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

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Regulation 2(1)

SCHEDULE 2DESCRIPTIONS OF PROJECTS AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 WORKS”

This schedule has no associated Policy Notes

1.  In the table in paragraph 2—

“area of the works” means the area where activities which require regulatory approval are carried out; and

“controlled waters” has the same meaning as in section 30A(1) of the Control of Pollution Act 1974(1).

2.  The table below sets out the descriptions of projects and applicable thresholds and criteria for the purposes of classifying works as schedule 2 works.

TABLE

Column 1

Descriptions of projects

Column 2

Applicable thresholds and criteria

The carrying out of works to provide any of the following:—
1.  Agriculture and aquaculture
(a)Projects for the use of uncultivated land or semi‑natural areas for intensive agricultural purposes;The area of the works exceeds 0.5 hectare.
(b)Water management projects for agriculture, including drainage projects, but excluding irrigation projects;The area of the works exceeds 1 hectare.
(c)Intensive livestock installations (unless otherwise included in schedule 1);The area of the works exceeds 500 square metres.
(d)Intensive fish farming;(i)the installation resulting from the works is designed to produce more than 10 tonnes of dead fish weight per year;
(ii)where the works are situated in marine waters, the works are designed to hold a biomass of 100 tonnes or greater; or
(iii)the works will extend to 0.1 hectare or more of the surface area of the marine waters, including any proposed structures or excavations.
(e)Reclamation of land from the sea.All works.
2. Extractive industry
(a)Underground mining;All works except the construction of works where the area of the works does not exceed 1,000 square metres.
(b)Extraction of minerals by marine or fluvial dredging;All works.
(c)Deep drillings, in particular—(i)in relation to any type of drilling, the area of the works exceeds 1 hectare; or
(i)Geothermal drilling;(ii)in relation to geothermal drilling and drilling for the storage of nuclear waste material, the drilling is within 100 metres of any controlled waters.
(ii)Drilling for the storage of nuclear waste material;
(iii)Drilling for water supplies;
with the exception of drillings for investigating the stability of the soil;
(d)Surface industrial installations for the extraction of coal, petroleum, natural gas and ores, as well as bituminous shale.The area of the works exceeds 0.5 hectare.
3.  Energy industry
(a)Industrial installations for the production of electricity, steam and hot water (unless included in schedule 1);The area of the works exceeds 0.5 hectare.
(b)Industrial installations for carrying gas, steam and hot water;The area of the works exceeds 1 hectare.
(c)Transmission of electrical energy by overhead cables (unless included in schedule 1);(i)The area of the works exceeds 1 hectare;
(ii)the purpose of which installation is to connect the electric line to a generating station the construction or operation of requires consent under section 36 of the Electricity Act 1989; or
(iii)an electric line installed above ground with a voltage of 132 kilovolts or more, the installation of which (or the keeping installed of which) requires consent under section 37 of the Electricity Act 1989(2).
(d)Surface storage of natural gas;(i)the area of any building, deposit or structure exceeds 500 square metres; or
(e)Underground storage of combustible gases;(ii)a building, deposit or structure is to be sited within 100 metres of any controlled waters.
(f)Surface storage of fossil fuels;
(g)Industrial briquetting of coal and lignite;The area of the works exceeds 1,000 square metres.
(h)Installations for the processing and storage of radioactive waste (unless included in schedule 1);(i)the area of the works exceeds 1,000 square metres; or
(ii)the installation resulting from the works will require an authorisation or the variation of an authorisation under the Radioactive Substances Act 1993(3).
(i)Installations for hydroelectric energy production;The installation is designed to produce more than 0.5 megawatts.
(j)Installations for the harnessing of wind power for energy production (wind farms);(i)the works involves the installation of more than 2 turbines; or
(ii)the hub height of any turbine or height of any other structure exceeds 15 metres.
(k)Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to the CCS Directive from installations not referred to in schedule 1.All works.
4. Production and processing of metals
(a)Installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting;The area of the works exceeds 1,000 square metres.
(b)Installations for the processing of ferrous metals—
(i)hot‑rolling mills;
(ii)smitheries with hammers;
(iii)application of protective fused metal coats;
(c)Ferrous metal foundries;
(d)Installations for the smelting, including the alloyage, of non‑ferrous metals, excluding precious metals, including recovered products (refining, foundry casting, etc.);
(e)Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process;
(f)Manufacture and assembly of motor vehicles and manufacture of motor‑vehicle engines;
(g)Shipyards;
(h)Installations for the construction and repair of aircraft;
(i)Manufacture of railway equipment;
(j)Swaging by explosives;
(k)Installations for the roasting and sintering of metallic ores.
5.  Mineral industry
(a)Coke ovens (dry coal distillation);The area of the works exceeds 1,000 square metres.
(b)Installations for the manufacture of cement;
(c)Installations for the production of asbestos and the manufacture of asbestos‑based products (unless included in schedule 1);
(d)Installations for the manufacture of glass including glass fibre;
(e)Installations for smelting mineral substances including the production of mineral fibres;
(f)Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain.
6.  Chemical industry (unless included in schedule 1)
(a)Treatment of intermediate products and production of chemicals;The area of the works exceeds 1,000 square metres.
(b)Production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides;The area of the works exceeds 1,000 square metres
(c)Storage facilities for petroleum, petrochemical and chemical products.(i)The area of the works exceeds 0.05 hectare; or
(ii)more than 200 tonnes of petroleum, petrochemical or chemical products is to be stored at any one time.
7.  Food industry
(a)Manufacture of vegetable and animal oils and fats;The area of the works exceeds 1,000 square metres.
(b)Packing and canning of animal and vegetable products;
(c)Manufacture of dairy products;
(d)Brewing and malting;
(e)Confectionery and syrup manufacture;
(f)Installations for the slaughter of animals;
(g)Industrial starch manufacturing installations;
(h)Fish‑meal and fish‑oil factories;
(i)Sugar factories.
8.  Textile, leather, wood and paper industries
(a)Industrial plants for the production of paper and board (unless included in schedule 1);The area of the works exceeds 1,000 square metres.
(b)Plants for the pre‑treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibres or textiles;
(c)Plants for the tanning of hides and skins;
(d)Cellulose‑processing and production installations.
9.  Rubber industry
Manufacturing and treatment of elastomer- based products.The area of the works exceeds 1,000 square metres.
10.  Infrastructure projects
(a)Industrial estate development projects;The area of the works exceeds 0.5 hectare.
(b)Urban development projects, including the construction of shopping centres and car parks, sport stadiums, leisure centres and multiplex cinemas;
(c)Construction of intermodal transhipment facilities and of intermodal terminals (unless included in schedule 1);
(d)Construction of railways (unless included in schedule 1);The area of the works exceeds 1 hectare.
(e)Construction of airfields (unless included in schedule 1);(i)The works involves an extension to a runway; or
(ii)The area of the works exceeds 1 hectare.
(f)Construction of roads (unless included in schedule 1);The area of the works exceeds 1 hectare.
(g)Construction of harbours and port installations, including fishing harbours (unless included in schedule 1);
(h)Inland‑waterway construction not included in schedule 1, canalisation and flood‑relief works;
(i)Dams and other installations designed to hold water or store it on a long‑term basis (unless included in schedule 1);
(j)Tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport;
(k)Oil and gas pipeline installations and pipelines for the transport of carbon dioxide streams for the purposes of(i)The area of the work exceeds 1 hectare; or
geological storage (unless included in schedule 1);(ii)In the case of a gas pipeline, the installation has a design operating pressure exceeding 7 bar gauge.
(l)Installations of long‑distance aquaducts;
(m)Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works;All works.
(n)Groundwater abstraction and artificial groundwater recharge schemes not included in schedule 1;The area of the works exceeds 1 hectare.
(o)Works for the transfer of water resources between river basins not included in schedule 1;
(p)Motorway service areas.The area of the works exceeds 0.5 hectare.
11.  Other projects
(a)Permanent racing and test tracks for motorized vehicles;The area of the works exceeds 1 hectare.
(b)Installations for the disposal of waste (unless included in schedule 1);(i)The disposal is by incineration;
(ii)The area of the works exceeds 0.5 hectare; or
(iii)The installation is to be sited within 100 metres of any controlled waters.
(c)Waste‑water treatment plants (unless included in schedule 1);The area of the works exceeds 1,000 square metres.
(d)Sludge‑deposition sites;(i)The area of deposit or storage exceeds 0.5 hectare; or
(e)Storage of scrap iron, including scrap vehicles;(ii)A deposit is to be made or scrap stored within 100 metres of any controlled waters.
(f)Test benches for engines, turbines or reactors;The area of the works exceeds 1,000 square metres.
(g)Installations for the manufacture of artificial mineral fibres;
(h)Installations for the recovery or destruction of explosive substances;
(i)Knackers’ yards.
12.  Tourism and leisure
(a)Marinas;The area of the enclosed water surface exceeds 1,000 square metres.
(b)Holiday villages and hotel complexes outside urban areas and associated works;The area of the works exceeds 0.5 hectare.
(d)Theme parks;All works.
(d)Permanent camp sites and caravan sites;The area of the works exceeds 1 hectare.
(e)Golf courses and associated works.The area of the works exceeds 1 hectare.
13.
Any change to or extension of works of a description mentioned in paragraphs 1 to 12 of Column 1 of this table where those works are already authorised, executed or in the process of being executed.The thresholds and criteria in the corresponding part of Column 2 of this table applied to the works as changed or extended are met or exceeded and in such a case the change or extension may have significant adverse effects on the environment.
14.
Any change to or extension of works of a description mentioned in schedule 1 (other than a change or extension falling within paragraph 21 of schedule 1) where those works are already authorised, executed or in the process of being executed.The thresholds and criteria in Column 2 of the paragraph of this table indicated below applied to the works as changed or extended are met or exceeded and in such a case the change or extension may have significant adverse effects on the environment.

Paragraph in

schedule 1

Paragraph of this table
16(a)
2(1)3(a)
2(2)3(h)
33(h)
44
55
66(a)
7(1)10(d) (in relation to railways) or 10(e) (in relation to airports)
7(2) and (3)10(f)
8(1)10(h)
8(2)10(g)
911(b)
1011(b)
1110(n)
1210(o)
1311(c)
142(e)
1510(i)
1610(k)
178(a)
186(c)
193(k)
203(k)
15.
Works of a description mentioned in schedule 1, undertaken exclusively or mainly for the development and testing of new methods or products and not used for more than two years.All works.
(1)

1974 c.40. Section 30A was inserted by the Water Act 1989 (c.15), schedule 23, paragraph 4 and amended by the Environment Act 1995 (c.25), schedule 22, paragraph 29(2), and schedule 24.

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