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The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017

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PART 3PROCEDURES CONCERNING APPLICATIONS FOR REGULATORY APPROVALS

Application without prior screening

12.—(1) This regulation applies where it appears to the Scottish Ministers that—

(a)an application for a regulatory approval which is before them for determination is an application to carry out schedule 1 works or an application to carry out schedule 2 works;

(b)the works in question have not been the subject of a screening opinion; and

(c)the application is not accompanied by a report referred to by the applicant as an EIA report.

(2) Where this regulation applies the Scottish Ministers must adopt a screening opinion in respect of the proposed works to which the application for a regulatory approval relates.

(3) If it appears to the Scottish Ministers that the application for a regulatory approval is an application to carry out schedule 2 works but the Scottish Ministers do not consider that the information submitted by the applicant in connection with the application includes all the information referred to in regulation 10(2), the Scottish Ministers must seek from the applicant such information as they consider remains to be provided by giving notice to the applicant describing that information.

EIA application made without an EIA report

13.—(1) This regulation applies where an EIA application which is before the Scottish Ministers for determination is not accompanied by a report referred to by the applicant as an EIA report.

(2) Where this regulation applies the Scottish Ministers must notify the applicant, in writing, that the submission of an EIA report is required.

(3) Notice under paragraph (2) must be given—

(a)within 3 weeks beginning with the date on which the application is made; or

(b)where the Scottish Ministers adopt a screening opinion after the date on which the application is made under regulation 12(2), within 7 days beginning with the date of making of that screening opinion.

(4) An applicant who receives notice under paragraph (2) may, within the period of 3 weeks beginning with the date of the notice, write to the Scottish Ministers stating that an EIA report will be provided and may under regulation 14 ask the Scottish Ministers to adopt a scoping opinion.

(5) If the applicant does not write by virtue of paragraph (4), the Scottish Ministers are under no duty to deal with the application and, within the period of 3 weeks beginning with the date of the notice under paragraph (2), the Scottish Ministers must inform the applicant, in writing, that no further action is being taken on the application.

(6) If the applicant writes in accordance with paragraph (4), but does not provide an EIA report to the Scottish Ministers, then the Scottish Ministers are to determine the application only by refusing regulatory approval.

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