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Environmental Assessment (Scotland) Act 2005

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SCHEDULE 1SProjects

(introduced by section 5(3)(a))

Part 1 S

Particular projectsS

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.

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Commencement Information

I1Sch. 1 para. 1 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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).

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Commencement Information

I2Sch. 1 para. 2 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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.

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Commencement Information

I3Sch. 1 para. 3 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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.

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Commencement Information

I4Sch. 1 para. 4 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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.

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Commencement Information

I5Sch. 1 para. 5 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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.

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Commencement Information

I6Sch. 1 para. 6 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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.

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Commencement Information

I7Sch. 1 para. 7 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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.

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Commencement Information

I8Sch. 1 para. 8 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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).

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Commencement Information

I9Sch. 1 para. 9 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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.

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Commencement Information

I10Sch. 1 para. 10 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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

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Commencement Information

I11Sch. 1 para. 11 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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.

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Commencement Information

I12Sch. 1 para. 12 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

13Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2.6 of Directive 91/271/EEC.S

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Commencement Information

I13Sch. 1 para. 13 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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

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Commencement Information

I14Sch. 1 para. 14 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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

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Commencement Information

I15Sch. 1 para. 15 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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

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Commencement Information

I16Sch. 1 para. 16 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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.

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Commencement Information

I17Sch. 1 para. 17 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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.

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Commencement Information

I18Sch. 1 para. 18 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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.

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Commencement Information

I19Sch. 1 para. 19 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

20Construction of overhead electrical power lines with a voltage of 220 kilovolts or more and a length of more than 15 kilometres.S

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Commencement Information

I20Sch. 1 para. 20 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

21Installations for storage of petroleum, petrochemical, or chemical products with a capacity of 200,000 tonnes or more.S

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Commencement Information

I21Sch. 1 para. 21 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

GeneralS

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

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Commencement Information

I22Sch. 1 para. 22 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Part 2 S

Agriculture, silviculture and aquacultureS

23(1)Projects for the restructuring of rural land holdings.S

(2)Projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes.

(3)Water management projects for agriculture, including irrigation and land drainage projects.

(4)Initial afforestation and deforestation for the purposes of conversion to another type of land use.

(5)Intensive livestock installations.

(6)Intensive fish farming.

(7)Reclamation of land from the sea.

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Commencement Information

I23Sch. 1 para. 23 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Extractive industryS

24(1)Quarries, open-cast mining and peat extraction.S

(2)Underground mining.

(3)Extraction of minerals by marine or fluvial dredging.

(4)Deep drillings, in particular—

(a)geothermal drilling;

(b)drilling for the storage of nuclear waste material;

(c)drilling for water supplies,

except drillings for investigating the stability of the soil.

(5)Surface industrial installations for the extraction of coal, petroleum, natural gas and ores (including bituminous shale).

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Commencement Information

I24Sch. 1 para. 24 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Energy industryS

25(1)Industrial installations for the production of electricity, steam and hot water.S

(2)Industrial installations for—

(a)carrying gas, steam and hot water; or

(b)transmission of electrical energy by overhead cables.

(3)Surface storage of natural gas.

(4)Underground storage of combustible gases.

(5)Surface storage of fossil fuels.

(6)Industrial briquetting of coal and lignite.

(7)Installations for the processing and storage of radioactive waste.

(8)Installations for hydroelectric energy production.

(9)Installations for the harnessing of wind power for energy production (that is to say, wind farms).

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Commencement Information

I25Sch. 1 para. 25 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Production and processing of metalsS

26(1)Installations for the production of pig iron or steel (that is, primary or secondary fusion) including continuous casting.S

(2)Installations for the processing of ferrous metals, that is to say—

(a)hot-rolling mills;

(b)smitheries with hammers;

(c)application of protective fused metal coats.

(3)Ferrous metal foundries.

(4)Installations for the smelting of (including the alloyage of) non-ferrous metals except precious metals (including recovered products, for example, by refining or foundry casting).

(5)Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process.

(6)Manufacture and assembly of motor vehicles and manufacture of motor-vehicle engines.

(7)Shipyards.

(8)Installations for the construction and repair of aircraft.

(9)Manufacture of railway equipment.

(10)Swaging by explosives.

(11)Installations for the roasting and sintering of metallic ores.

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Commencement Information

I26Sch. 1 para. 26 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Mineral industryS

27(1)Coke ovens (that is to say, dry coal distillation).S

(2)Installations for the manufacture of cement.

(3)Installations for the production of asbestos and the manufacture of asbestos products.

(4)Installations for the manufacture of glass including glass fibre.

(5)Installations for smelting mineral substances including the production of mineral fibres.

(6)Manufacture of ceramic products by burning, in particular—

(a)roofing tiles, bricks, refractory bricks and tiles; and

(b)stoneware or porcelain.

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Commencement Information

I27Sch. 1 para. 27 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Chemical industryS

28(1)Treatment of intermediate chemical products.S

(2)Production of chemicals.

(3)Production of—

(a)pesticides;

(b)pharmaceutical products;

(c)paint and varnishes;

(d)elastomers; and

(e)peroxides.

(4)Storage facilities for petroleum, petrochemical and chemical products.

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Commencement Information

I28Sch. 1 para. 28 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Food industryS

29(1)Manufacture of vegetable and animal oils and fats.S

(2)Packing and canning of animal and vegetable products.

(3)Manufacture of dairy products.

(4)Brewing and malting.

(5)Confectionery and syrup manufacture.

(6)Installations for the slaughter of animals.

(7)Industrial starch manufacturing installations.

(8)Fish-meal and fish-oil factories.

(9)Sugar factories.

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Commencement Information

I29Sch. 1 para. 29 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Textile, leather, wood and paper industriesS

30(1)Industrial plants for the production of paper and board.S

(2)Plants for the—

(a)pre-treatment (including operations such as washing, bleaching and mercerization); or

(b)dyeing,

of fibres or textiles.

(3)Plants for the tanning of hides and skins.

(4)Cellulose-processing and production installations.

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Commencement Information

I30Sch. 1 para. 30 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Rubber industryS

31Manufacture and treatment of elastomer-based products.S

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Commencement Information

I31Sch. 1 para. 31 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Infrastructure projectsS

32(1)Industrial estate development projects.S

(2)Urban development projects, including the construction of shopping centres and car parks.

(3)Construction of railways and intermodal transshipment facilities, and of intermodal terminals.

(4)Construction of airfields.

(5)Construction of roads, harbours and port installations (including fishing harbours).

(6)Inland-waterway construction, canalization and flood-relief works.

(7)Dams and other installations designed to hold water or store it on a long-term basis.

(8)Tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport.

(9)Oil and gas pipeline installations.

(10)Installations of long-distance aqueducts.

(11)Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works.

(12)Groundwater abstraction and artificial groundwater recharge schemes.

(13)Works for the transfer of water resources between river basins.

(14)Motorway service areas.

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Commencement Information

I32Sch. 1 para. 32 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Tourism and leisureS

33(1)Ski-runs, ski-lifts and cable-cars and associated developments.S

(2)Marinas.

(3)Holiday villages and hotel complexes outside urban areas and associated developments.

(4)Permanent camp sites and caravan sites.

(5)Theme parks.

(6)Golf courses and associated developments.

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Commencement Information

I33Sch. 1 para. 33 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

Miscellaneous projectsS

34Permanent racing and test tracks for motorized vehicles.S

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Commencement Information

I34Sch. 1 para. 34 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

35Installations for the disposal of waste.S

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Commencement Information

I35Sch. 1 para. 35 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

36Waste-water treatment plants.S

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Commencement Information

I36Sch. 1 para. 36 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

37Sludge-deposition sites.S

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Commencement Information

I37Sch. 1 para. 37 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

38Storage of scrap iron, including scrap vehicles.S

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Commencement Information

I38Sch. 1 para. 38 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

39Test benches for engines, turbines or reactors.S

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Commencement Information

I39Sch. 1 para. 39 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

40Installations for the manufacture of artificial mineral fibres.S

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Commencement Information

I40Sch. 1 para. 40 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

41Installations for the recovery or destruction of explosive substances.S

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Commencement Information

I41Sch. 1 para. 41 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

42Knackers' yards.S

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Commencement Information

I42Sch. 1 para. 42 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

GeneralS

43(1)Any change to or extension of projects listed in Part 1 or this Part of this schedule which—S

(a)have already been authorised or executed; or

(b)are in the process of being executed,

and which may have significant adverse effects on the environment.

(2)Projects listed in Part 1 of this schedule which are undertaken exclusively or mainly for the development and testing of new methods or products and not used for more than two years.

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Commencement Information

I43Sch. 1 para. 43 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

InterpretationS

44(1)Expressions used in both this schedule and in Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as last amended by Council Directive 2003/35/EC) shall be construed in accordance with that Directive.S

(2)References in this Part of this schedule to a project are references to the project in so far as it is not included in Part 1 of this schedule.

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Commencement Information

I44Sch. 1 para. 44 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

SCHEDULE 2SCriteria for determining the likely significance of effects on the environment

(introduced by section 7(2))

1The characteristics of plans and programmes, having regard, in particular to—S

(a)the degree to which the plan or programme sets a framework for projects and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources;

(b)the degree to which the plan or programme influences other plans and programmes including those in a hierarchy;

(c)the relevance of the plan or programme for the integration of environmental considerations in particular with a view to promoting sustainable development;

(d)environmental problems relevant to the plan or programme; and

(e)the relevance of the plan or programme for the implementation of [F1EU] legislation on the environment (for example, plans and programmes linked to waste management or water protection).

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Amendments (Textual)

Commencement Information

I45Sch. 2 para. 1 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

2Characteristics of the effects and of the area likely to be affected, having regard, in particular, to—S

(a)the probability, duration, frequency and reversibility of the effects;

(b)the cumulative nature of the effects;

(c)the transboundary nature of the effects;

(d)the risks to human health or the environment (for example, due to accidents);

(e)the magnitude and spatial extent of the effects (geographical area and size of the population likely to be affected);

(f)the value and vulnerability of the area likely to be affected due to—

(i)special natural characteristics or cultural heritage;

(ii)exceeded environmental quality standards or limit values; or

(iii)intensive land-use; and

(g)the effects on areas or landscapes which have a recognised national, Community or international protection status.

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Commencement Information

I46Sch. 2 para. 2 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

SCHEDULE 3SInformation for environmental reports

(introduced by section 14)

1An outline of the contents and main objectives of the plan or programme, and of its relationship (if any) with other qualifying plans and programmes.S

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Commencement Information

I47Sch. 3 para. 1 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

2The relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan or programme.S

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Commencement Information

I48Sch. 3 para. 2 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

3The environmental characteristics of areas likely to be significantly affected.S

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Commencement Information

I49Sch. 3 para. 3 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

4Any existing environmental problems which are relevant to the plan or programme including, in particular, those relating to any areas of a particular environmental importance, such as areas designated pursuant to Council Directive 79/409/EEC on the conservation of wild birds and Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (as last amended by Council Directive 97/62/EC).S

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Commencement Information

I50Sch. 3 para. 4 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

5The environmental protection objectives, established at international, Community or Member State level, which are relevant to the plan or programme and the way those objectives and any environmental considerations have been taken into account during its preparation.S

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Commencement Information

I51Sch. 3 para. 5 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

6The likely significant effects on the environment, including—S

(a)on issues such as—

(i)biodiversity;

(ii)population;

(iii)human health;

(iv)fauna;

(v)flora;

(vi)soil;

(vii)water;

(viii)air;

(ix)climatic factors;

(x)material assets;

(xi)cultural heritage, including architectural and archaeological heritage;

(xii)landscape; and

(xiii)the inter-relationship between the issues referred to in heads (i) to (xii);

(b)short, medium and long-term effects;

(c)permanent and temporary effects;

(d)positive and negative effects; and

(e)secondary, cumulative and synergistic effects.

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Commencement Information

I52Sch. 3 para. 6 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

7The measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan or programme.S

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Commencement Information

I53Sch. 3 para. 7 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

8An outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was undertaken including any difficulties (such as technical deficiencies or lack of expertise) encountered in compiling the required information.S

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Commencement Information

I54Sch. 3 para. 8 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

9A description of the measures envisaged concerning monitoring in accordance with section 19.S

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Commencement Information

I55Sch. 3 para. 9 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

10A non-technical summary of the information provided under paragraphs 1 to 9.S

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Commencement Information

I56Sch. 3 para. 10 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

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