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

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PART 2SDETERMINING WHETHER EIA IS REQUIRED

EIA forestry projectS

8.—(1) Subject to regulation 9 F1..., the occurrence of an event mentioned in paragraph (2) will determine for the purposes of these Regulations that a forestry project is an EIA forestry project.

(2) The events are—

(a)the adoption by the [F2Scottish Ministers] of a screening opinion to the effect that the forestry project is an EIA forestry project;

(b)the giving of a statement of reasons by the [F3Scottish Ministers] under paragraph 3(5) of schedule 4; [F4or]

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)if none of the events in sub-paragraph [F6(a) or (b)] has occurred, the submission by the applicant, in relation to the forestry project, of a report referred to by the applicant as an EIA report.

Textual Amendments

ExemptionsS

9.—(1) The [F7Scottish Ministers] may F8... direct that these Regulations do not apply in relation to a forestry project specified in the direction where, in the opinion of the [F7Scottish Ministers], compliance with these Regulations would have an adverse effect on the purpose of the forestry project.

(2) Where such a direction is given under paragraph (1), the [F7Scottish Ministers] must—

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

(b)consider whether another form of assessment would be appropriate; and

(c)if in the opinion of the [F7Scottish Ministers] another form of assessment would be appropriate, 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.

(3) The [F7Scottish Ministers] may direct that these Regulations do not apply in relation to a forestry project specified in the direction if the forestry project comprises a project having the response to civil emergencies as its sole purpose and where, in the opinion of the [F7Scottish Ministers], compliance with these Regulations would have an adverse effect on that purpose.

(4) The [F7Scottish Ministers] may F9... direct that the provisions relating to public consultation in regulation 18 do not apply in cases where a forestry project specified in the direction is adopted pursuant to an enactment (including an Act of the Scottish Parliament or any instrument made under such an Act) provided that the objectives of the Directive are met.

Textual Amendments

EIA forestry project thresholdsS

10.  Subject to regulation 11(2), a forestry project is to be taken as not likely to have significant effects on the environment if the area covered, or to be covered, by the project does not exceed any relevant threshold in schedule 1.

General provisions relating to screeningS

11.—(1) When making a determination as to whether a forestry project is an EIA forestry project, F10... the Scottish Ministers must—

(a)in all cases take into account—

(i)such of the selection criteria set out in schedule 2 as are relevant to the forestry project proposed; and

(ii)the available results of any relevant assessment of the effects of the forestry project proposed; and

(b)where information is provided to them by virtue of regulation 12(2) or (3) F11..., base their determination on that information.

(2) In a case where the forestry project proposed does not exceed any relevant threshold set out in schedule 1, the [F12Scottish Ministers must adopt their opinion], in accordance with regulation 10 unless there are exceptional circumstances which, taking account of the selection criteria in schedule 2, make it likely that the forestry project will have significant effects on the environment.

(3) Where the [F13Scottish Ministers adopt a screening opinion]—

(a)that screening opinion F14... must be accompanied by a written statement giving, with reference to such criteria set out in schedule 2 which are relevant to the forestry project proposed, the main reasons for their conclusion as to whether the forestry project proposed is, or is not, an EIA forestry project; and

(b)where the screening opinion F15... is to the effect that the forestry project proposed is not an EIA forestry project, the statement referred to in sub-paragraph (a) must state any features of the forestry project or proposed measures envisaged to avoid or prevent significant adverse effects on the environment.

(4) As soon as possible after adopting a screening opinion, the [F16Scottish Ministers] must send a copy of the screening opinion and a copy of the written statement referred to in paragraph (3)(a) to the applicant.

F17(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In paragraph (2), the reference to circumstances which are, in the opinion of F20... the Scottish Ministers, exceptional circumstances must be construed in accordance with paragraph 6 of schedule 1.

Textual Amendments

[F21Requests for screening opinions]S

12.—(1) An applicant may, in writing, request the [F22Scottish Ministers] to adopt a screening opinion.

(2) A request for a screening opinion under paragraph (1) must be accompanied by—

(a)a plan sufficient to identify the land;

(b)a description of the forestry project proposed, including in particular—

(i)a description of the physical characteristics of the forestry project and, where relevant, of demolition works;

(ii)a description of the location of the forestry project, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(c)a description of the aspects of the environment likely to be significantly affected by the forestry project proposed; and

(d)a description of any likely significant effects, to the extent of the information available on such effects, of the forestry project proposed on the environment resulting from—

(i)the expected residues and emissions and the production of waste, where relevant;

(ii)the use of natural resources, in particular soil, land, water and biodiversity.

(3) A request for a screening opinion may, in addition to the information required in accordance with paragraph (2), also be accompanied by a description of any features of the forestry project, or proposed measures, envisaged to avoid or prevent significant adverse effects on the environment.

(4) The information referred to in paragraph (2) is to be compiled taking into account, were relevant—

(a)the selection criteria set out in schedule 2; and

(b)the available results of any relevant assessment.

Textual Amendments

Screening opinions – time period for decisionS

13.—(1) Where the [F23Scottish Ministers] receive a request for a screening opinion under regulation 12(1), they must F24... adopt a screening opinion on or before—

(a)the expiry of the period of 28 days beginning with the date of receipt of the request;

(b)the expiry of such longer period, not exceeding the period of 90 days beginning with the date of receipt of the request, as may be agreed in writing between the [F23Scottish Ministers] and the applicant; or

(c)where notice is given under paragraph (2), the date specified in the notice as the date by which the [F23Scottish Ministers] are to adopt a screening opinion.

(2) Where the [F25Scottish Ministers] consider that due to exceptional circumstances relating to the nature, complexity, location or size of the forestry project proposed that it is not practicable for them to adopt a screening opinion within the period of 90 days beginning with the date of receipt of the request, the [F25Scottish Ministers] may extend that period by notice in writing given to the applicant.

(3) Notice under paragraph (2) must state the [F26Scottish Ministers’] justification for the extension and specify the date by which [F27they] are to adopt a screening opinion pursuant to the request.

(4) The [F28Scottish Ministers] must, if they consider that they have not been provided with sufficient information to adopt a screening opinion, notify the applicant in writing of the points on which they require further information.

F29(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) For the purposes of paragraphs (1) and (2), the date on which a request for a screening opinion under regulation 12(1) is to be taken to have been received is the date on which the last of the items or information required to be contained in or accompany a request for a screening opinion in accordance with regulation 12(2) is received by the [F30Scottish Ministers].

Textual Amendments

Requests for screening directions by the Scottish MinistersS

F3114.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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