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Environmental Assessment (Scotland) Act 2005

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This is the original version (as it was originally enacted).

7Exemptions: pre-screening

This section has no associated Explanatory Notes

(1)A plan or programme of a description set out in section 5(4) is exempt if the responsible authority is of the opinion that the plan or programme will have—

(a)no effect; or

(b)minimal effect,

in relation to the environment.

(2)In considering whether or not it is of the opinion described in subsection (1), the responsible authority shall apply the criteria specified in schedule 2.

(3)If a responsible authority is of the opinion described in subsection (1), it shall notify the consultation authorities of that fact as soon as practicable.

(4)A notification under subsection (3) shall also include the following information—

(a)the title of the plan or programme;

(b)the date of the opinion; and

(c)a brief description of the plan or programme, including the area or location to which the plan or programme relates.

(5)The Scottish Ministers shall arrange for a register to be kept of any notifications under subsection (3).

(6)The register kept under subsection (5)—

(a)shall be available for public inspection—

(i)at any reasonable time; and

(ii)at such place as the Scottish Ministers may direct;

(b)may include such other information in relation to a plan or programme as the Scottish Ministers consider appropriate.

(7)The information contained in the register may also be made available, for the purpose of facilitating public access to that information, by such means (including by means of display on a website) as the Scottish Ministers think fit.

(8)The Scottish Ministers may by order modify schedule 2.

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