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

Screening decision

5.—(1) An application for a screening decision shall be accompanied by–

(a) a plan sufficient to identify the relevant land;

(b) a brief description of the nature, extent and purpose of the project and of its possible effects on the environment; and

(c) such other information or representations as the applicant may wish to provide or make.

(2) The Scottish Ministers shall notify the applicant of the date the application was received by them.

(3) If the Scottish Ministers consider that they do not have sufficient information to make the screening decision, they may request that the applicant supply any additional information they require.

(4) The Scottish Ministers shall decide in accordance with the selection criteria set out in Schedule 1 and paragraph (5) below whether a project is likely to have a significant effect on the environment.

(5) A project which the Scottish Ministers decide is likely to have a significant effect on a European site (either alone or in combination with other projects) and which is not directly connected with, or necessary to, the management of the site, shall be treated as likely to have a significant effect on the environment.

(6) The Scottish Ministers shall decide whether a project is a relevant project in accordance with the selection criteria set out in Schedule 1 within 35 days of the notified date and before reaching a screening decision, may consult with such of the consultation bodies as they think fit.

(7) The Scottish Ministers shall–

(a) notify the screening decision together with a statement giving the full reasons for the decision to the applicant;

(b) enter the screening decision in a public register which shall be publicly available for inspection at all reasonable times and may be made available in electronic form; and

(c) notify the screening decision to such of the consultation bodies as would, in their opinion, wish to be informed of it.

(8) If an applicant who has not been notified of a screening decision within the period specified in paragraph (6) above notifies the Scottish Ministers of the intention of that person to treat such failure to notify that applicant as a decision that the project is a relevant project, the Scottish Ministers shall be deemed to have decided that the project is a relevant project on the date the applicant so notifies them.

(9) If at any time after the Scottish Ministers have decided that a project is a relevant project under this regulation, they receive further information or representations which cause them to decide that the project is not a relevant project, they shall notify that decision and a statement giving the full reasons for the decision to the applicant and to the consultation bodies notified (in accordance with paragraph (7)(c) above) and shall enter the decision in the register referred to at paragraph (7)(b) above.

(10) If a project to which a screening decision relates has not been commenced (by the carrying out of a material act) before the expiry of three years from the notified date or the date it was deemed to have been decided in accordance with paragraph (8) above, that screening decision shall cease to have effect.

(11) In paragraphs (6) and (10) above, “the notified date” means–

(a) the date notified to the applicant in accordance with paragraph (2) above;

(b) the date on which additional information is requested in accordance with paragraph (3) above; or

(c) such date as may be agreed with the applicant,

as the case may be.