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The Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017

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Screening opinions – time period for decision

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11.—(1) Following an application for a screening opinion under regulation 10, the Scottish Ministers must adopt a screening opinion—

(a)as soon as possible, and in any event within a period of time not exceeding 90 days beginning with the date of receipt of the application; or

(b)where notice is given under paragraph (2), by the date specified in the notice as the date by which the Scottish Ministers are to adopt a screening opinion.

(2) Where the Scottish Ministers consider that due to exceptional circumstances relating to the nature, complexity, location or size of the project it is not practicable to adopt a screening opinion within the period of 90 days beginning with the date of receipt of the application, the Scottish Ministers may extend that period by notice in writing given to the person who made the application.

(3) Notice under paragraph (2) must state the Scottish Ministers’ justification for the extension and specify the date by which they are to adopt a screening opinion pursuant to the application.

(4) The Scottish Ministers must, if they consider that they have not been provided with sufficient information to adopt a screening opinion, notify in writing the person who made the application of the points on which they require further information.

(5) For the purposes of paragraph (1), the date on which an application for a screening opinion is taken to have been received is the date on which the last of the items or information required to be contained in or accompany an application for a screening opinion is received by the Scottish Ministers.

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