Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Enforcement notices

This section has no associated Policy Notes

3.—(1) The Commissioners may serve an enforcement notice on a person who is carrying out, or has carried out, work in connection with a forestry project, where it appears to them that the forestry project is an EIA forestry project and that the work is being, or has been, carried out—

(a)without EIA consent, where such consent is required by virtue of regulation 3(1); or

(b)(where EIA consent has been granted) in breach of a condition subject to which the EIA consent was granted.

(2) An enforcement notice may require the notified person to take one or more of the following measures:—

(a)apply to the Commissioners for EIA consent;

(b)discontinue work in relation to the EIA forestry project;

(c)restore the land to its condition before any work in relation to the EIA forestry project was carried out;

(d)carry out on the land any works or operations specified in the enforcement notice which the Commissioners reasonably consider to be necessary in order to—

(i)secure compliance with a condition, subject to which EIA consent was granted; or

(ii)prevent, reduce or off-set any significant adverse effects on the environment as a result of the EIA forestry project.

(3) An enforcement notice must specify the time period during which any of the measures in sub-paragraph (2)(a), (c) or (d) must be taken and may specify different time periods for different measures.

(4) Where an enforcement notice is served pursuant to sub-paragraph (1), the Commissioners must serve the notified person with a written explanation of how, to whom and within what time period an appeal may be brought and whether or not the enforcement notice will be suspended while the appeal is pending either—

(a)in, or accompanying, the enforcement notice; or

(b)separately but as soon as practicable after service of the enforcement notice.

(5) Where an enforcement notice is served pursuant to sub-paragraph (1)(a), the Commissioners must (in addition to the requirements of sub-paragraph (4)), serve the notified person with a written statement of their reasons for considering that the forestry project is an EIA forestry project either—

(a)in, or accompanying, the enforcement notice; or

(b)separately but as soon as practicable after service of the enforcement notice.

(6) The Commissioners may, at any time—

(a)withdraw an enforcement notice; or

(b)vary an enforcement notice by means of a further notice served on the notified person.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources