

Commencement Information

I71 Sch. 3 para. 4 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

5 S The environmental protection objectives, established at international, Community or Member State level, which are relevant to the plan or programme and the way those objectives and any environmental considerations have been taken into account during its preparation.

Commencement Information

I72 Sch. 3 para. 5 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

6 S The likely significant effects on the environment, including—

(a) on issues such as—

(i) biodiversity;

(ii) population;

(iii) human health;

(iv) fauna;

(v) flora;

(vi) soil;

(vii) water;

(viii) air;

(ix) climatic factors;

(x) material assets;

(xi) cultural heritage, including architectural and archaeological heritage;

(xii) landscape; and

(xiii) the inter-relationship between the issues referred to in heads (i) to (xii);

(b) short, medium and long-term effects;

(c) permanent and temporary effects;

(d) positive and negative effects; and

(e) secondary, cumulative and synergistic effects.

Commencement Information

I73 Sch. 3 para. 6 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

7 S The measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan or programme.

Commencement Information

I74 Sch. 3 para. 7 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

8 S An outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was undertaken including any difficulties (such as technical deficiencies or lack of expertise) encountered in compiling the required information.

Commencement Information

I75 Sch. 3 para. 8 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

9 S A description of the measures envisaged concerning monitoring in accordance with section 19.

Commencement Information

I76 Sch. 3 para. 9 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

10 S A non-technical summary of the information provided under paragraphs 1 to 9.

Commencement Information

I77 Sch. 3 para. 10 in force at 20.2.2006 by S.S.I. 2006/19, art. 2