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PART 3LAND DRAINAGE

Prohibition on making improvement order without an environmental impact assessment

46.  The Scottish Ministers must not make an improvement order authorising an EIA project unless an environmental impact assessment has been carried out in respect of that project and in carrying out such an assessment they must take the environmental information into account.

Screening opinion for land drainage

47.—(1) Where paragraph (2) applies, an owner of agricultural land who, in relation to a project, proposes to apply for an improvement order must, before submitting that application, apply to the Scottish Ministers for a screening opinion.

(2) This paragraph applies where—

(a)the project, or any part of it, is to be carried out in a sensitive area; or

(b)the project is to be carried out wholly outside a sensitive area and the extent of the project exceeds 1 hectare.

(3) Where an application for a screening opinion is made under this regulation, regulations 10 to 12 apply.

Application of Part 2 to land drainage

48.  Where the applicant referred to in regulation 47 has obtained a screening opinion to the effect that the works to be authorised by the improvement order constitute an EIA Project—

(a)regulations 14 to 21 and regulation 22(2) to (6) apply to that applicant as if references to “consent for an EIA project” were to be read as references to “an improvement order authorising an EIA project”;

(b)regulations 24 to 28 apply to that applicant as if references to “consent for an EIA project” were to be read as references to “an improvement order authorising an EIA project”;

(c)regulations 34, 35, 36, 39, and 45 apply; and

(d)regulations 5 to 9, 13, 22(1), 29 to 33, 37 to 38 and 41 to 44 do not apply.