The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017

1. Introductory Text

2. PART 1 INTRODUCTORY

   1. 1. Citation, commencement, application and extent

   2. 2. Interpretation

   3. 3. Prohibition on granting consent without an environmental impact assessment

   4. 4. Environmental impact assessment

   5. 5. Environmental impact assessment report

3. PART 2 DETERMINING WHETHER EIA IS REQUIRED

   1. 6. EIA Development

   2. 7. General provisions relating to screening

   3. 8. Requests for a screening opinion

   4. 9. Screening opinions – time period for decision

4. PART 3 PROCEDURES CONCERNING APPLICATIONS FOR ELECTRICITY ACT CONSENT

   1. 10. Application without prior screening

   2. 11. EIA application made without an EIA report

5. PART 4 PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

   1. 12. Request for scoping opinions

   2. 13. Procedure to facilitate preparation of EIA reports

6. PART 5 PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

   1. 14. Publication of EIA report

   2. 14A. Temporary relaxation of requirement for publication of EIA report

   3. 15. Publicity of determinations and provision of information to the planning authority

   4. 15A. Temporary relaxation of requirement for planning authority to make documents available for public inspection

   5. 16. Procedure where Scottish Ministers receive an EIA report

   6. 17. Copies of EIA report for the Scottish Ministers

   7. 17A. Temporary relaxation of requirement for hard copies of EIA report for the Scottish Ministers

   8. 18. Copies of EIA report for the public

7. PART 6 ADDITIONAL INFORMATION

   1. 19. Additional information and evidence relating to EIA reports

   2. 20. Publication of additional information

   3. 20A. Temporary relaxation of requirement for publication of additional information

8. PART 7 NOTIFICATION OF DECISIONS

   1. 21. Decision notice

   2. 22. Monitoring measures

   3. 23. Notification of decision

   4. 23A. Temporary relaxation of requirement to make decision notice available for inspection

9. PART 8 APPLICATIONS FOR MULTI-STAGE CONSENT

   1. 24. Prohibition on granting an application for multi-stage consent without an environmental impact assessment

   2. 25. Application for multi-stage consent where EIA report previously provided

   3. 26. Application for multi-stage consent without EIA report

   4. 27. Modification of Regulations relating to application for multi-stage consent

10. PART 9 VARIATION APPLICATIONS

    1. 28. Application of Regulations to variation applications

11. PART 10 DEVELOPMENT WITH SIGNIFICANT TRANSBOUNDARY EFFECTS

    1. 29. Development in Scotland likely to have significant effects in an EEA State other than the United Kingdom

    2. 30. Projects in an EEA State likely to have significant transboundary effects

12. PART 11 MISCELLANEOUS

    1. 31. Electronic communications – general

    2. 32. Electronic communications – deemed agreement

    3. 33. Withdrawal of consent to use of electronic communications

    4. 34. Service of notices etc.

    5. 35. Access to review procedure before a court

    6. 36. Co-ordination of assessments

    7. 37. Competent authority – avoidance of conflict of interest

    8. 38. Offences

    9. 39. Offences by bodies corporate etc.

13. PART 12 Revocations and Transitional Provisions

    1. 40. Transitional provisions - general

    2. 41. Transitional provisions – requests for screening opinions

    3. 42. Amendment of the Electricity Generating Stations (Applications for Variation of Consent) (Scotland) Regulations 2013

    4. 43. Revocations

14. Signature

15. 1. SCHEDULE 1

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

       1. 1. Descriptions of development

       2. 2. Any change to or extension (including a change in the...

    2. SCHEDULE 2

       DESCRIPTION OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”

       1. 1.

       2. 2. Any change to or extension (including a change in the...

       3. 3. For the purpose of this schedule— “marine protected area” means...

    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 IMPACT ASSESSMENT REPORTS

       1. 1. A description of the development, including in particular:

       2. 2. A description of the reasonable alternatives (for example in terms...

       3. 3. A description of the relevant aspects of the current state...

       4. 4. A description of the factors specified in regulation 4(3) likely...

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

       6. 6. A description of the forecasting methods or evidence, used to...

       7. 7. A description of the measures envisaged to avoid, prevent, reduce...

       8. 8. A description of the expected significant adverse effects of the...

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

       10. 10. A reference list detailing the sources used for the descriptions...

16. Explanatory Note