(This note is not part of the Regulations)
These Regulations implement Council Directive 85/337/EEC (O.J. No. L 175, 5.7.85, p.40) as amended by Council Directive 97/11/EC (O.J. No. L 73, 14.3.97, p.5) on the assessment of certain public and private projects on the environment insofar as it relates to applications for consent to construct, extend or operate a power station or install or keep installed overhead electricity lines under sections 36 and 37 of the Electricity Act 1989.
These Regulations revoke Parts I, III and VII of the Environmental Assessment (Scotland) Regulations 1988 (as amended by the Environmental Assessment (Scotland) Regulations 1994, the Special Waste Regulations 1996 and the Environmental Assessment (Scotland) Regulations 1997) (“the 1988 Regulations”), subject to savings in respect of applications for consent which are received prior to 25th September 2000.
The 1988 Regulations, implemented Directive 85/337/EEC in its original form. These Regulations substantially remake the provisions of the 1988 Regulations, with the amendments necessary to implement Directive 97/11/EC.
The main changes made by Directive 97/11/EC that are relevant to these Regulations are as follows–
a
overhead electrical power lines with a voltage of 220 kilovolts or more and a length of more than 15 kilometres have been added to the list of projects for which environmental impact assessment (EIA) is mandatory;
b
a case by case examination or determination set by reference to specified criteria is required in relation to every project of the extended types specified in Annex II to the Directive (Schedule 2 to these Regulations);
c
advice on the content of an environmental statement must be given to any developer who requests it;
d
the Scottish Ministers (a competent authority for the purposes of the Directive) must give reasons for their decision on granting or refusing development consent for a development for which EIA is required; and
e
detailed procedures are established for consulting other European Economic Area States on projects which are likely to have significant environmental effects in their territories.
Regulations 3 and 4 of these Regulations (together with certain definitions in regulation 2(1) and with Schedules 1 and 2) set out what constitutes EIA development and prohibit the granting of consent under section 36 or 37 of the Electricity Act 1989 unless the Scottish Ministers have taken into account the environmental information (defined in regulation 2) which is before them. All development listed in Schedule 1 is EIA development. Development listed in Schedule 2 constitutes EIA development if it is likely to have significant effects on the environment.
Regulations 5 and 6 set out the procedures for determining whether or not particular development is EIA development. A person who intends to put in an application for consent may apply for a “screening opinion” from the Scottish Ministers. If the Scottish Ministers determine that the development does not constitute EIA development, they must notify the developer and provide a written statement, giving full reasons for their determination.
Regulation 7 enables a person to seek a “scoping opinion” from the Scottish Ministers on the information to be included in an environmental statement. The types of information which may be required are set out in Schedule 4 to these Regulations. The Scottish Ministers must consult those persons defined in regulation 2 as consultative bodies before adopting a scoping opinion.
Regulation 8 sets out procedures to facilitate the production of an environmental statement. The consultative bodies are notified of the proposed development and the name and address of the applicant, so that they must provide him with any information relevant to the environmental statement in accordance with regulation 15.
Regulation 9 sets out the procedures for publicity which the applicant is required to comply with. Regulation 10 sets out the procedures for publicising the opinions, determinations and decisions of the Scottish Ministers. Regulation 11 sets out the procedures for serving a copy of the environmental statement on the consultative bodies. Regulation 12 provides for consultation with other member states of the European Economic Area.
Regulation 13 sets out the procedures whereby the Scottish Ministers may require further information from the applicant and regulation 14 sets out the procedures for publicity which the applicant is required to comply with in relation to any such further information.
Regulation 15 sets out the obligation of the consultative bodies, and any other person who the Scottish Ministers have specifically determined is to be consulted as part of the consultation process, to provide to the applicant information which is relevant to the environmental statement. Regulation 16 deals with service of notices and regulation 17 deals with revocation, transitional and savings.
A regulatory impact assessment is available from Energy Division, Scottish Executive, 2nd Floor, Meridian Court, 5 Cadogan Street, Glasgow G2 6AT (telephone 0141 242 5797).