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4.—(1) Subject to paragraphs (5) and (6), the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011(1) are amended in accordance with paragraphs (2) to (4).
(2) In regulation 2 (interpretation) in the definition of “the consultation bodies” for paragraph (e) substitute—
“(e)Historic Environment Scotland;”.
(3) For regulation 19(1)(b) (consultation where environmental statement received by planning authority) substitute—
“(b)send to the Scottish Ministers a copy of the statement;”.
(4) In regulation 35(2)(a) (marine fish farming) after “situated” insert—
“; and
(h)the Scottish Ministers.”.
(5) Historic Environment Scotland are not to be treated as a consultation body for the purposes of—
(a)paragraph (3)(a)(ii) of regulation 14 (scoping opinions of the planning authority) of the 2011 Regulations in respect of request a under that regulation where the planning authority have consulted the Scottish Ministers in relation to that request before 1st October 2015;
(b)paragraph (1)(c) of regulation 19 (consultation where environmental statement received by planning authority) of the 2011 Regulations in respect of an EIA application where the planning authority have sent a copy of the environmental statement received in connection with that EIA application to the Scottish Ministers before 1st October 2015.
(6) Where the Scottish Ministers have been notified under paragraph (3)(a) of regulation 16 (procedure to facilitate preparation of environmental statements) of the 2011 Regulations before 1st October 2015 such notification is to be treated as notification to Historic Environment Scotland for the purposes of that paragraph and paragraph (4) of that regulation.
(7) In this regulation—
“the 2011 Regulations” means the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011; and
“environmental statement” and “EIA application” have the meaning given in regulation 2(1) of the 2011 Regulations.
S.S.I. 2011/139 to which there are amendments which are not relevant to these Regulations.
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