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

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51.—(1) Subject to paragraph (2)—

(a)the definition of “the EIA Directive” in regulation 2 (interpretation); and

(b)regulation 11(2)(f) (form and content of applications for authorisation),

of the 2011 Regulations are revoked.

(2) The provisions of the 2011 Regulations listed in paragraph (1) continue to have effect as they did immediately before 16th May 2017 in respect of an application for authorisation under regulation 11(1) of the 2011 Regulations where the applicant has before that date—

(a)submitted the environmental information required under regulation 11(2) of the 2011 Regulations in connection with that application; or

(b)requested the Scottish Environment Protection Agency under regulation 11(4) of the 2011 Regulations to provide a scoping opinion in respect of the activities to which the application relates.

(3) These Regulations (other than this regulation) do not apply in respect of an application for consent for an EIA project to which the 2011 Regulations continue to have effect by virtue of paragraph (2).

(4) References in any enactment (including an Act of the Scottish Parliament or an instrument under such an Act) to the environmental information provided, or having effect as if provided, in accordance with registration 11(2) of the 2011 Regulations are treated as including a reference to an EIA report prepared in accordance with these Regulations.

(5) In this regulation “the 2011 Regulations” means the Water Environment (Controlled Activities) (Scotland) Regulations 2011(1).

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