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The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017
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- Scottish Statutory Instruments
- 2017 No. 113
- PART 3
- Regulation 17
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Procedure to facilitate preparation of EIA reportsS
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17.—(1) An applicant who intends to submit an EIA report to the [F1Scottish Ministers] in connection with an application for EIA consent under these Regulations may give notice of that intention, in writing, to [F1Scottish Ministers] under this paragraph.
(2) A notice under paragraph (1) must include the information necessary to identify the land and the nature and purpose of the forestry project, and must indicate the main environmental consequences to which the applicant proposes to refer in the EIA report.
(3) Where the [F2Scottish Ministers] receive notice under paragraph (1) from an applicant, they must—
(a)notify the consultation bodies in writing of the name and address of the applicant and of the duty imposed on those bodies by paragraph (4) to make information available to the applicant; and
(b)inform the applicant in writing of the names and addresses of the bodies so notified.
(4) Subject to paragraphs (5) and (6), F3... any body notified in accordance with paragraph (3) must, if requested by the applicant, enter into consultation with the applicant to determine whether F4... the body [F5has in its] possession any information which the applicant or F4... the body consider relevant to the preparation of the EIA report, and F4... the body must make any such information available to the applicant.
(5) Paragraph (4) does not require disclosure of information which the [F6Scottish Ministers] or any body notified in accordance with paragraph (3)—
(a)may refuse to disclose under regulation 10(1) of the Environmental Information (Scotland) Regulations 2004 M1; or
(b)are prevented from disclosing by regulation 11(2) of those Regulations.
(6) Paragraph (4) does not require disclosure of information which the [F7Scottish Ministers] or any body notified in accordance with paragraph (3)—
(a)may refuse to disclose under regulation 12(1) of the Environmental Information Regulations 2004 M2; or
(b)are prevented from disclosing by regulation 13(1) of those Regulations.
(7) A reasonable charge reflecting the cost of making the relevant information available may be made by the [F8Scottish Ministers] or any body notified in accordance with paragraph (3) when making information available in accordance with paragraph (4).
Textual Amendments
F1Words in reg. 17(1) substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(15)(a) (with reg. 13)
F2Words in reg. 17(3) substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(15)(a) (with reg. 13)
F3Words in reg. 17(4) omitted (18.3.2021) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(15)(b)(i) (with reg. 13)
F4Words in reg. 17(4) omitted (18.3.2021) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(15)(b)(ii) (with reg. 13)
F5Words in reg. 17(4) substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(15)(b)(iii) (with reg. 13)
F6Words in reg. 17(5) substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(15)(a) (with reg. 13)
F7Words in reg. 17(6) substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(15)(a) (with reg. 13)
F8Words in reg. 17(7) substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(15)(a) (with reg. 13)
Marginal Citations
M1S.S.I. 2004/520, as amended by S.S.I. 2013/127.
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