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

General provisions relating to screeningS

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11.—(1) When making a determination as to whether a forestry project is an EIA forestry project, F1... 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) F2..., 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 [F3Scottish 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 [F4Scottish Ministers adopt a screening opinion]—

(a)that screening opinion F5... 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 F6... 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 [F7Scottish 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.

F8(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In paragraph (2), the reference to circumstances which are, in the opinion of F11... the Scottish Ministers, exceptional circumstances must be construed in accordance with paragraph 6 of schedule 1.

Textual Amendments