The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Scotland) Regulations 2007

Decisions on applications

12.—(1) Before deciding whether to grant or refuse permission on an application under regulation 9, the Scottish Ministers shall determine whether or not the application relates to a project which constitutes a habitats project.

(2) The applicant shall provide such information as the Scottish Ministers may reasonably require to enable the Scottish Ministers to make the determination under paragraph (1).

(3) Before deciding whether to grant or refuse permission for a project which the Scottish Ministers have determined would constitute a habitats project (whether under this regulation or under regulation 6(1)(b)) the Scottish Ministers shall make an appropriate assessment of the implications for the European site affected, in view of its conservation objectives and paragraph 2 of Schedule 3 shall apply for that purpose.

(4) Before deciding whether to grant or to refuse permission, the Scottish Ministers may give the opportunity of making representations (whether in person or in writing) to a person appointed by the Scottish Ministers for that purpose, to the applicant, the owner (if the owner is not the applicant) and any other person whom the Scottish Ministers consider should be given such an opportunity.

(5) In deciding whether to grant or refuse permission the Scottish Ministers shall take into consideration–

(a) the information provided in the application;

(b) the environmental statement, where one has been provided;

(c) any further information supplied under regulation 10 and any other information submitted by the applicant;

(d) any relevant representations made in response to the notice published under regulation 11(1) or by anyone to whom a copy of the application has been sent under regulation 11(4) or to whom a notice has been sent under regulation 11(5);

(e) any opinion forwarded to the Scottish Ministers pursuant to regulation 14(4);

(f) any reports and advice that have been issued to the Scottish Ministers;

(g) the report of any person appointed under paragraph (4);

(h) any published policy of the Scottish Ministers in relation to the extraction of minerals by marine dredging; and

(i) the results of any assessment carried out under paragraph (3).

(6) A grant of permission–

(a) may be subject to such conditions as the Scottish Ministers consider appropriate; including conditions intended to implement any policy taken into account under paragraph 5(h); and

(b) shall be made to, and subject to any transfer under regulation 15, shall enure for the benefit of, the owner.

(7) The Scottish Ministers shall send notice of the decision to–

(a) the applicant;

(b) the owner (if the owner is not the applicant);

(c) any person who has made representations in respect of the application; and

(d) the appropriate consultation bodies who were consulted under regulation 11(4);

and the notice shall state–

(i) the main reasons for the decision;

(ii) the main considerations on which the decision is based including, if relevant, information about the public participation process;

(iii) where permission is granted, any conditions imposed under paragraph 6(a), and, where applicable, the main measures to be taken to avoid, reduce and, if possible, offset any major adverse effects; and

(iv) that the decision may be challenged and the procedures for doing so.

(8) Within the period of 28 days beginning with the date of the decision, the Scottish Ministers shall publish, in the same or similar manner in which notice relevant to the application was published under regulation 11, a notice containing–

(a) a statement that the Scottish Ministers have granted, or as the case may be, refused permission;

(b) a description of the dredging for which permission has been granted or, as the case may be, refused; and

(c) the address in Scotland at which any person may inspect a copy of the notice issued under paragraph (7).