The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002

Transborder projects

12.—(1) In the case of a transborder project where the greater part of the relevant land is situated in Scotland, the Scottish Ministers shall consult the appropriate consultation bodies before making a screening decision under regulation 5(6), giving a scoping opinion under regulation 7(5) or granting or refusing consent under regulation 13.

(2) Subject to paragraph (4) below, in the case of a transborder project where the greater part of the relevant land is situated in England, that project shall be subject only to regulation by the England Regulations.

(3) If so requested by a consultation body and if the other consultation bodies agree, the Scottish Ministers may, in relation to a transborder project where the greater part of the relevant land is situated in Scotland, request the Secretary of State that only the England Regulations will apply to it.

(4) A transborder project to which paragraph (2) above applies shall, notwithstanding that paragraph, be subject to these Regulations–

(a) where the Scottish Ministers request that it should be only subject to these Regulations; and

(b) if the Secretary of State, following consultation with the appropriate consultation bodies, agrees.

(5) In this regulation–

• “appropriate consultation bodies” has the same meaning as consultation bodies in the England Regulations;

• “the England Regulations” means the Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) Regulations 2001(1); and

• “the greater part of the relevant land is situated in Scotland” includes land whose area is situated equally within each of Scotland and England.

(1)

S.I. 2001/ 3966.