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

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Requests for a screening opinion

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10.—(1) An applicant may request the Scottish Ministers to adopt a screening opinion.

(2) A request for a screening opinion under paragraph (1) must include—

(a)a description of the location of the proposed works, including a plan sufficient to identify the area in which the works are proposed to be sited;

(b)a description of the proposed works, including in particular—

(i)a list of all of the regulated activities which are proposed;

(ii)a description of the physical characteristics of the proposed works and, where relevant, works to be decommissioned; and

(iii)a description of the location of the proposed works, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(c)a description of the aspects of the environment likely to be significantly affected by the proposed works; and

(d)a description of any likely significant effects, to the extent of the information available on such effects, of the proposed works on the environment resulting from either, or both, of the following:—

(i)the expected residues and emissions and the production of waste, where relevant;

(ii)the use of natural resources, in particular soil, land, water and biodiversity.

(3) A request for a screening opinion may, in addition to the information required in accordance with paragraph (2), also be accompanied by a description of any features of the proposed works or proposed measures envisaged to avoid or prevent significant adverse effects on the environment.

(4) The information referred to in paragraph (2) is to be compiled taking into account, where relevant—

(a)the selection criteria set out in schedule 3; and

(b)the available results of any relevant assessment.

(5) The Scottish Ministers, on receiving a request for a screening opinion under paragraph (1), may consult such of the consultation bodies as the Scottish Ministers consider appropriate, as to the views of the consultation body or bodies on whether the proposed works are an EIA project unless the applicant has already conveyed the views of the body or bodies to the Scottish Ministers.

(6) Where a consultation body is consulted by the Scottish Ministers under paragraph (5) it must give its views to the Scottish Ministers within—

(a)a period of 3 weeks beginning on the date on which it was so consulted; or

(b)such longer period as the Scottish Ministers may determine.

(7) The Scottish Ministers, on receiving a request for a screening opinion under paragraph (1), must, if they consider that they have not been provided with sufficient information to adopt a screening opinion, notify the applicant, in writing, of the points on which they require further information.

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