The Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004

PART 4 POST-ADOPTION PROCEDURES

Information as to adoption of a plan or programme

20.—(1) As soon as reasonably practicable after the adoption of a plan or programme for which an environmental assessment has been carried out under these Regulations, the responsible authority shall–

(a) make a copy of the plan or programme and its accompanying environmental report available at its principal office for inspection by the public at all reasonable times and free of charge;

(b) publish a copy of the plan or programme and of the information referred to in sub-paragraph (c) on the authority’s website; and

(c) take, or secure the taking of, such steps as it considers appropriate (including publication in at least one newspaper circulating in the area to which the plan or programme relates), to bring to the attention of the public–

(i) the title of the plan or programme;

(ii) the date on which it was adopted;

(iii) the address (which may include a website) at which a copy of the plan or programme and its accompanying environmental report, and of a statement containing the particulars specified in paragraph (3), may be inspected or from which a copy may be obtained;

(iv) the times at which inspection may be made; and

(v) that inspection may be made free of charge.

(2) As soon as reasonably practicable after the adoption of a plan or programme, the responsible authority shall inform the consultation authorities of the adoption of the plan or programme and shall send them–

(a) a copy of the plan or programme as adopted; and

(b) a statement containing the particulars specified in paragraph (3).

(3) The particulars referred to in paragraphs (1)(c)(iii) and (2)(b) are–

(a) how environmental considerations have been integrated into the plan or programme;

(b) how the environmental report has been taken into account;

(c) how the opinions expressed in response to the invitations mentioned in regulation 18 have been taken into account;

(d) how the results of any consultation under regulation 14 of the Environmental Assessment of Plans and Programmes Regulations 2004 have been taken into account;

(e) the reasons for choosing the plan or programme as adopted, in the light of the other reasonable alternatives dealt with; and

(f) the measures that are to be taken to monitor the significant environmental effects of the implementation of the plan or programme.

Monitoring of implementation of plans and programmes

21.—(1) The responsible authority shall monitor the significant environmental effects of the implementation of each plan or programme for which it has carried out an environmental assessment under these Regulations.

(2) Without prejudice to the generality of paragraph (1), the responsible authority’s monitoring arrangements (which may comprise or include arrangements established otherwise than for the express purpose of compliance with this regulation) must enable the authority–

(a) to identify any unforeseen adverse effects at an early stage; and

(b) to undertake appropriate remedial action.