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The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Scotland) Regulations 2007

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11.—(1) Where the Scottish Ministers receive–

(a)an application made under regulation 9 which includes an environmental statement; or

(b)further information supplied under regulation 10 or any other information provided by the applicant,

the Scottish Ministers shall publish by public advertisement, as soon as reasonably practicable, a notice complying with the requirements of paragraph (2).

(2) The notice shall contain the following information–

(a)the applicant’s name;

(b)a statement that the applicant has made an application or, as the case may be, supplied further or any other information, to the Scottish Ministers under these Regulations;

(c)a statement that the application is subject to an assessment of its effects on the environment pursuant to these Regulations;

(d)that the Scottish Ministers will take a decision on the application under these Regulations and a statement that the application may either be granted, whether or not subject to conditions, or refused;

(e)the address of the place in Scotland at which copies of the application and any further or other information, and any reports or advice which have been issued to the Scottish Ministers at that time, as the case may be, may be inspected;

(f)a statement that inspection of the application, any further or other information, and any reports or advice which have been issued to the Scottish Ministers may be undertaken at that place, without charge, and at any reasonable time during a period which shall not be less than eight weeks beginning with the date on which the notice is published;

(g)the address in Scotland from which copies of the application and any further or other information and any reports or advice which have been issued to the Scottish Ministers, may be obtained and, if a charge is made under paragraph (3) for the supply of copies, of the amount of the charge;

(h)a statement that any person who wishes to make representations to the Scottish Ministers regarding the application or regarding any further or other information or any reports or advice which have been issued to the Scottish Ministers, may do so in writing within the period specified under in sub paragraph (f); and

(i)the address in Scotland to which representations may be sent.

(3) A reasonable charge may be made for the provision of copies of the application or any further or other information or any reports or advice which have been issued to the Scottish Ministers, to any person who requests them.

(4) The Scottish Ministers shall send to such of the appropriate consultation bodies as they consider necessary and the owner (if the owner is not the applicant)–

(a)a copy of the application and, as soon as reasonably practicable, of any further or other information and of any reports or advice that have been issued to the Scottish Ministers; and

(b)a statement–

(i)that representations may be made to the Scottish Ministers regarding the application;

(ii)of the address in Scotland to which representations may be sent; and

(iii)of the period, being not less than eight weeks beginning with the date on which notice of the application is first published under paragraph (1), within which representations may be made.

(5) Where the Scottish Ministers are aware of any other person (including any non governmental organisation promoting environmental protection in marine waters) who is likely to have an interest in the application, but is unlikely to become aware of it by means of the public advertisement, the Scottish Ministers shall send a notice to such person containing the details set out in paragraph (2).

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