The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007

Scoping opinion

6.—(1) Before submitting an application in relation to works for which an environmental impact assessment is or may be required, the applicant may make a request in writing to ask the Scottish Ministers for an opinion as to the information to be provided in the environmental statement (a “scoping opinion”).

(2) A request under paragraph (1) shall be accompanied by–

(a) a plan sufficient to identify the land affected by the works in question;

(b) a brief description of the nature and purpose of the proposed works; and

(c) a brief description of the possible effects on the environment of the works,

and may include such other information as the applicant wishes to provide.

(3) On receiving a request under paragraph (1), if the Scottish Ministers consider that the applicant has not provided sufficient information to enable them to give a scoping opinion, they shall not later than 28 days after receiving the request notify the applicant in writing of the additional information that they consider necessary to enable them to give that opinion.

(4) The Scottish Ministers shall not give a scoping opinion in response to a request under paragraph (1) until they have consulted the applicant and the following bodies–

(a) every local authority in whose area the works would be carried out were the order for which the applicant proposes to apply to be made;

(b) every National Park authority for a National Park in which the works would be carried out were the order for which the applicant proposes to apply to be made;

(c) the Scottish Environment Protection Agency;

(d) Scottish Natural Heritage; and

(e) any other body promoting environmental protection which is a charity registered under the Charities and Trustee Investments (Scotland) Act 2005 which the Scottish Ministers consider is likely to have an interest in the application.

(5) In forming a scoping opinion the Scottish Ministers shall take into account–

(a) the specific characteristics of the works in question;

(b) the specific characteristics of works of the type concerned; and

(c) the environmental features likely to be affected by the works.

(6) Subject to paragraph (7), the Scottish Ministers shall notify the applicant who made the request under paragraph (1) of the Scottish Ministers' scoping opinion, in writing, not later than 42 days after receipt of that request or, where the Scottish Ministers have given a notification under paragraph (3), 42 days after receipt of the additional information mentioned in that notification.

(7) Where an applicant makes a request for a scoping opinion under paragraph (1) at the same time as the making of a request for a screening decision pursuant to rule 5(3) in relation to the same proposed works, or after the applicant has made a request for such a screening decision but before the Scottish Ministers have notified the applicant of the screening decision in relation to the works, the Scottish Ministers shall notify the applicant, in writing, of the Scottish Ministers' scoping opinion not later than 42 days after the date on which the Scottish Ministers notify the applicant of the Scottish Ministers' screening decision.

(8) Where the Scottish Ministers have given a scoping opinion to an applicant they shall not be precluded from requiring that applicant to provide further information in connection with any applicant’s statement of environmental information that may be submitted by that applicant in connection with an application relating to the same, or substantially the same, works as were referred to in that scoping opinion.

(9) Following a scoping opinion the Scottish Ministers shall publish that scoping opinion in the Edinburgh Gazette and in such newspaper as they consider appropriate.