The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017

Application for EIA consent S

6.—(1) An application for EIA consent under regulation 7 must be made in writing to the [F1 Scottish Ministers].

(2) An EIA application must be accompanied by an environmental impact assessment report (in these Regulations referred to as “EIA report”).

(3) An EIA report is a report prepared in accordance with this regulation by the applicant which assesses the environmental impact of the EIA forestry project and which includes (at least)—

(a) a description of the EIA forestry project comprising information on the site, design, size and other relevant features of the project;

(b) a description of the likely significant effects of the EIA forestry project on the environment;

(c) a description of the features of the EIA forestry project and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;

(d) a description of the reasonable alternatives studied by the applicant, which are relevant to the EIA forestry project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the EIA forestry project on the environment;

(e) a non-technical summary of the information referred to in sub-paragraphs (a) to (d); and

(f) any other information specified in schedule 3 relevant to the specific characteristics of the EIA forestry project or of the type of EIA forestry project in question and to the environmental features likely to be affected.

(4) Where a scoping opinion is adopted F2 ..., the EIA report must be based on that scoping opinion F3 ... and must include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects of the EIA forestry project on the environment, taking into account current knowledge and methods of assessment.

(5) With a view to avoiding duplication of assessments, account is to be taken of the available results of other relevant assessments in preparing the EIA report.

(6) In order to ensure the completeness and quality of the EIA report—

(a) the applicant must ensure that the EIA report is prepared by competent experts; and

(b) the EIA report must be accompanied by a statement from the applicant outlining the relevant expertise or qualifications of those experts.

(7) An applicant must supply to the [F4 Scottish Ministers] such number of copies of the application, the EIA report and any other documents accompanying the application, as the [F4 Scottish Ministers] may reasonably require.

Textual Amendments

F1 Words in reg. 6(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(5)(a) (with reg. 13)

F2 Words in reg. 6(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(5)(b)(i) (with reg. 13)

F3 Words in reg. 6(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(5)(b)(ii) (with reg. 13)

F4 Words in reg. 6(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(5)(c) (with reg. 13)