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

PART 3 S PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

[F1 Requests for scoping opinions] S

15.—(1) An applicant may request the [F2 Scottish Ministers] to adopt a scoping opinion.

(2) A request under paragraph (1) must include—

(a) [F3 a description of the location of the forestry project, including] a plan sufficient to identify the land;

(b) a brief description of the nature and purpose of the forestry project and its likely effects on the environment; and

(c) such other information or representations as the applicant making the request may wish to provide or make.

(3) If the [F2 Scottish Ministers] consider that they have not been provided with sufficient information to adopt a scoping opinion, they must, within the period of 28 days beginning with the date of receipt of the request under paragraph (1), notify the applicant of the points on which they require further information.

(4) The [F2 Scottish Ministers] must not adopt a scoping opinion in response to a request under paragraph (1) until they have consulted—

(a) the applicant; and

(b) the consultation bodies.

(5) Before adopting a scoping opinion, the [F2 Scottish Ministers] must take into account—

(a) the specific characteristics of the particular forestry project [F4 , including its location and technical capacity];

(b) the specific characteristics of forestry projects of the type concerned; and

(c) the environmental features likely to be affected by the forestry project.

(6) Subject to paragraph (7), the [F2 Scottish Ministers] must within the period of 35 days beginning with the date of receipt of a request under paragraph (1) or such longer period as may be agreed in writing with the applicant, adopt a scoping opinion and send a copy to the applicant.

(7) Where—

(a) an applicant has, at the same time as making a request for a screening opinion under regulation 12(1), made a request for an opinion under paragraph (1); and

(b) the [F2 Scottish Ministers] have adopted a screening opinion to the effect that the forestry project is an EIA forestry project,

the [F2 Scottish Ministers] must within the period of 35 days beginning with the date on which that screening opinion was adopted or such longer period as may be agreed in writing with the applicant, adopt a scoping opinion and send a copy to the applicant.

F5 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Where a request has been made to the [F2 Scottish Ministers] under regulation 12(1) to adopt a screening opinion but no request has been made under paragraph (1), the [F2 Scottish Ministers] may of their own volition adopt a scoping opinion and paragraphs (3) to (6) and (11) apply in relation to such a scoping opinion as if a request had been made under paragraph (1) on the date on which the [F2 Scottish Ministers] adopt the screening opinion.

(11) Where the [F2 Scottish Ministers] have adopted a scoping opinion, in response to a request under paragraph (1), [F6 they are not] precluded from requiring the applicant to submit additional information in connection with any EIA report that may be submitted by the applicant pursuant to an EIA application relating to the same forestry project.

(12) A later scoping opinion supersedes the terms of an earlier scoping opinion.

Textual Amendments

F1 Reg. 15 heading 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(13)(a) (with regs. 13, 16)

F2 Words in reg. 15 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(13)(b) (with regs. 13, 16)

F3 Words in reg. 15(2)(a) inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 4(3)(a)

F4 Words in reg. 15(5)(a) inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 4(3)(b)

F5 Reg. 15(8)(9) 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(13)(c) (with regs. 13, 16)

F6 Words in reg. 15(11) 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(13)(d) (with regs. 13, 16)

Requests for scoping directions by the Scottish Ministers S

F7 16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 16 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(14) (with regs. 13, 17)

Procedure to facilitate preparation of EIA reports S

17.—(1) An applicant who intends to submit an EIA report to the [F8 Scottish Ministers] in connection with an application for EIA consent under these Regulations may give notice of that intention, in writing, to [F8 Scottish Ministers] under this paragraph.

(2) A notice under paragraph (1) must include the information necessary to identify the land and the nature and purpose of the forestry project, and must indicate the main environmental consequences to which the applicant proposes to refer in the EIA report.

(3) Where the [F9 Scottish Ministers] receive notice under paragraph (1) from an applicant, they must—

(a) notify the consultation bodies in writing of the name and address of the applicant and of the duty imposed on those bodies by paragraph (4) to make information available to the applicant; and

(b) inform the applicant in writing of the names and addresses of the bodies so notified.

(4) Subject to paragraphs (5) and (6), F10 ... any body notified in accordance with paragraph (3) must, if requested by the applicant, enter into consultation with the applicant to determine whether F11 ... the body [F12 has in its] possession any information which the applicant or F11 ... the body consider relevant to the preparation of the EIA report, and F11 ... the body must make any such information available to the applicant.

(5) Paragraph (4) does not require disclosure of information which the [F13 Scottish Ministers] or any body notified in accordance with paragraph (3)—

(a) may refuse to disclose under regulation 10(1) of the Environmental Information (Scotland) Regulations 2004 M1 ; or

(b) are prevented from disclosing by regulation 11(2) of those Regulations.

(6) Paragraph (4) does not require disclosure of information which the [F14 Scottish Ministers] or any body notified in accordance with paragraph (3)—

(a) may refuse to disclose under regulation 12(1) of the Environmental Information Regulations 2004 M2 ; or

(b) are prevented from disclosing by regulation 13(1) of those Regulations.

(7) A reasonable charge reflecting the cost of making the relevant information available may be made by the [F15 Scottish Ministers] or any body notified in accordance with paragraph (3) when making information available in accordance with paragraph (4).

Textual Amendments

F8 Words in reg. 17(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(15)(a) (with reg. 13)

F9 Words in reg. 17(3) 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(15)(a) (with reg. 13)

F10 Words in reg. 17(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(15)(b)(i) (with reg. 13)

F11 Words in reg. 17(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(15)(b)(ii) (with reg. 13)

F12 Words in reg. 17(4) 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(15)(b)(iii) (with reg. 13)

F13 Words in reg. 17(5) 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(15)(a) (with reg. 13)

F14 Words in reg. 17(6) 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(15)(a) (with reg. 13)

F15 Words in reg. 17(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(15)(a) (with reg. 13)

Marginal Citations

M1 S.S.I. 2004/520, as amended by S.S.I. 2013/127.

M2 S.I. 2004/3391.