PART 6SAVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS

Availability of opinions, directions etc. for inspectionS

23.—(1) Where any document mentioned in paragraph (2) is received, issued or adopted by the [F1Scottish Ministers], the [F1Scottish Ministers] must make copies of that document available for inspection—

(a)on a website (or by other electronic means); and

(b)at all reasonable hours at an office of the [F1Scottish Ministers] where the register may be inspected.

(2) The documents are any—

(a)request under regulation 15(1);

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)direction given under regulation 9;

(d)screening opinion;

F3(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)scoping opinion;

F4(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)EIA report and any additional information;

(i)reports or advice issued to the [F1Scottish Ministers] at the time when notice is given under regulation 18(1); and

(j)statement of reasons accompanying any of the above.

Textual Amendments

Decision noticeS

24.—(1) Where an EIA application is determined by the [F5Scottish Ministers] the notification of the decision to be given to the applicant, (referred to in these Regulations as “the decision notice”) must include the information specified in paragraph (2).

(2) The information is—

(a)a description of the forestry project;

(b)the terms of the decision;

(c)the main reasons and considerations on which the decision is based;

(d)information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures;

(e)a summary of—

(i)the environmental information; and

(ii)the results of the consultations and information gathered pursuant to Parts 4, 5 and 6 F6... and how those results F7... have been incorporated or otherwise addressed;

(f)if the decision is to grant EIA consent—

(i)a statement of the mandatory conditions;

(ii)a statement of any further conditions to which the decision is subject including—

(aa)a description of any monitoring measures which may be required in accordance with regulation 25; and

(bb)a description of any mitigation measures which may be required;

(iii)the reasoned conclusion referred to in regulation 5(1)(d); and

(iv)a statement that the [F5Scottish Ministers] are satisfied that the reasoned conclusion is still up to date; and

(g)information regarding the right to challenge the validity of the decision and the procedures for doing so.

(3) For the purposes of paragraph (2)(f)(iv), the reasoned conclusion referred to in regulation 5(1)(d) is still up to date if the [F5Scottish Ministers] are satisfied, having regard to current knowledge and methods of assessment, that the reasoned conclusion addresses the likely significant effects of the forestry project on the environment.

(4) In this regulation and in regulation 25—

“mitigation measures” means any features of the EIA forestry project and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment; and

“monitoring measures” means measures requiring the monitoring of any significant adverse effects on the environment of the EIA forestry project.

Textual Amendments

Monitoring measuresS

25.—(1) Where an EIA application is determined by the [F8Scottish Ministers] and the decision is to grant EIA consent, the [F9Scottish Ministers] must consider whether it is appropriate to require monitoring measures to be carried out.

(2) When considering whether to require monitoring measures to be carried out, and the nature of any such monitoring measures, the [F10Scottish Ministers] must consider—

(a)whether monitoring measures are proportionate to the nature, location and size of the EIA forestry project and the significance of its effects on the environment having regard in particular to the type of parameters to be monitored and the duration of the monitoring;

(b)in order to avoid duplication of monitoring, whether monitoring arrangements required under Union legislation (other than legislation implementing the requirements of the Directive) or other legislation applicable in Scotland are more appropriate; and

(c)if monitoring measures are to be required, whether provision should be made to require appropriate remedial action.

(3) Where F11... the Scottish Ministers consider that it is appropriate to require monitoring measures they must do so.

(4) Where mitigation measures or monitoring measures are required, the [F12Scottish Ministers] must take steps to ensure that those measures are implemented.

Textual Amendments

Duties to inform the applicant and public of final decisionsS

26.—(1) Where an EIA application is determined by the [F13Scottish Ministers], the [F13Scottish Ministers] must—

(a)notify the applicant of the decision;

(b)notify those bodies consulted in accordance with regulation 19(1)(b) of the decision by sending a copy of the decision notice to such bodies;

(c)notify the public of the decision, and of where a copy of decision notice may be inspected, by publishing a notice in a newspaper circulating in the locality in which the land is situated, or by such other means as are reasonable in the circumstances; and

(d)make a copy of the decision notice available for public inspection—

(i)at an office of the [F13Scottish Ministers] where the register may be inspected; and

(ii)on the application website.

F14(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments