- Latest available (Revised)
- Original (As enacted)
This version of this part contains provisions that are prospective.![]()
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Environmental Assessment (Scotland) Act 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations.![]()
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Prospective
1(1)Crude oil refineries except undertakings whose sole function is the manufacture of lubricants from crude oil.S
(2)Installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.
2(1)Thermal power stations and other combustion installations with a heat output of 300 megawatts or more.S
(2)Nuclear power stations and other nuclear reactors including the dismantling or decommissioning of such power stations or reactors (except research installations for the production and conversion of fissionable and fertile materials whose maximum power does not exceed 1 kilowatt continuous thermal load).
3(1)Installations for the reprocessing of irradiated nuclear fuel.S
(2)Installations designed—
(a)for the production or enrichment of nuclear fuel;
(b)for the processing of irradiated nuclear fuel or high-level radioactive waste;
(c)for the final disposal of irradiated nuclear fuel;
(d)solely for the final disposal of radioactive waste; or
(e)solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site other than the production site.
4(1)Integrated works for the initial smelting of cast-iron and steel.S
(2)Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.
5Installations for—S
(a)the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos;
(b)asbestos-cement products with an annual production of more than 20,000 tonnes of finished products;
(c)friction material with an annual production of more than 50 tonnes of finished products; or
(d)other uses of asbestos having utilisation of more than 200 tonnes per year.
6Integrated chemical installations, that is to say, installations—S
(a)for the manufacture on an industrial scale of substances using chemical conversion processes; and
(b)in which several units are juxtaposed and are functionally linked to one another and which are for the production of—
(i)basic organic chemicals;
(ii)basic inorganic chemicals;
(iii)phosphorus-based, nitrogen-based or potassium-based fertilisers (that is, simple or compound fertilisers);
(iv)basic plant health products and of biocides;
(v)basic pharmaceutical products using a chemical or biological process; or
(vi)explosives.
7(1)Construction of—S
(a)lines for long-distance railway traffic; or
(b)airports with a basic runway length of 2100 metres or more.
(2)Construction of motorways and express roads.
(3)The—
(a)construction of a new road of four or more lanes; or
(b)realignment or widening (or both) of an existing road of two lanes or less so as to provide four or more lanes,
where such new road, or realigned or widened section of the road, would be 10 kilometres or more in a continuous length.
8(1)Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 1,350 tonnes.S
(2)Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.
9Waste disposal installations for—S
(a)the incineration;
(b)chemical treatment as defined in Annex IIA to Directive 75/442/EEC under heading D9; or
(c)landfill,
of hazardous waste (that is to say, waste to which Directive 91/689/EEC applies).
10Waste disposal installations for—S
(a)the incineration; or
(b)chemical treatment as defined in Annex IIA to Directive 75/442/EEC under heading D9,
of non-hazardous waste with a capacity exceeding 100 tonnes per day.
11Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.S
12(1)Works for the transfer of water resources between river basins where this transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year.S
(2)Works for the transfer of water resources between river basins where the multi-annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5 per cent of this flow.
(3)In sub-paragraphs (1) and (2), transfers of piped drinking water are excluded.
13Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2.6 of Directive 91/271/EEC.S
14Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.S
15Dams and other installations designed for the holding back or permanent storage of water where a new or additional amount of water held back or stored exceeds 10 million cubic metres.S
16Pipelines for the transport of gas, oil or chemicals with a diameter of more than 800 millimetres and a length of more than 40 kilometres.S
17Installations for the intensive rearing of poultry or pigs with more than—S
(a)85,000 places for broilers, 60,000 places for hens;
(b)3,000 places for production pigs (that is, pigs weighing over 30 kilograms); or
(c)900 places for sows.
18Industrial plants for the—S
(a)production of pulp from timber or similar fibrous materials; or
(b)production of paper and board with a production capacity exceeding 200 tonnes per day.
19(1)Quarries and open-cast mining where the surface of the site exceeds 25 hectares.S
(2)Peat extraction where the surface of the site exceeds 150 hectares.
20Construction of overhead electrical power lines with a voltage of 220 kilovolts or more and a length of more than 15 kilometres.S
21Installations for storage of petroleum, petrochemical, or chemical products with a capacity of 200,000 tonnes or more.S
22Any change to or extension of projects listed in this Part of this schedule where the change or extension in itself meets the thresholds (if any) set out in this Part of this schedule.S
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: