Modifications etc. (not altering text)
C1Pt. III excluded (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 20(2), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.
(1)Where the Scottish Ministers have decided to proceed with a project to construct a new road in relation to which an environmental impact assessment has been required, the Scottish 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 Scottish Ministers must consider—
(a)whether monitoring measures are proportionate to the nature, location and size of the 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 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 by a condition imposed as part of the decision to proceed with the project the Scottish Ministers must take steps to ensure that those measures are implemented.
(5)In this section “monitoring measures” means measures requiring the monitoring of any significant adverse effects on the environment of the project.]
Textual Amendments
F1Ss. 20A-20G substituted for ss. 20A, 20B (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 5 (with reg. 12)