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

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Request as to the information to be included in an environmental statement

9.—(1) Before applying for consent to carry out work in relation to a project, a proposer may request the Commissioners to give their opinion as to the information to be contained in the environmental statement required for that project.

(2) Where a proposer requests an opinion under paragraph (1) above before a determination has been made whether the project is or would be a relevant project, the Commissioners shall deal with the request as if the project is a relevant project.

(3) Before giving an opinion under paragraph (1) above, the Commissioners shall consult the proposer, the countryside bodies and any relevant local authority.

(4) The Commissioners shall, within a period of five weeks beginning with the date of the receipt of the request or such longer period as may be agreed in writing with the proposer, give their opinion under paragraph (1) above and shall send a copy to the proposer.

(5) Where the Commissioners fail to give their opinion under paragraph (1) above within the relevant period, the proposer may request the Scottish Ministers to make a direction as to the information to be contained in the environmental statement required for the project.

(6) Before making a direction under paragraph (5) above, the Scottish Ministers shall consult the proposer, the countryside bodies and any relevant local authority.

(7) The Scottish Ministers shall, within a period of five weeks beginning with the date of the receipt of the request or such longer period as may be required for the purpose, make a direction under paragraph (5) above and shall send a copy to the proposer and to the Commissioners.

(8) In paragraphs (3) and (6), “relevant local authority” means a local authority for the area in which it is proposed to carry out the project which appears to the Commissioners or, as the case may be, the Scottish Ministers to have an interest in the issue of what information the environmental statement should contain.

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