The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000 (S.I. 2000/320) (“the principal Regulations”), which extend to Scotland only.

The principal Regulations implement Council Directive 85/337/EEC(1) on the assessment of the effects of certain public and private projects on the environment (as amended by Council Directive 97/11/EC(2)) in relation to applications under sections 36 or 37 of the Electricity Act 1989 (c. 29) in Scotland for consent to construct, extend or operate a generating station or for consent to install or keep installed an electric line above ground.

These Regulations implement, as regards the principal Regulations, the amendments to Council Directive 85/337/EEC made by Article 3 of Directive 2003/35/EC(3) of the European Parliament and of the Council. Article 3 of that Directive provides for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amends with regard to public participation and access to justice Council Directive 85/337/EEC.

Regulation 2 amends regulation 2 of the principal Regulations by inserting a definition for “additional information”. It also amends the definitions of “the consultative bodies”, “EEA State”, “environmental information”, “environmental statement” and “scoping opinion”.

Regulation 3 amends regulation 4 of the principal Regulations by adding to the list of procedures that must be followed before the Scottish Ministers may grant a section 36 consent or a section 37 consent.

Regulations 4, 5 and 6 make minor drafting changes to regulations 6, 7 and 8 respectively of the principal Regulations.

Regulation 7 amends regulation 9 of the principal Regulations. The amendments increase the information to be contained in the notice to be published where an environmental statement is submitted to the Scottish Ministers. The amendments also impose new requirements as to the timing of the publication of the notice and for publication of the notice in the Edinburgh Gazette.

Regulation 8 amends regulation 10 of the principal Regulations. The amendments widen the range of documents to be placed on the planning register following receipt by the planning authority. The amendments also increase the information to be included in the statement of the Scottish Ministers' determination of the application and impose a new requirement for the applicant to publish notice of the determination in the Edinburgh Gazette and in one or more local papers.

Regulation 9 amends regulation 11 of the principal Regulations. The amendments require the applicant to serve a copy of the environmental statement on the planning authority and to inform the Scottish Ministers when this has been done.

Regulation 10 amends regulation 12 of the principal Regulations. It amends the list of documents that the Scottish Ministers must send to any EEA State likely to be significantly affected by the proposed development.

Regulation 11 amends regulation 14 of the principal Regulations. The amendments impose a new requirement for the notice of further information to be published in the Edinburgh Gazette and require the applicant to serve a copy of the further information together with a copy of the notice of further information on the principal planning authority.

Regulation 12 inserts a new regulation 14A into the principal Regulations. The new regulation sets out the procedure which the Scottish Ministers must follow following receipt of “additional information” and the notice that the applicant must publish relating to “additional information”.

Regulation 13 amends Schedules 1 and 2 to the principal Regulations. The amendments concern the descriptions of development in respect of which an environmental statement is required.

A Regulatory Impact Assessment and Transposition Note has been prepared in connection with these Regulations and placed in the Scottish Parliament Information Centre. Copies can also be obtained from the Scottish Government Enterprise Energy and Tourism Directorate, Meridian Court, Cadogan Street, Glasgow G2 6AT.

(1)

O.J. No. L 175, 5.7.1985, p.40.

(2)

O.J. No. L 73, 14.3.1997, p.5.

(3)

O.J. No. L 156, 25.6.2003, p.17.