151.Section 40 of the 1997 Act gives the Scottish Ministers powers to make regulations about the assessment of environmental effects of any development before planning permission is granted. Section 24 of the Act amends section 40 so that “environmental effects” explicitly includes effects on biodiversity, including the net positive effects on biodiversity likely to result from the development.
Text created by the Scottish Government 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.
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