The Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999

Directions by the Scottish Ministers

7.—(1) The proposer may apply in writing to the Scottish Ministers for a direction whether a project is a relevant project where–

(a) the Commissioners give notice of their opinion under regulation 6(1) or regulation 6(5) that the project is or would be a relevant project; or

(b) the Commissioners fail to give notice of their opinion within the period of time required by regulation 6(1).

(2) An application under paragraph (1) above shall be accompanied by, or by copies of–

any application by the proposer to the Commissioners under regulation 5(1) and any documents supplied to the Commissioners by the proposer in connection with that application, and

(b) in a case falling within paragraph (1)(a) above, the opinion of the Commissioners and any written statement of reasons which they provided with it,

and may include such further information or representations as the proposer may wish to provide or make.

(3) Where the Scottish Ministers consider that the documents supplied under paragraph (2) above do not provide sufficient information to enable a direction to be given, the Scottish Ministers–

(a) shall notify the proposer in writing of the matters on which further information is required; and

(b) may seek further information on those matters from the Commissioners and the Commissioners shall supply that further information to the Scottish Ministers if it is in their possession.

(4) The Scottish Ministers shall give a direction within 28 days (or such longer period as they may reasonably require) beginning with–

(a) the date of receipt of the application under paragraph (1) above; or

(b) where the Scottish Ministers have required or sought further information under paragraph (3) above, the date of receipt by them of that information.

(5) Subject to paragraph (6), in considering, for the purpose of deciding on a direction, whether the project is likely to have significant effects on the environment, the Scottish Ministers shall take into account the selection criteria in Schedule 3.

(6) In a case where the project does not exceed any relevant threshold set out in Schedule 2, the Scottish Ministers shall make its decision in accordance with regulation 3(3) except where, in its opinion, there are exceptional circumstances which, taking account of the selection criteria in Schedule 3, make it likely that the project will have significant effects on the environment.

(7) The Scottish Ministers shall provide the proposer and the Commissioners with a written statement of the direction including, where the direction is that the project is or would be a relevant project, the reasons for that direction.

(8) The Scottish Ministers may, in the absence of an application, give a direction whether or not a project is or would be a relevant project and where a direction is given under this paragraph–

(a) a written statement of the direction shall be provided to the Commissioners and to any person who reasonably appears to the Scottish Ministers to be the proposer; and

(b) paragraphs (5), (6), (7) and (9) of this regulation shall apply as they do to a direction given in relation to an application under paragraph (1).

(9) In paragraph (6), the reference to circumstances which are, in the opinion of the Scottish Ministers, exceptional shall be construed in accordance with paragraph 4 of Schedule 2.