The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017

Substitution of rule 9

9.  For rule 9 (environmental statements: provision of information) substitute—

“Environmental impact assessment report

9.— (1) An EIA application must be accompanied by an environmental impact assessment report (“EIA report”).

(2) An EIA report is a report prepared in accordance with this rule by the applicant which assesses the environmental impact of the proposed works that are the subject of the application and which includes (at least)—

(a) a description of the works comprising information on the site, design, size and other relevant features of the works;

(b) a description of the likely significant effects of the works on the environment;

(c) a description of the features of the works and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;

(d) a description of the reasonable alternatives studied by the applicant, which are relevant to the works and their specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the works on the environment;

(e) a non-technical summary of the information referred to in sub-paragraphs (a) to (d); and

(f) any other information specified in schedule 1 relevant to the specific characteristics of the works and to the environmental features likely to be affected.

(3) Where a scoping opinion has been issued, the EIA report must be based on that scoping opinion and must include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects of the works on the environment, taking into account current knowledge and methods of assessment.

(4) With a view to avoiding duplication of assessments, account is to be taken of the available results of other relevant assessments under Union legislation or national legislation in preparing the EIA report.

(5) In order to ensure the completeness and quality of the EIA report—

(a) the applicant must ensure that the EIA report is prepared by competent experts; and

(b) the EIA report must be accompanied by a statement from the applicant outlining the relevant expertise of such experts.”.