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The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017

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Requests for scoping directions by the Scottish Ministers

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16.—(1) The Scottish Ministers may make a scoping direction under this regulation either—

(a)of their own volition; or

(b)where requested to do so pursuant to regulation 15(8).

(2) A request made pursuant to regulation 15(8) must include—

(a)a copy of the relevant request to the Commissioners under regulation 15(1);

(b)a copy of any relevant notification under regulation 15(3) and of any response;

(c)a copy of any relevant screening opinion received by the applicant and of any accompanying statement of reasons; and

(d)any representations that the applicant wishes to make.

(3) When an applicant makes a request pursuant to regulation 15(8), that applicant must send to the Commissioners a copy of that request, but that copy need not include the matters mentioned in paragraph (2)(a) to (c).

(4) The Scottish Ministers must notify the applicant in writing of any points on which they consider the information provided is insufficient to enable them to make a scoping direction and may request the Commissioners to provide such information as they can on any of those points.

(5) Before making a scoping direction the Scottish Ministers must—

(a)consult—

(i)the applicant who made the request; and

(ii)the consultation bodies; and

(b)take into account the matters specified in regulation 15(5).

(6) The Scottish Ministers must, within the period of 35 days beginning with the date of receipt of that request or such longer period as they may reasonably require, make a scoping direction and send a copy to the person who made the request and to the Commissioners.

(7) Where the Scottish Ministers have made a scoping direction in response to a request under regulation 15(8), neither they nor the Commissioners are precluded from requiring the applicant to submit additional information in connection with any EIA report that may be submitted by that applicant pursuant to an EIA application relating to the same forestry project.

(8) A scoping direction supersedes the terms of an earlier scoping opinion or scoping direction.

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