The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017

Regulations 8(2)(b) and 29

SCHEDULE 4 S ENFORCEMENT POWERS

Interpretation of schedule 4 S

1.  In this schedule—

“authorised person” means a person authorised in writing by the [F1 Scottish Ministers] for the purposes of this schedule; and

“notified person” means a person on whom an enforcement notice has been served under paragraph 3(1) of this schedule.

Textual Amendments

F1 Words in sch. 4 para. 1 substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(36)(a) (with reg. 13)

Powers of entry S

2.—(1) Subject to sub-paragraph (4), where an authorised person reasonably suspects, or the [F2 Scottish Ministers] reasonably suspect, that work is being, or has been, carried out on land in relation to a forestry project and EIA consent has not been granted in respect of that project, an authorised person may, at any reasonable time, enter that land for the purposes of determining—

(a) that such work is being or has been carried out; and

(b) whether the forestry project is an EIA forestry project in respect of which EIA consent is required by virtue of regulation 3(1).

(2) Subject to sub-paragraph (4), where work is being, or has been, carried out on land in relation to an EIA forestry project and EIA consent has been granted in respect of that project, an authorised person may at any reasonable time enter that land for the purposes of determining whether there is compliance with any condition subject to which EIA consent is granted, including (where applicable) any condition to take mitigation measures or monitoring measures.

(3) Subject to sub-paragraph (4) where an enforcement notice served under paragraph 3(1) requires measures to be taken (other than the discontinuance of the forestry project) within a specified time period and those measures have not been taken within that time period—

(a) an authorised person may enter the land to which the enforcement notice relates and take the measures; and

(b) where the authorised person takes those measures pursuant to head (a), the [F3 Scottish Ministers] may recover from the notified person any reasonable expenses incurred by the taking of them.

(4) An authorised person must, if so requested, produce evidence of authorisation before entering land for the purposes of this paragraph.

Textual Amendments

F2 Words in sch. 4 para. 2(1) substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(36)(b) (with reg. 13)

F3 Words in sch. 4 para. 2(3)(b) substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(36)(b) (with reg. 13)

Enforcement notices S

3.—(1) The [F4 Scottish Ministers] may serve an enforcement notice on a person who is carrying out, or has carried out, work in connection with a forestry project, where it appears to them that the forestry project is an EIA forestry project and that the work is being, or has been, carried out—

(a) without EIA consent, where such consent is required by virtue of regulation 3(1); or

(b) (where EIA consent has been granted) in breach of a condition subject to which the EIA consent was granted.

(2) An enforcement notice may require the notified person to take one or more of the following measures:—

(a) apply to the [F4 Scottish Ministers] for EIA consent;

(b) discontinue work in relation to the EIA forestry project;

(c) restore the land to its condition before any work in relation to the EIA forestry project was carried out;

(d) carry out on the land any works or operations specified in the enforcement notice which the [F4 Scottish Ministers] reasonably consider to be necessary in order to—

(i) secure compliance with a condition, subject to which EIA consent was granted; or

(ii) prevent, reduce or off-set any significant adverse effects on the environment as a result of the EIA forestry project.

(3) An enforcement notice must specify the time period during which any of the measures in sub-paragraph (2)(a), (c) or (d) must be taken and may specify different time periods for different measures.

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where an enforcement notice is served pursuant to sub-paragraph (1)(a), the [F4 Scottish Ministers] must F6 ... serve the notified person with a written statement of their reasons for considering that the forestry project is an EIA forestry project either—

(a) in, or accompanying, the enforcement notice; or

(b) separately but as soon as practicable after service of the enforcement notice.

(6) The [F4 Scottish Ministers] may, at any time—

(a) withdraw an enforcement notice; or

(b) vary an enforcement notice by means of a further notice served on the notified person.

Textual Amendments

F4 Words in sch. 4 para. 3 substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(36)(c)(i) (with reg. 13)

F5 Sch. 4 para. 3(4) omitted (18.3.2021) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(36)(c)(ii) (with reg. 13)

F6 Words in sch. 4 para. 3(5) omitted (18.3.2021) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(36)(c)(iii) (with reg. 13)

Appeals against enforcement notices S

F7 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 4 para. 4 omitted (18.3.2021) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(36)(d) (with reg. 13)