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

PART 6 AVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS

Availability of opinions, directions etc. for inspection

23.—(1) Where any document mentioned in paragraph (2) is received, issued or adopted by the Commissioners, the Commissioners 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 Commissioners where the register may be inspected.

(2) The documents are any—

(a) request under regulation 15(1);

(b) copy of a request under regulation 15(8);

(c) direction given under regulation 9;

(d) screening opinion;

(e) screening direction;

(f) scoping opinion;

(g) scoping direction;

(h) EIA report and any additional information;

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

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

Decision notice

24.—(1) Where an EIA application is determined by the Commissioners 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 and, where relevant, Part 7 and how those results, in particular comments received from an EEA State pursuant to consultation under regulation 27, 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 Commissioners 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 Commissioners 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.

Monitoring measures

25.—(1) Where an EIA application is determined by the Commissioners and the decision is to grant EIA consent, the Commissioners or the Scottish Ministers, as the case may be, 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 Commissioners 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 the Commissioners or 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 Commissioners must take steps to ensure that those measures are implemented.

Duties to inform the applicant and public of final decisions

26.—(1) Where an EIA application is determined by the Commissioners, the Commissioners 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 Commissioners where the register may be inspected; and

(ii) on the application website.

(2) The Commissioners must, as soon as reasonably practicable after notification of the decision notice under regulation 30(8), comply with paragraph (1)(b) to (d) in relation to the decision so notified as if it were a decision of the Commissioners.

(3) Where regulation 28(1) applies, the Commissioners must, as soon as reasonably practicable after notification of a final decision from the EEA state concerned, comply with paragraph (1)(b) to (d) in relation to the decision so notified as if it were a decision of the Commissioners.