- Latest available (Revised)
- Point in Time (01/02/2007)
- Original (As made)
Point in time view as at 01/02/2007.
There are currently no known outstanding effects for the The Environmental Impact Assessment (Scotland) Amendment Regulations 2006, PART V.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
10. The Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999(1) are amended in accordance with this Part.
11.—(1) In regulation 2(1) (interpretation)–
(a)in the definition of “countryside body”, after “1995” insert “and any other body designated by statutory provision as having specific environmental responsibilities”; and
(b)at the end of the definition of “the Directive” add “and Council Directive 2003/35/EC(2)”.
(2) In regulation 4 (restriction on relevant projects) after paragraph (4) insert–
“(5) Where a direction is made under paragraph (2), the Commissioners shall–
(a)consider whether another form of assessment would be appropriate; and
(b)where they do, take such steps as they consider appropriate to bring the information obtained under it to the attention of the public concerned.”.
(3) In regulation 12 (assistance in preparation of environmental statements) for paragraph (2) substitute–
“(2) In relation to a person to which the Environmental Information (Scotland) Regulations 2004(3) apply, paragraph (1) shall not require disclosure of information which the person–
(a)may refuse to disclose under regulation 10(1) of those Regulations; or
(b)is prevented from disclosing by regulation 11(1) of those Regulations.
(2A) In relation to a person to which the Environmental Information Regulations 2004(4) apply, paragraph (1) shall not require disclosure of information which the person–
(a)may refuse to disclose under regulation 12(1) of those Regulations; or
(b)is prevented from disclosing by regulation 13 (1) of those Regulations.”.
(4) In regulation 13 (publicity)–
(a)in paragraph (1) for “under regulation 11 shall publish” substitute “in relation to that application, whether under regulation 11 or otherwise, shall publish”;
(b)in paragraph (1)(a) for “the information provided under regulation 11” substitute “the further information”;
(c)after paragraph (2)(a) insert–
“(aa)state, in relation to an application , that the Commissioners may decide either–
(i)to grant consent either subject only to the conditions required by regulation 18 or also subject to such further conditions as they see fit: or
(ii)to refuse consent.”; and
(d)in paragraph (3) omit “under regulation 11”.
(5) In regulation 14 (information for another EEA State)–
(a)in paragraph (5)(a) after “of this regulation” insert “and any further information provided by the applicant in relation to the application for consent”; and
(b)at the end of paragraph (5)(b) add “under sub-paragraph (a).”.
(6) In regulation 19 (application to the court by person aggrieved), after paragraph (1) insert–
“(1A) Any non-governmental organisation promoting environmental protection and meeting any requirements under the law shall be deemed to have an interest for the purposes of Article 10a(a) of the Directive and rights capable of being impaired for the purposes of Article 10a(b) of the Directive.”.
(7) In regulation 24 (registers of opinions, directions, determinations etc. for public inspection), in paragraph 1(c) after “regulation 7(7)” insert “or (8)(a)”.
(8) In paragraph 1 of Schedule 2 (definition of “sensitive area”)–
(a)for paragraphs (a) and (b) substitute–
“(a)land notified under section 3(1) or 5(1) (sites of special scientific interest) of the Nature Conservation (Scotland) Act 2004(5);
(b)land in respect of which an order has been made under section 23 (nature conservation orders) of the Nature Conservation (Scotland) Act 2004.”;
(b)in paragraph (e) omit “as a Natural Heritage Area by a direction made by the Secretary of State or the Scottish Ministers under section 6(2) of the Natural Heritage (Scotland) Act 1991 or”; and
(c)after paragraph (f) insert–
“(g)an area designated as a National Park by a designation order made by the Scottish Ministers under section 6(1) of the National Parks (Scotland) Act 2000(6);”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: