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PART 3ENVIRONMENTAL REGULATION

CHAPTER 1REGULATIONS FOR PROTECTING AND IMPROVING THE ENVIRONMENT

16General purpose: protecting and improving the environment

(1)The purpose of this Chapter is to enable provision to be made for or in connection with protecting and improving the environment, including (without prejudice to that generality)—

(a)regulating environmental activities,

(b)implementing EU obligations, and international obligations, relating to protecting and improving the environment.

(2)In subsection (1), “international obligations” means any international obligations of the United Kingdom other than obligations to observe and implement EU obligations.

17Meaning of expressions used in section 16 and schedule 2

(1)Expressions used in section 16 have the following meanings for the purposes of this Chapter—

(2)In subsection (1)—

(3)In schedule 2 (introduced by section 18), “regulated activities” means any environmental activities in respect of which regulations under that section make provision.

18Regulations relating to protecting and improving the environment

(1)The Scottish Ministers may by regulations make provision for any of the purposes specified in Part 1 of schedule 2.

(2)Part 2 of that schedule has effect for supplementing Part 1 of the schedule.

(3)In accordance with section 16, the provision that may be made by regulations under this section is provision for or in connection with protecting and improving the environment, including any of the matters mentioned in paragraph (a) or (b) of subsection (1) of that section.

19Regulations relating to protecting and improving the environment: consultation

(1)Before making any regulations under section 18, the Scottish Ministers must consult—

(a)any regulator on whom the proposed regulations would confer functions, and

(b)such other persons as they think fit, including such persons appearing to them to be representative of the interests of local government, industry, agriculture, fisheries or small businesses as they consider appropriate.

(2)Consultation undertaken before the coming into force of this section is as effective compliance with subsection (1) as if undertaken after its coming into force.

(3)In subsection (1), “regulator” is to be construed in accordance with paragraph 3(1) of schedule 2.