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

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Environmental impact assessment

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4.—(1) An environmental impact assessment is a process consisting of—

(a)the preparation of an EIA report by the applicant;

(b)the carrying out of consultation, publication and notification as required by regulations 17 and 18 and, where relevant, regulations 19 and 20;

(c)the examination by the Scottish Ministers of the information presented in the EIA report and any other environmental information;

(d)the reasoned conclusion by the Scottish Ministers on the significant effects of the project on the environment, taking into account the results of the examination referred to in sub-paragraph (c) and, where appropriate, their own supplementary examination; and

(e)the integration of that reasoned conclusion into the decision notice in accordance with regulation 22.

(2) The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of the circumstances relating to the project, the direct and indirect significant effects of the project (including, where the project will have operational effects, those operational effects) on the factors specified in paragraph (3) and the interaction between those factors.

(3) The factors are—

(a)population and human health;

(b)biodiversity, and in particular species and habitats protected under the Habitats Directive and Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(1);

(c)land, soil, water, air and climate;

(d)material assets, cultural heritage and the landscape.

(4) The effects to be identified, described and assessed under paragraph (2) include the expected effects deriving from the vulnerability of the project to risks, so far as relevant to the project, of major accidents and disasters.

(5) Unless paragraph (6) applies, the environmental impact assessment to be carried out in relation to an application for consent for an EIA project, or an improvement order authorising an EIA project, as the case may be, must identify the likely significant effects of the project on the environment before a decision to grant consent for that project is made.

(6) This paragraph applies where the Scottish Ministers—

(a)consider that the likely significant effects of the project on the environment are not fully identifiable at the time of their determination of the application for consent under these Regulations, or for an improvement order authorising an EIA project, as the case may be; and

(b)are minded to grant the consent, or make the improvement order, as the case may be, subject to a condition that all or part of the project must not commence before certain matters in implementation of that consent or improvement order, have been approved.

(7) The Scottish Ministers must ensure that they have, or have access as necessary to, sufficient expertise to examine the EIA report.

(1)

OJ L 20, 26.1.2010, p.7.

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