The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017

Application without prior screening

12.—(1) This regulation applies where it appears to the Scottish Ministers that—

(a) an application for a regulatory approval which is before them for determination is an application to carry out schedule 1 works or an application to carry out schedule 2 works;

(b) the works in question have not been the subject of a screening opinion; and

(c) the application is not accompanied by a report referred to by the applicant as an EIA report.

(2) Where this regulation applies the Scottish Ministers must adopt a screening opinion in respect of the proposed works to which the application for a regulatory approval relates.

(3) If it appears to the Scottish Ministers that the application for a regulatory approval is an application to carry out schedule 2 works but the Scottish Ministers do not consider that the information submitted by the applicant in connection with the application includes all the information referred to in regulation 10(2), the Scottish Ministers must seek from the applicant such information as they consider remains to be provided by giving notice to the applicant describing that information.