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

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Procedure to facilitate preparation of EIA reports

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15.—(1) An applicant who intends to submit an EIA report to the Scottish Ministers under these Regulations may give notice in writing to the Scottish Ministers under this paragraph.

(2) A notice under paragraph (1) must include the information necessary to identify the land and the nature and purpose of the project, and must indicate the main environmental consequences to which the applicant proposes to refer in the EIA report.

(3) Where the Scottish Ministers receive notice under paragraph (1) they must—

(a)notify the consultation bodies in writing of the name and address of the applicant and of the duty imposed on those bodies by paragraph (4) to make information available to the applicant; and

(b)inform in writing the applicant of the names and addresses of the bodies so notified.

(4) Subject to paragraphs (5) and (6), the Scottish Ministers and any body notified in accordance with paragraph (3) must, if requested by the applicant, enter into consultation with the applicant to determine whether the Scottish Ministers or the body have in their possession any information which the applicant or they consider relevant to the preparation of the EIA report, and the Scottish Ministers or body must make any such information available to the applicant.

(5) Paragraph (4) does not require disclosure of information which the Scottish Ministers or any body notified in accordance with paragraph (3)—

(a)may refuse to disclose under regulation 10(1) of the Environmental Information (Scotland) Regulations 2004(1); or

(b)are prevented from disclosing by regulation 11(2) of those Regulations.

(6) Paragraph (4) does not require disclosure of information which the Scottish Ministers or any body notified in accordance with paragraph (3)—

(a)may refuse to disclose under regulation 12(1) of the Environmental Information Regulations 2004(2); or

(b)are prevented from disclosing by regulation 13(1) of those Regulations.

(7) A reasonable charge reflecting the cost of making the relevant information available may be made by the Scottish Ministers or any body notified in accordance with paragraph (3) when making information available in accordance with paragraph (4).

(1)

S.S.I. 2004/520, as amended by S.S.I. 2013/127.

(2)

S.I. 2004/3391, as relevantly amended by S.I. 2015/1897.

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