Waverley Railway (Scotland) Act 2006

45 Mitigation of environmental impacts

(1) The authorised undertaker shall employ all reasonably practicable means to ensure—

(a) that the environmental impacts of the construction and operation of the authorised works are not worse than the residual impacts identified in the environmental statement; and

(b) that—

(i) the additional environmental mitigation measures identified in the promoter’s undertakings are carried out; or

(ii) the environmental impacts of the construction or operation of the authorised works are not worse than they would have been had the mitigation measures referred to in sub-paragraph (i) been carried out.

(2) In this section—

• “environmental statement” means the environmental statement submitted to the Parliament as an accompanying document with the Bill for this Act, as amended by ‘Waverley Railway Act: Further Environmental Information (February 2005)’ and the ‘Addendum Environmental Statement: Stow Station (January 2006)’;

• “the promoter’s undertakings” means all undertakings given by Scottish Borders Council as Promoter of the Bill for this Act—

  (a)

  to the Committee during the Consideration Stage of the Bill for this Act; or

  (b)

  to any person in connection with that Bill;

• “residual impacts” means the environmental impacts of the construction or operation of the authorised works after the mitigation measures proposed in the environmental statement have been carried out.