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

Regulation 2(1)

SCHEDULE 1 S DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”

Descriptions of development S

[F1 1.   The carrying] out of development to provide any of the following—

(1) nuclear generating station or other nuclear reactors (except research installation for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load);

(2) thermal generating station with a heat output of 300 megawatts or more; [F2 or]

(3) construction of overhead electrical power lines with a voltage of 220 kilovolts or more and a length of more than 15 [F3 kilometres.]

Textual Amendments

F1 Words in sch. 1 substituted (18.12.2017) by The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/451), regs. 1, 2(5)(a)

F2 Word in sch. 1 inserted (18.12.2017) by The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/451), regs. 1, 2(5)(b)

F3 Word in sch. 1 substituted (18.12.2017) by The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/451), regs. 1, 2(5)(c)

[F4 2.   Any] change to or extension (including a change in the manner or period of operation) of development listed in [F5 paragraph 1] of this schedule where such a change or extension in itself meets the thresholds, if any, or description of development set out in this schedule.

Textual Amendments

F4 Words in sch. 1 substituted (18.12.2017) by The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/451), regs. 1, 2(5)(d)

F5 Words in sch. 1 substituted (18.12.2017) by The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/451), regs. 1, 2(5)(e)

Regulation 2(1)

SCHEDULE 2 S DESCRIPTION OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”

[F6 1.   The carrying] out of development (other than development which is Schedule 1 development) to provide any of the following—

(1) a generating station; [F7 or]

(2) an electric line installed above ground—

(a) with a voltage of 132 kilovolts or more;

(b) in a sensitive area; or

(c) the purpose of which installation is to connect the electric line to a generating station the construction or operation of which requires consent under section 36 of the Electricity Act [F8 1989.]

Textual Amendments

F6 Words in sch. 2 substituted (18.12.2017) by The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/451), regs. 1, 2(6)(a)

F7 Word in sch. 2 inserted (18.12.2017) by The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/451), regs. 1, 2(6)(b)

F8 Word in sch. 2 substituted (18.12.2017) by The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/451), regs. 1, 2(6)(c)

[F9 2.   Any] change to or extension (including a change in the manner or period of operation) of development of a description listed in schedule 1 or in [F10 paragraph 1] of this schedule where that development is already authorised, executed, or in the process of being executed, and the change or extension may have significant adverse effects on the environment.

Textual Amendments

F9 Words in sch. 2 substituted (18.12.2017) by The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/451), regs. 1, 2(6)(d)

F10 Words in sch. 2 substituted (18.12.2017) by The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/451), regs. 1, 2(6)(e)

[F11 3.   For the purpose] of this schedule—

“marine protected area” means an area designated as—

(a)

a nature conservation marine protected area;

(b)

a demonstration and research marine protected area; or

(c)

a historic marine protected area,

by a designation order made by the Scottish Ministers under section 67 of the Marine (Scotland) Act 2010 M1 ;

“sensitive area” means any of the following:—

(a)

a site of special scientific interest;

(b)

land in respect of which an order has been made under section 23 (nature conservation orders) of the Nature Conservation (Scotland) Act 2004;

(c)

[F12 a European site within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2017;]

(d)

a World Heritage site;

(e)

a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 M2 ;

(f)

a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997 M3 ;

(g)

an area designated as a National Park by a designation order made by the Scottish Ministers under section 6(1) of the National Parks (Scotland) Act 2000 M4 ; and

(h)

a marine protected area;

“site of special scientific interest” has the same meaning as in section 58(1) of the Nature Conservation (Scotland) Act 2004 M5 ; and

“World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage M6 .

Textual Amendments

F11 Words in sch. 2 substituted (18.12.2017) by The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/451), regs. 1, 2(6)(f)

F12 Words in sch. 2 substituted (18.12.2017) by The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/451), regs. 1, 2(6)(g)

Marginal Citations

M1 2010 asp 5.

M2 1979 c.46.

M3 Section 263A was inserted by section 50 of the Planning etc. (Scotland) Act 2006 (asp 17).

M4 2000 asp 10.

M5 2004 asp 6, section 58(1) was relevantly amended by section 37(4)(a) of the Wildlife and Natural Environment (Scotland Act 2011 (asp 6).

M6 See Command Paper 9424.

Regulation 7(2)(a)

SCHEDULE 3 S SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT

Characteristics of development S

1.  The characteristics of development must be considered having regard, in particular, to—

(a) the size and design of the development;

(b) cumulation with other existing development and/or approved development;

(c) the use of natural resources, in particular land, soil, water and biodiversity;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of major accidents and/or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge;

(g) the risks to human health (for example due to water contamination or air pollution).

Location of development S

2.  The environmental sensitivity of geographical areas likely to be affected by development must be considered having regard, in particular, to—

(a) the existing and approved land use;

(b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands, riparian areas, river mouths;

(ii) coastal zones and the marine environment;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) European sites and other areas classified or protected under national legislation;

(vi) areas in which there has already been a failure to meet the environmental quality standards, laid down in [F13 retained EU law] and relevant to the project, or in which it is considered that there is such a failure;

(vii) densely populated areas;

(viii) landscapes and sites of historical, cultural or archaeological significance.

Textual Amendments

F13 Words in sch. 3 para. 2(c)(vi) substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 6(10) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

Characteristics of the potential impact S

3.  The likely significant effects of the development on the environment must be considered in relation to criteria set out in paragraphs 1 and 2 above, with regard to the impact of the development on the factors specified in regulation 4(3), taking into account—

(a) the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);

(b) the nature of the impact;

(c) the transboundary nature of the impact;

(d) the intensity and complexity of the impact;

(e) the probability of the impact;

(f) the expected onset, duration, frequency and reversibility of the impact;

(g) the cumulation of the impact with the impact of other existing and/or approved development;

(h) the possibility of effectively reducing the impact.

Regulations 5(2)(f) and 19(2)

SCHEDULE 4 S INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

1.  A description of the development, including in particular: S

(a) a description of the location of the development;

(b) a description of the physical characteristics of the whole development, including, where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases;

(c) a description of the main characteristics of the operational phase of the development (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;

(d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, [F14 radiation)] and quantities and types of waste produced during the construction and operation phases.

Textual Amendments

F14 Word in sch. 4 para. 1(d) substituted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 2(18)(a)

2.  A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the developer, which are relevant to the proposed development and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects. S

3.  A description of the relevant aspects of the current state of the environment (the “baseline scenario”) and an outline of the likely evolution thereof without implementation of the project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of relevant information and scientific knowledge. S

4.  A description of the factors specified in regulation 4(3) likely to be significantly affected by the development: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape. S

5.  A description of the likely significant effects of the development on the environment resulting from, inter alia: S

(a) the construction and existence of the development, including, where relevant, demolition works;

(b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

(c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

(d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);

(e) the cumulation of effects with other existing and/or approved development, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

(f) the impact of the development on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the development to climate change;

(g) the technologies and the substances used.

The description of the likely significant effects on the factors specified in regulation 4(3) should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium- term and long-term, permanent and temporary, positive and negative effects of the development. This description should take into account the environmental protection objectives established at Union [F15 level (as they had effect immediately before IP completion day) or United Kingdom level] which are relevant to the development including in particular those established under [F16 the law of any part of the United Kingdom that implemented] Council Directive [F17 92/43/EEC] and Directive 2009/147/EC.

Textual Amendments

F15 Words in sch. 4 para. 5 substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 6(11)(a)(i) (as amended by S.S.I. 2019/274, regs. 1, 2(4) and S.S.I. 2020/310, regs. 1, 2(2)(7)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in sch. 4 para. 5 inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 6(11)(a)(ii) (as amended by S.S.I. 2020/310, regs. 1, 2(2)(7)); 2020 c. 1, Sch. 5 para. 1(1)

F17 Word in sch. 4 para. 5 substituted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 2(18)(b)

6.  A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved. S

7.  A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis). That description should explain the extent, to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases. S

8.  A description of the expected significant adverse effects of the development on the environment deriving from the vulnerability of the development to risks of major accidents and/or disasters which are relevant to the project concerned. Relevant information available and obtained through risk assessments pursuant to [F18 retained EU law such as any law that implemented] Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom or relevant assessments may be used for this purpose provided that the requirements of [F19 any law that implemented] [F20 the Directive] are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies. S

Textual Amendments

F18 Words in sch. 4 para. 8 substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 6(11)(b)(i) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in sch. 4 para. 8 inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 6(11)(b)(ii) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in sch. 4 para. 8 substituted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 2(18)(c)

9.  A non-technical summary of the information provided under [F21 paragraphs] 1 to 8. S

Textual Amendments

F21 Word in sch. 4 para. 9 substituted (30.6.2017) by The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/168), regs. 1, 2(18)(d)

10.  A reference list detailing the sources used for the descriptions and assessments included in the EIA report. S