Environmental impact assessmentS
4.—(1) An environmental impact assessment is a process consisting of—
(a)the preparation of an EIA report by the developer;
(b)the carrying out of consultation, publication and notification as required by Parts 5 and 6 and, where relevant, Part 10;
(c)the examination by the Scottish ministers of the information presented in the EIA report and any other environmental information;
(d)the reasoned conclusion by the Scottish Ministers on the significant effects of the development on the environment, taking into account the results of the examination referred to in sub-paragraph (c) and, where appropriate, their own supplementary examination; and
(e)the integration of the Scottish Ministers' reasoned conclusion into the decision notice in accordance with regulation 21.
(2) The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of the circumstances relating to the proposed development, the direct and indirect significant effects of the proposed development (including, where the proposed development will have operational effects, such operational effects) on the factors specified in paragraph (3) and the interaction between those factors.
(3) The factors are—
(a)population and human health;
(b)biodiversity, and in particular species and habitats protected under [F1any law that implemented] Council Directive 92/43/EEC on the conservation of natural habits and [F2of wild fauna and flora] M1 and Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds M2;
(c)land, soil, water, air and climate; and
(d)material assets, cultural heritage and the landscape.
(4) The effects to be identified, described and assessed under paragraph (2) include the expected effects deriving from the vulnerability of the development to risks, so far as relevant to the development, of major accidents and disasters.
(5) Unless paragraph (6) applies, the environmental impact assessment to be carried out in relation to the determination of an application for Electricity Act consent for EIA development must identify the likely significant effects of the proposed development on the environment before a decision to grant [F3Electricity Act] consent for that development is made.
(6) This paragraph applies where the Scottish Ministers—
(a)consider that the likely significant effects of the development on the environment are not fully identifiable at the time of their determination of the application for Electricity Act consent; and
(b)are minded to grant Electricity Act consent for EIA development, or to direct that planning permission for EIA development is deemed to be granted, subject to a condition [F4that] all or part of the proposed development must not commence before certain matters in implementation of that consent, or planning permission, have been approved by the Scottish Ministers, or the planning authority, as the case may be.
(7) The Scottish Ministers must ensure that they have, or have access as necessary to, sufficient expertise to examine the EIA report.
Textual Amendments
F1Words in reg. 4(3)(b) inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 6(3) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 4(3)(b) substituted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 2(2)(a)
F3Words in reg. 4(5) inserted (22.2.2020) by The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/427), regs. 1, 2(3)
F4Word in reg. 4(6)(b) substituted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 2(2)(b)
Marginal Citations
M1OJ L 206, 22.7.1992, p.7.
M2OJ L 20, 26.1.2010, p.7.