PART 6AVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS

Decision notice24

1

Where an EIA application is determined by the F3Scottish 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 F1... and how those results F2... 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 F3Scottish 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 F3Scottish 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.