38.—(1) Where, in relation to an EIA project there is, in addition to the requirement for an environmental impact assessment to be carried out in accordance with these Regulations, also a requirement to carry out a habitats regulation appraisal, the Scottish Ministers must, where appropriate, ensure that the habitats regulation appraisal and the environmental impact assessment are co-ordinated.
(2) In this regulation, a “habitats regulation appraisal” means an assessment under one, or more, of the following regulations—
(a)regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994;
(b)regulation 25 of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 M1;
(c)regulation 61 of the Conservation of Habitats and Species Regulations 2010 M2.
Marginal Citations
M1S.I. 2007/1842, regulation 25 is amended by S.I. 2010/490, S.I. 2010/1513, S.I. 2013/755 and S.I. 2016/912.
M2S.I. 2010/490, regulation 61 is amended by S.I. 2012/1927.