Scottish Statutory Instrument SI 2017 Scotland

The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Operator7

Plus 8 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 746 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Schedules

Schedules

1 of 47 shown
s.sch004 INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS (opens in a new tab) Regulated
  • Include specific environmental information in your EIA reportOperator
46 other schedules
s.sch001 DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT” (opens in a new tab)
s.sch001 Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude‑oil) and...
s.sch001 Waste disposal installations for the incineration or chemical treatment (as...
s.sch001 Groundwater abstraction or artificial groundwater recharge schemes where the annual...
s.sch001 (1) Works for the transfer of water resources, other than...
s.sch001 Waste water treatment plants with a capacity exceeding 150,000 population...
s.sch001 Extraction of petroleum and natural gas for commercial purposes where...
s.sch001 Dams and other installations designed for the holding back or...
s.sch001 Pipelines with a diameter of more than 800 millimetres and...
s.sch001 Installations for the intensive rearing of poultry or pigs with...
s.sch001 Industrial plants for— (a) the production of pulp from timber...
s.sch001 Quarries and open‑cast mining where the surface of the site...
s.sch001 (1) Thermal power stations and other combustion installations with a...
s.sch001 Construction of overhead electrical power lines with a voltage of...
s.sch001 Installations for storage of petroleum, petrochemical or chemical products with...
s.sch001 Storage sites pursuant to Chapter 3 of Part 1 of...
s.sch001 Installations for the capture of carbon dioxide streams for the...
s.sch001 Any change to or extension of development listed in this...
s.sch001 (1) Installations for the reprocessing of irradiated nuclear fuel.
s.sch001 (1) Integrated works for the initial smelting of cast‑iron and...
s.sch001 Installations for the extraction of asbestos and for the processing...
s.sch001 Integrated chemical installations, that is to say, installations for the...
s.sch001 (1) Construction of lines for long‑distance railway traffic and of...
s.sch001 (1) Inland waterways and ports for inland‑waterway traffic which permit...
s.sch001 Waste disposal installations for the incineration, chemical treatment (as defined...
s.sch001 Interpretation
s.sch001 Descriptions of development
s.sch002 DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT” (opens in a new tab)
s.sch002 In the table below— “area of the works” includes any...
s.sch002 The table below sets out the descriptions of development and...
s.sch003 SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT (opens in a new tab)
s.sch003 Characteristics of development
s.sch003 Location of development
s.sch003 Characteristics of the potential impact
s.sch004 A description of the development, including in particular:
s.sch004 A reference list detailing the sources used for the descriptions...
s.sch004 A description of the reasonable alternatives (for example in terms...
s.sch004 A description of the relevant aspects of the current state...
s.sch004 A description of the factors specified in regulation 4(3) likely...
s.sch004 A description of the likely significant effects of the development...
s.sch004 A description of the forecasting methods or evidence, used to...
s.sch004 A description of the measures envisaged to avoid, prevent, reduce...
s.sch004 A description of the expected sigFnificant adverse effects of the...
s.sch004 A non-technical summary of the information provided under paragraphs 1...
s.sch005 FORM OF NOTICE UNDER REGULATION 20 (opens in a new tab)
s.sch006 REVOCATIONS (opens in a new tab)
s.003 Prohibition on granting planning permission without an environmental impact assessment Regulated
Other duties (1) — Crown / regulator
  • Authorities must not grant permission for EIA development without assessmentLocal authority
s.004 Environmental impact assessment Regulated
  • Conduct an Environmental Impact Assessment (EIA)Operator
s.007 General provisions relating to screening Regulated
Other duties (1) — Crown / regulator
  • Local authorities and Ministers must provide reasons for screening decisionsLocal authority
s.010 Requests for screening directions of the Scottish Ministers Regulated
  • Submit required documents when requesting a screening directionOperator
s.012 EIA application made to a planning authority without an EIA report Regulated
  • Respond to a notice requiring an Environmental Impact Assessment (EIA) reportOperator
s.014 EIA application referred to the Scottish Ministers without an EIA report Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must request an EIA report if one is missingCrown / Minister / Government department
s.015 Appeal to the Scottish Ministers without an EIA report Regulated
  • Respond to a notice requiring an EIA report for a planning appealOperator
s.023 Copy of EIA report for the Scottish Ministers Regulated
  • Provide a copy of the EIA report to Scottish MinistersOperator
s.025 Availability of copies of EIA report Regulated
  • Make copies of your EIA report available for public inspectionOperator
s.031 Notification of decision Regulated
Other duties (1) — Crown / regulator
  • Planning authority must notify the public and Ministers of EIA decisionsLocal authority
s.032 Prohibition on granting an application for multi-stage consent without an environmental impact assessment Regulated
Other duties (1) — Crown / regulator
  • Authorities must not approve multi-stage projects without an EIALocal authority
s.041 Development in Scotland likely to have significant effects in an EEA State ... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consult EEA States on cross-border environmental impactsCrown / Minister / Government department
s.052 Competent authority – avoidance of conflict of interest Regulated
Other duties (1) — Crown / regulator
  • Planning authorities must avoid conflicts of interest in EIA applicationsLocal authority
s.053 Co-ordination of assessments Regulated
Other duties (1) — Crown / regulator
  • Planning authorities must coordinate Environmental and Habitats assessmentsLocal authority
46 other provisions
s.001 Citation and commencement
s.002 Interpretation
s.005 Environmental Impact Assessment Report
s.006 EIA Development
s.008 Requests for screening opinion of the planning authority
s.009 Screening opinions – time period for decision
s.011 Application or request to review made to a planning authority without prior screening
s.013 Application or Appeal to the Scottish Ministers without prior screening
s.016 Review by the planning authority of an application without an EIA report
s.017 Scoping opinions of the planning authority
s.018 Scoping directions of the Scottish Ministers
s.019 Procedure to facilitate preparation of EIA reports
s.020 Notification of EIA report
s.021 Publication of EIA report
s.022 Consultation where EIA report received by planning authority
s.024 Consultation where EIA report received by the Scottish Ministers
s.026 Supplementary information and evidence relating to EIA reports
s.027 Publication of additional information
s.028 Availability of opinions, directions etc. for inspection
s.029 Decision notice
s.030 Monitoring measures
s.033 Application for multi-stage consent where EIA report previously provided
s.034 Application for multi-stage consent without EIA report
s.035 Application for multi-stage consent referred or appealed to the Scottish Ministers without an EIA report
s.036 Modification of regulations relating to application for multi-stage consent
s.037 Simplified planning zone schemes or enterprise zone orders
s.038 ROMP applications
s.039 Applications for permission under section 242A
s.040 Marine fish farming
s.042 Projects in an EEA State likely to have significant transboundary effects
s.043 Electronic communications – general
s.044 Electronic communications – deemed agreement
s.045 Withdrawal of consent to use of electronic communications
s.046 Service of notices etc.
s.047 Application to Court of Session
s.048 Hazardous waste and material change of use
s.049 Extension of the period for an authority's decision on a planning application
s.050 Directions as to whether development is EIA development
s.051 Access to review procedure before a court
s.054 Offences
s.055 Offences by bodies corporate etc.
s.056 Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992
s.057 Amendment of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013
s.058 Amendment of the Town and Country Planning (Appeals) (Scotland) Regulations 2013
s.059 Amendment of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013
s.060 Revocations and transitional provisions

Help complying

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