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The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017

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Procedure where Scottish Ministers receive an EIA report

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16.—(1) Where a developer submits to the Scottish Ministers an EIA report relating to an application for an Electricity Act consent, the developer must—

(a)send a copy of the EIA report to the planning authority and must inform the Scottish Ministers of the date on which the developer did so; and

(b)if the developer sends a copy of the EIA report to any consultation body (whether under subparagraph (a) or otherwise), the developer must—

(i)send with it a copy of the application to which the EIA report relates and of any plan submitted with it (unless those documents have already been sent to the consultation body in question);

(ii)inform the consultation body that representations may be made to the Scottish Ministers; and

(iii)inform the Scottish Ministers of the name of every consultation body to which the developer has sent a copy of the EIA report and the date on which the developer did so.

(2) Where the Scottish Ministers receive an EIA report in connection with an application for an Electricity Act consent they must, within two weeks of receiving the EIA report—

(a)give notice containing the information specified in paragraph (3) to—

(i)the consultation bodies to which the developer has not sent a copy of the EIA report; and

(ii)any other public body which in their opinion is likely to be concerned by the proposed development by reason of that body’s specific environmental responsibilities or local and regional competencies; and

(b)give the developer notice of the names and addresses of the consultation bodies or other public bodies to which notice is given under sub paragraph (a).

(3) The information is—

(a)a brief description of the nature of the proposed development;

(b)that an application for Electricity Act consent has been made in respect of that proposed development;

(c)that an EIA report will be taken into consideration in determining the application;

(d)that the developer is to provide a copy of the EIA report to the consultation body or other public body; and

(e)how and by what date (being a date not earlier than 30 days after the EIA report is sent by the developer) representations may be made to the Scottish Ministers.

(4) The developer must—

(a)send to any consultation body or other public body named in the notice given to the developer under paragraph (2)(b)—

(i)a copy of the EIA report submitted to the Scottish Ministers; and

(ii)a copy of the application to which that EIA report relates and of any plan submitted with the application (unless those documents have already been sent to the body in question); and

(b)inform the Scottish Ministers of the date on which the developer did so.

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