PART 6SAVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS

Monitoring measuresS

25.—(1) Where an EIA application is determined by the [F1Scottish Ministers] and the decision is to grant EIA consent, the [F2Scottish 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 [F3Scottish 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 F4... 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 [F5Scottish Ministers] must take steps to ensure that those measures are implemented.

Textual Amendments