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

Environmental impact assessment

This section has no associated Policy Notes

5.—(1) An environmental impact assessment is a process consisting of—

(a)the preparation of an EIA report by the applicant;

(b)the carrying out of consultation, publication and notification as required by Parts 4, 5, 6 and, where relevant, 7;

(c)the examination by the Commissioners of the information presented in the EIA report and any other environmental information;

(d)the reasoned conclusion by the Commissioners on the significant effects of the EIA forestry project on the environment, taking into account the results of the examination referred to in sub-paragraph (c) and, where appropriate, their own supplementary examination; and

(e)the integration of the Commissioners’ reasoned conclusion into the decision notice in accordance with regulation 24.

(2) The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of the circumstances relating to the forestry project, the direct and indirect significant effects of the forestry project on the factors specified in paragraph (3) and the interaction between those factors.

(3) The factors are—

(a)population and human health;

(b)biodiversity, and in particular species and habitats protected under Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(1) and Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(2);

(c)land, soil, water, air and climate; and

(d)material assets, cultural heritage and the landscape.

(4) The effects to be identified, described and assessed under paragraph (2) include the expected effects deriving from the vulnerability of the forestry project to risks of major accidents and disasters, so far as relevant to the project concerned.

(5) The Commissioners must ensure that they have, or have access as necessary to, sufficient expertise to examine the EIA report.

(1)

OJ L 206, 22.7.1992, p.7.

(2)

OJ L 20, 26.1.2010, p.7.