The Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017

Screening opinions – determination

12.—(1) When making a determination as to whether a project is an EIA project, the Scottish Ministers must—

(a) in all cases take into account—

(i) the information provided by the applicant;

(ii) such of the selection criteria set out in schedule 2 as are relevant to the project;

(iii) the available results of any relevant assessment; and

(b) where information is provided to them by virtue of regulation 10(1) and (2) or 11(4), base their determination on that information.

(2) Where the Scottish Ministers adopt a screening opinion—

(a) that screening opinion must be accompanied by a written statement giving, with reference to the selection criteria set out in schedule 2 as are relevant to the project, the main reasons for their conclusion; and

(b) where the screening opinion is to the effect that the project is not an EIA project, the statement referred to in paragraph (a) must state any features of the project or proposed measures envisaged to avoid or prevent significant adverse effects on the environment.

(3) As soon as possible after adopting a screening opinion the Scottish Ministers must send a copy of the screening opinion and a copy of the written statement referred to in paragraph (2) to the applicant.