Explanatory Notes

Environmental Assessment (Scotland) Act 2005 (asp15)

2005 asp 15

14 December 2005

The Act – Section by Section

Part 3 – Post-Adoption Procedures

Section 18 – Information as to adoption of a qualifying plan or programme

40.As soon as is reasonably practicable after the adoption of the plan or programme the Responsible Authority must publicise it. This has to include publication in at least one newspaper circulating in the area to which the plan or programme relates. A clear statement explaining why a particular approach was adopted must also be made available. Section 18(3) sets out what this statement should include:- how environmental considerations have been integrated; how the environmental report and consultation responses have been taken into account; the reasons for choosing the selected approach over the alternatives considered; and the arrangements for monitoring the significant environmental effects of the plan or programme.

Section 19 – Monitoring the implementation of qualifying plans and programmes

41.The Responsible Authority is placed under a duty to monitor the implementation of the plan or programme to identify and address any unforeseen adverse environmental effects.