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

Publication of additional information S

22.—(1)  [F1 Subject to regulation 22A, where] additional information is provided to the Scottish Ministers, the applicant must publish a notice in accordance with paragraph (2) containing the information required by paragraph (3).

(2) A notice under paragraph (1) must be published—

(a) in The Edinburgh Gazette;

(b) in one or more newspapers circulating in the locality in which the works are situated (or, in relation to proposed works in, on, over or under the sea, in such newspapers as are likely to come to the attention of those likely to be affected by the proposed works); and

(c) on the application website.

(3) A notice under paragraph (1) must—

(a) describe the EIA application and the proposed works;

(b) state that the proposed works are subject to environmental impact assessment and, where relevant, state that they are likely to have significant effects on the environment in [F2 an] EEA State;

(c) state that the additional information is available for inspection [F3 free of charge] and the times and places at which, and the means by which, the additional information is available for inspection;

(d) state how copies of the additional information may be obtained;

(e) state the cost of a copy of the additional information;

(f) state how and by what date representations may be made (being a date not earlier than 30 days after the last date on which the notice is published);

(g) provide details of the arrangements for public participation in the decision making procedure, including a description of how notice is to be given of any subsequent submission by the applicant of additional information and how representations in relation to that additional information may be made; and

(h) state the nature of possible decisions to be taken in relation to the application and provide details of the authority by which such decisions are to be taken.

(4) The applicant must serve a copy of the additional information on any person to whom a copy of the EIA report was supplied under regulation 18(1) together with a copy of the notice published under paragraph (1).

(5) A reasonable charge reflecting printing and distribution costs may be made in relation to the supply of a copy of the additional information to any person but the copies served under paragraph (4) are to be supplied free of charge.

(6) Paragraph (1) does not apply in relation to additional information to the extent that—

(a) the information is provided for the purposes of an inquiry held under the 2010 Act;

(b) the written requirement for the information states that it is to be provided for such purposes; and

(c) the information must be published as part of that inquiry.

[F4 (7) Where additional information is provided to the Scottish Ministers the applicant must ensure that a reasonable number of copies of the additional information are available for inspection at any place named in the notice under paragraph (1) as a place at which copies of the additional information may be inspected.

(8) The applicant must provide copies of the additional information in accordance with the terms of the notice under paragraph (1) and where that notice includes an address at which copies of the additional information may be obtained the applicant must ensure that a reasonable number of copies of the additional information are available at that address.]

Textual Amendments

F1 Words in reg. 22(1) substituted (20.5.2020 at 1.45 p.m.) by The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/157), regs. 1, 3(9)

F2 Word in reg. 22(3)(b) substituted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(4); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 22(3)(c) inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(5)(a)

F4 Reg. 22(7)(8) inserted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 6(5)(b)