(1)If the Scottish Ministers have under consideration the construction of a new road for which they are the roads authority they shall before details of the project are published, determine whether or not it falls within Annex I or II.
(2)If the Scottish Ministers determine that the project–
(a)falls within Annex I, or
(b)is a relevant project falling within Annex II and that having regard to the selection criteria contained in Annex III it should be made subject to an environmental impact assessment in accordance with the Directive,
they shall, not later than the date when details of the project are published, publish an environmental statement.
(3)The Scottish Ministers shall publish any determination made by them in accordance with subsection (2) above.
(4)Any project for the construction of a special road which falls within Annex II shall be treated as having characteristics that require it to be made subject to an environmental impact assessment.
(5)The Scottish Ministers shall publish any environmental statement so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express an opinion before they decide whether to proceed with the project, and they shall not make any such decision without taking into consideration any opinion so expressed to them within a period of 3 weeks from the date of publication of the environmental statement.
(6)The Scottish Ministers shall ensure that the consultation bodies are given an opportunity to express an opinion on the published details of the project and the environmental statement before they decide whether to proceed with the project.
(7)Subject to subsection (8) below, to the extent to which the Scottish Ministers consider that–
(a)it is relevant to the specific characteristics of the project and of the environmental features likely to be affected by it, and
(b)having regard in particular to current knowledge and methods of assessment, the information may reasonably be gathered,
the environmental statement published in accordance with subsection (2) above shall contain the information referred to in Annex IV.
(8)The environmental statement published in accordance with subsection (2) above shall contain at least the following information–
(a)a description of the project comprising information on the site, design and size of the project;
(b)a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;
(c)the data required to identify and assess the main effects which the project is likely to have on the environment;
(d)an outline of the main alternatives studied by the Scottish Ministers and an indication of the main reason for their choice (taking into account the environmental effects); and
(e)a non-technical summary of the information mentioned in paragraphs (a) to (d).
(9)In this section and section 20B of this Act–
“the Directive” means Council Directive No. 85/337/EEC on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive No. 97/11/EC;
“Annex” means an Annex to the Directive;
“relevant project” means a project for the construction of a new road where the completed works (together with any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other such facilities or stores required during the period of construction)–
(a)exceed 1 hectare in area; or
(b)are situated in whole or in part in a sensitive area;
“sensitive area” shall have the meaning ascribed to that expression in regulation 2(1) of the Environmental Impact Assessment (Scotland) Regulations 1999.]
Textual Amendments
F1Ss. 20A and 20B substituted for s. 20A (1.8.1999) by S.S.I. 1999/1, reg. 49