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

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Scoping opinion

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14.—(1) After obtaining a screening opinion that a project is an EIA project and before applying for consent for an EIA project, the applicant may request the Scottish Ministers to adopt a scoping opinion.

(2) A request under paragraph (1) must include—

(a)a plan sufficient to identify the land;

(b)a brief description of the nature and purpose of the project and of its likely impact on the environment; and

(c)such other information or representations as the person making the request may wish to provide or make.

(3) If the Scottish Ministers consider that they have not been provided with sufficient information to adopt a scoping opinion, they must within the period of 28 days beginning with the date of receipt of the request under paragraph (1) notify the person making the request of the points on which they require further information.

(4) The Scottish Ministers must not adopt a scoping opinion in response to a request under paragraph (1) until they have consulted the consultation bodies.

(5) Before adopting a scoping opinion, the Scottish Ministers must take into account—

(a)the specific characteristics of the particular project, including its location and technical capacity;

(b)the specific characteristics of the project of the type concerned; and

(c)the environmental features likely to be affected by the project.

(6) The Scottish Ministers must within the period of 35 days beginning with the date of receipt of that request under paragraph (1), or such longer period as they reasonably require, adopt a scoping opinion and send a copy to the person who made the request.

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