The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017

EIA Development S

6.—(1) Subject to paragraphs (3) and (4), the occurrence of an event mentioned in paragraph (2) will determine for the purpose of these Regulations that development is EIA development.

(2) The events referred to in paragraph (1) are—

(a) the adoption of a screening opinion by the Scottish Ministers to the effect that the development is EIA development; or

(b) if no screening opinion has been adopted by the Scottish Ministers, the submission by the developer in relation to that development of an EIA report.

(3) A screening opinion by the Scottish Ministers determines for the purpose of these Regulations whether the development is or is not EIA development (whether or not the developer has submitted an EIA report) and a later screening opinion supersedes the terms of an earlier screening opinion.

(4) The Scottish Ministers may direct that these Regulations do not apply in relation to a particular proposed development specified in the direction if the development comprises a project having the response to civil emergencies as its sole purpose and where in the opinion of the Scottish Ministers compliance with these Regulations would have an adverse effect on that purpose.

(5) Where a direction is given under paragraph (4) the Scottish Ministers must send a copy of the direction to the planning authority.

(6) The Scottish Ministers may [F1 in exceptional cases] direct that these Regulations do not apply in relation to a particular proposed development specified in the direction where in the opinion of the Scottish Ministers compliance with these Regulations would have an adverse effect on the purpose of the proposed development.

(7) Before making a direction under paragraph (6) the Scottish Ministers must consider whether another form of assessment would be appropriate and where a direction is given the Scottish Ministers must—

(a) send a copy of the direction to the planning authority;

(b) make available to the public concerned the information considered in making the direction and the reasons for making the direction; and

(c) take such steps as are considered appropriate to bring the information obtained under the other form of assessment to the attention of the public concerned.

Textual Amendments

F1 Words in reg. 6(6) substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 6(4) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)