The Environmental Impact Assessment (Scotland) Regulations 1999

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Citation and commencement

3. PART II TOWN AND COUNTRY PLANNING

   1. CHAPTER 1 GENERAL

      1. 2. Interpretation

      2. 3. Prohibition on granting planning permission without consideration of environmental information

   2. CHAPTER 2 SCREENING

      1. 4. General provisions relating to screening

      2. 5. Requests for screening opinions of the planning authority

      3. 6. Requests for screening directions of the Scottish Ministers

   3. CHAPTER 3 PROCEDURES CONCERNING APPLICATIONS FOR PLANNING PERMISSION

      1. 7. Application made to a planning authority without an environmental statement

      2. 8. Application referred to the Scottish Ministers without an environmental statement

      3. 9. Appeal to the Scottish Ministers without an environmental statement

   4. CHAPTER 4 PREPARATION OF ENVIRONMENTAL STATEMENTS

      1. 10. Scoping opinions of the planning authority

      2. 11. Scoping directions of the Scottish Ministers

      3. 12. Procedure to facilitate preparation of environmental statements

   5. CHAPTER 5 PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL STATEMENTS

      1. 13. Publicity for environmental statement

      2. 14. Consultation where environmental statement received by planning authority

      3. 15. Copies of environmental statement for the Scottish Ministers

      4. 16. Consultation where environmental statement received by the Scottish Ministers

      5. 17. Copies of environmental statement for the public

      6. 18. Charges for copies of environmental statements

      7. 19. Further information and evidence relating to environmental statements

   6. CHAPTER 6 AVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS

      1. 20. Availability of opinions, directions etc. for inspection

      2. 21. Duties to inform the public and the Scottish Ministers of final decisions

   7. CHAPTER 7 DEVELOPMENT BY PLANNING AUTHORITIES

      1. 22. Development by planning authority – preliminary

      2. 23. Provision of information to planning authority

      3. 24. Publicity for environmental statement prepared by planning authority

      4. 25. Granting of planning permission to planning authority

      5. 26. Intimation of decision

   8. CHAPTER 8 SPECIAL CASES

      1. 27. Restriction of grant of permission by old simplified planning zone schemes or enterprise zone orders

      2. 28. Restriction of grant of permission by new simplified planning zone schemes or enterprise zone orders

   9. CHAPTER 9 UNAUTHORISED DEVELOPMENT

      1. 29. Prohibition on the grant of planning permission for unauthorised EIA development

      2. 30. Screening opinions of the planning authority

      3. 31. Screening directions of the Scottish Ministers

      4. 32. Provision of information

      5. 33. Appeal to the Scottish Ministers without a screening opinion or screening direction

      6. 34. Appeal to the Scottish Ministers without an environmental statement

      7. 35. Procedure where an environmental statement is submitted to the Scottish Ministers

      8. 36. Further information and evidence respecting environmental statements

      9. 37. Publicity for environmental statements or further information

      10. 38. Public inspection of documents

      11. 39. Unauthorised development with significant transboundary effects

   10. CHAPTER 10 DEVELOPMENT WITH SIGNIFICANT TRANSBOUNDARY EFFECTS

       1. 40. Development in Scotland likely to have significant effects in another EEA State

       2. 41. Projects in another EEA State likely to have significant transboundary effects

   11. CHAPTER 11 MISCELLANEOUS

       1. 42. Service of notices etc.

       2. 43. Application to the Court of Session

       3. 44. Hazardous waste and material change of use

       4. 45. Extension of the period for an authority’s decision on a planning application

       5. 46. Extension of the power to provide in a development order for the giving of directions as respects the manner in which planning applications are dealt with

       6. 47. Miscellaneous and consequential amendments

4. PART III ROADS

   1. 48. General

   2. 49. Sections 20A and 20B

   3. 50. Sections 55A and 55B

   4. 51. Section 151

   5. 52. Schedule 1

   6. 53. Application

5. PART IV DRAINAGE WORKS

   1. 54. Application

   2. 55. Interpretation

   3. 56. Request for the opinion of the Scottish Ministers on the information to be supplied under this Part

   4. 57. Prohibition on making an improvement order without consideration of environmental information

   5. 58. Provision of information

   6. 59. Submission and publication of environmental statement

   7. 60. Further information respecting environmental statement

   8. 61. Confidentiality

   9. 62. Charges

6. PART V GENERAL

   1. 63. Amendment of private legislation general orders

   2. 64. Revocation of statutory instruments and transitional provisions

7. Signature

8. 1. SCHEDULE 1

      DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”

      1. Interpretation

      2. Descriptions of development

   2. SCHEDULE 2

      DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”

      1. 1. In the table below– “area of the works” includes any...

      2. 2. The table below sets out the descriptions of development and...

   3. SCHEDULE 3

      SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT

      1. 1. Characteristics of development

      2. 2. Location of development

      3. 3. Characteristics of the potential impact

   4. SCHEDULE 4

      INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS

      1. PART I

         1. 1. Description of the development, including in particular–

         2. 2. An outline of the main alternatives studied by the applicant...

         3. 3. A description of the aspects of the environment likely to...

         4. 4. A description of the likely significant effects of the development...

         5. 5. A description of the measures envisaged to prevent, reduce and...

         6. 6. A non-technical summary of the information provided under paragraphs 1...

         7. 7. An indication of any difficulties (technical deficiencies or lack of...

      2. PART II

         1. 1. A description of the development comprising information on the site,...

         2. 2. A description of the measures envisaged in order to avoid,...

         3. 3. The data required to identify and assess the main effects...

         4. 4. An outline of the main alternatives studied by the applicant...

         5. 5. A non-technical summary of the information provided under paragraphs 1...

   5. SCHEDULE 5

      THE ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 1999

      1. NOTICE UNDER REGULATION 13

   6. SCHEDULE 6

      THE ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 1999

      1. NOTICE UNDER REGULATION 13 AS APPLIED BY REGULATION 19(2)

   7. SCHEDULE 7

      REVOCATIONS

9. Explanatory Note