The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (“the 2017 Regulations”) in respect of the application of the 2017 Regulations to an application under section 36C of the Electricity Act 1989 (a “variation application”). The 2017 Regulations implement Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p.1) as amended by Council Directive 2014/52/EU (OJ L 124, 25.04.2014, p.1) in relation to consents required under sections 36 and 37 of the Electricity Act 1989.

A variation application is an application to vary an existing consent granted under section 36 of the Electricity Act 1989 to construct and operate a generating station. Regulation 28 of the 2017 Regulations applies the 2017 Regulations to variation applications as the 2017 Regulations apply to section 36 consents, subject to certain modifications. The 2017 Regulations require an environmental impact assessment to be carried out for applications for EIA development. The changes made by regulation 2(2) to regulation 2(1) of the 2017 Regulations make it clear that a variation application relates to EIA development if the proposed variation is likely to have significant effects on the environment. A definition of “proposed variation” is included. Regulation 2(3) amends regulation 28 of the 2017 Regulations. New paragraph (1) makes it clear that, as for other EIA applications, Ministers may not grant a variation application (or make a related direction under section 57 of the Town and Country Planning (Scotland) Act 1997 unless an environmental impact assessment has been carried out. New paragraph (1A) operates to apply the 2017 Regulations subject to the modifications set out in regulation 28(2) (as read with regulation 28(3)) as amended by regulation 2(3)(b) and (c).

Regulation 2(5) and (6)(a) to (f) rearrange the structure of schedules 1 and 2 in consequence of changes to regulation 28.

Regulation 2(4) and (6)(g) update references following the replacement of the Conservation of Habitats and Species Regulations 2010 by the Conservation of Habitats and Species Regulations 2017.