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

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  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Interpretation

  4. 2A.Environmental impact assessment

  5. 3.Pre-application documentation

  6. 4.Provision of environmental information

  7. 5. EIA application and screening decision

  8. 6.Scoping opinion

  9. 7.Form of application

  10. 8.Documents accompanying application

  11. 9.Environmental impact assessment report

  12. 10.Plans, sections and book of reference

  13. 11.Deposit of copy application etc. with others

  14. 12.Publicity for application

  15. 13.Notices to owners, occupiers etc.

  16. 14.Developments likely to have significant effects on the environment of another part of the United Kingdom or certain other states

  17. 15.Further information and notices

  18. 15A.Co-ordination of assessments

  19. 16.Waiver of requirements in relation to applications

  20. 17.Fees for applications

  21. 18.Orders made by the Scottish Ministers by virtue of section 6

  22. 19.Objections: general

  23. 20.Notice of objections

  24. 21.Application of written representations procedure

  25. 22.Procedure by written representations

  26. 23.Submission of objections to inquiry or hearing

  27. 24.Making of representations

  28. 25.Power to set later time limits

  29. 26.Competent authority – avoidance of conflict of interest

  30. Signature

    1. SCHEDULE 1

      INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

      1. 1.A description of the proposed project, including in particular—

      2. 2.A description of the reasonable alternatives (for example in terms...

      3. 3.A description of the relevant aspects of the current state...

      4. 4.A description of the factors specified in rule 2A(3) likely...

      5. 5.A description of the likely significant effects of the proposed...

      6. 6.The description of the likely significant effects on the factors...

      7. 7.A description of the forecasting methods or evidence used to...

      8. 8.A description of the measures envisaged to avoid, prevent, reduce...

      9. 9.A description of the expected significant adverse effects of the...

      10. 10.A non-technical summary of the information provided under points 1...

      11. 11.A reference list detailing the sources used for the descriptions...

    2. SCHEDULE 2

      FORMS OF NOTICE

      1. Form 1

      2. Form 2

      3. Form 3

      4. Form 4

      5. Form 5

    3. SCHEDULE 3

      THOSE TO BE SERVED WITH A COPY OF THE APPLICATION AND DOCUMENTS

    4. SCHEDULE 4

      THOSE TO BE SERVED WITH NOTICE OF APPLICATION

    5. SCHEDULE 5

      PROPOSALS FOR ORDERS BY VIRTUE OF SECTION 6

      1. 1.In this Schedule “the publication date” means the date of...

      2. 2.Where by virtue of this Schedule any provisions of these...

      3. 3.When the Scottish Ministers propose to make an order by...

      4. 4.If the project is of a type mentioned in–

      5. 5.Where the project is of a type mentioned in Annex...

      6. 6.Any body falling within rule 5(11) consulted pursuant to paragraph...

      7. 7.In reaching a determination as to whether an environmental impact...

      8. 8.(1) Where the Scottish Ministers make a determination pursuant to...

      9. 9.Where the Scottish Ministers have determined that an environmental impact...

      10. 10.Where any body consulted pursuant to paragraph 9 wishes to...

      11. 11.Where, following completion of any necessary action pursuant to paragraphs...

      12. 11A.Where the Scottish Ministers have determined that an environmental impact...

      13. 12.The Scottish Ministers shall publish, in at least one newspaper...

      14. 12A.Where the Scottish Ministers have determined that an environmental impact...

      15. 13.The places referred to in paragraph 12(b) shall include a...

      16. 14.The Scottish Ministers shall, as soon as possible after the...

      17. 15.The Scottish Ministers shall, as soon as possible after the...

      18. 16.The documents to be served by virtue of paragraph 14,...

      19. 17.The Scottish Ministers may, if the Scottish Ministers consider it...

      20. 18.Where the proposed order would authorise the works or other...

      21. 19.Where the Scottish Ministers have determined that an environmental impact...

      22. 20.The Scottish Ministers shall not be obliged by virtue of...

      23. 21.Where the proposed order includes works or other matters specified...

      24. 22.Where the proposed order makes any provision–

      25. 23.Where the proposed order would authorise works, the Scottish Ministers...

      26. 24.Where the proposed order would authorise any of the matters...

      27. 25.The Scottish Ministers shall take all reasonable steps to ensure...

      28. 26.The Scottish Ministers shall supply a copy of any document...

      29. 27.Where paragraph 16(i) applies, the Scottish Ministers shall, as soon...

      30. 28.Where pursuant to rule 10(9), as applied by paragraph 16(i),...

      31. 29.Where it appears to the Scottish Ministers that the proposed...

      32. 30.(1) This paragraph shall apply where– (a) it appears to...

      33. 31.(1) Where after serving a copy of anyEIA report under...

      34. 32.Subject to paragraphs 33 and 34, the Scottish Ministers may,...

      35. 33.The Scottish Ministers shall not waive any provisions of paragraphs...

      36. 34.Where the Scottish Ministers decide to waive any provisions of...

      37. 35.(1) Subject to sub paragraph (2), an objection made in...

      38. 36.The Scottish Ministers may, upon request, provide any person with...

      39. 37.The Scottish Ministers may, for the purpose of determining whether...

      40. 38.The Scottish Ministers may disregard any comments that are not...

      41. 39.Where the Scottish Ministers cause a public local inquiry or...

      42. 40.Paragraphs 35, 36 and 39 shall apply to the making...

      43. 41.Rule 4 has effect in relation to any proposal of...

  32. Explanatory Note

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