The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017

Citation and commencement

1.  These Regulations may be cited as the Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017 and come into force on 18th December 2017.

Amendment of the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017

2.—(1) The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017(1) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “EIA development” substitute—

““EIA development” means—

(a)

in the case of an application for Electricity Act consent, development which is either—

(i)

Schedule 1 development; or

(ii)

Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location; and

(b)

in the case of a variation application, a proposed variation which is either—

(i)

Schedule 1 development; or

(ii)

Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location;”;

(b) after the definition of “multi-stage consent” insert—

““proposed variation” has the meaning given in regulation 28(3);”;

(c) in the definition of “Schedule 1 development” for “of a description set out” substitute—

“, or a change to or extension of development, described”; and

(d) in the definition of “Schedule 2 development” for “of a description set out” substitute—

“, or a change to or extension of development, described”.

(3) In regulation 28 (application of Regulations to variation applications)—

(a) for paragraph (1) substitute—

“(1) The Scottish Ministers must not—

(a) in relation to a variation application in respect of EIA development, vary the relevant section 36 consent; or

(b) when varying a section 36 consent, direct that planning permission is deemed to be granted under section 57(2) or (2ZA) of the 1997 Act in respect of EIA development,

unless an environmental impact assessment has been carried out in respect of the proposed variation and in carrying out such an assessment the Scottish Ministers must take the environmental information into account.

(1A) These Regulations, other than regulation 3, apply in relation to a variation application as they apply in relation to an application for consent under section 36 of the Electricity Act 1989 with the modifications specified in paragraph (2).”.

(b) in paragraph (2)—

(i) for sub-paragraph (a) substitute—

“(a) references (however worded)—

(i) to an application for a section 36 consent or Electricity Act consent are to be treated, other than in regulation 2, as if they are references to a variation application;

(ii) to an EIA application are to be treated as if they are references to a variation application for EIA development;

(iii) to the proposed development and to the development in respect of which the application for a section 36 consent relates are to be treated, other than in schedules 1 and 2, as references to the proposed variation to which the variation application relates; and

(iv) to the grant of consent are to be treated as if they are references to the variation of a section 36 consent;”; and

(ii) in sub-paragraph (c)(i) after “proposed” insert, “varied”; and

(c) in paragraph (3) before the definition of “proposed varied development” insert—

““proposed variation”, in relation to a variation application, means the proposed change to (including a proposed change in the manner or period of operation), or the proposed extension of, the development—

(a)

authorised by the relevant section 36 consent; or

(b)

in respect of which a section 57 direction has been given in connection with that relevant section 36 consent;”.

(4) In regulation 36(2) (co-ordination of assessments)—

(a) for “61” substitute, “63”; and

(b) for “2010” substitute, “2017”.

(5) In schedule 1 (descriptions of development for the purposes of the definition of “Schedule 1 development”)—

(a) for “The carrying” substitute, “1. The carrying”;

(b) after paragraph (2) insert, “or”;

(c) for “kilometres; or” substitute, “kilometres.”;

(d) for “(4) any” substitute, “2. Any”; and

(e) for “paragraphs (1) to (3)” substitute, “paragraph 1”.

(6) In schedule 2 (descriptions of development for the purposes of the definition of “Schedule 2 development”)—

(a) for “The carrying” substitute, “1. The carrying”;

(b) after paragraph (1) insert, “or”;

(c) for “1989; or” substitute, “1989.”;

(d) for “(3) any” substitute, “2. Any”;

(e) for “paragraphs (1) or (2)” substitute, “paragraph 1”;

(f) for “For the purpose” substitute, “3. For the purpose”; and

(g) in the definition of “sensitive area” for sub-paragraph (c) substitute—

“(c) a European site within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2017(2);”.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th December 2017