The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017

JurisdictionScotland
CitationSSI 2017/137
Year2017

2017 No. 137

Road Traffic

The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017

Made 26th April 2017

Coming into force 16th May 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721, section 56 of the Finance Act 19732and all other powers enabling them to do so.

They have taken into account the selection criteria in Annex III to Directive 2011/92/EUof the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment3.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 and come into force on 16th May 2017.

S-2 Amendment of the Roads (Scotland) Act 1984

Amendment of the Roads (Scotland) Act 1984

2. The Roads (Scotland) Act 19844is amended in accordance with regulations 3 to 11.

S-3 Amendment of section 12B

Amendment of section 12B

3. In section 12B(2)(b) and (3)(c) (transitional power of Secretary of State as respects proposed roads)5for “environmental statement” in each place where it occurs substitute “EIA report”.

S-4 Amendment of section 12C

Amendment of section 12C

4. In section 12C(2)(c) and (3)(b) (transitional power of Secretary of State as respects special road schemes)6for “environmental statement” in each place where it occurs substitute “EIA report”.

S-5 Substitution of sections 20A and 20B and insertion of sections 20C to 20G

Substitution of sections 20A and 20B and insertion of sections 20C to 20G

5. For sections 20A (environmental assessment of certain road construction projects)7and 20B (projects with significant transboundary effects)8substitute—

S-20A

Prohibition on certain road construction projects without an environmental impact assessment

20A The Scottish Ministers must not proceed with the construction of a new road for which they are the roads authority if an environmental impact assessment is required for that project in accordance with section 20C—

(a) unless an environmental impact assessment has been carried out, and

(b) in carrying out such an assessment, the Scottish Ministers have taken the environmental information into account.

S-20B

Environmental impact assessment

20B.—(1) An environmental impact assessment is a process consisting of—

(a)

(a) the preparation of an EIA report by the Scottish Ministers;

(b)

(b) the carrying out of consultation, publication and notification as required by section 20C or section 55A and, where relevant, section 20F or section 55B (as it applies section 20F);

(c)

(c) the examination by the Scottish Ministers of the information presented in the EIA report and any other environmental information;

(d)

(d) the reasoned conclusion by the Scottish Ministers on the significant effects of the project on the environment, taking into account the results of the examination referred to in paragraph (c); and

(e)

(e) the integration of the Scottish Ministers’ reasoned conclusion into the decision notice in accordance with paragraph 7 or paragraph 13 of schedule 1 of this Act.

(2) The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of the circumstances relating to the project, the direct and indirect significant effects of the project on the factors specified in subsection (3) and the interaction between those factors.

(3) The factors are—

(a)

(a) population and human health;

(b)

(b) biodiversity, and in particular species and habitats protected under Directive 92/43/EEC9and Directive 2009/147/EC10;

(c)

(c) land, soil, water, air and climate, and

(d)

(d) material assets, cultural heritage and the landscape.

(4) The effects to be identified, described and assessed under subsection (2) include the expected effects deriving from the vulnerability of the project to risks, so far as relevant to the project, of major accidents and disasters.

(5) The environmental impact assessment must identify the likely significant effects of the project on the environment before a decision to proceed with the project is made.

(6) The Scottish Ministers must ensure that they have, or have access as necessary to, sufficient expertise to examine the EIA report.

(7) In this section and sections 20C to 20G, “the project” means a project for the construction of a new road for which the Scottish Ministers are the roads authority.

S-20C

Environmental Impact Assessment Report

20C.—(1) If the Scottish Ministers have under consideration the construction of a new road for which they are the roads authority they must, before details of the project are published, determine whether it falls within Annex I or II.

(2) If the Scottish Ministers determine that the project—

(a)

(a) falls within Annex I; or

(b)

(b) is a relevant project falling within Annex II, and that having regard to the selection criteria in Annex III it should be made subject to an environmental impact assessment in accordance with the Directive,

they shall, not later than the date when details of the project are published, prepare an EIA report and publish notice of it in accordance with subsections (5) to (10) and paragraph 7(1C), or 13(1C), as the case may be, of schedule 1 of this Act.

(3) In making a determination as to whether a project is a relevant project falling within Annex II the Scottish Ministers must—

(a)

(a) take into account—

(i) such of the selection criteria set out in Annex III as are relevant to the project,

(ii) the available results of any relevant assessment of the effects of the project, and

(b)

(b) base their decision on the information set out in subsection (4).

(4) The information referred to in subsection (3)(b) is to be compiled taking into account, where relevant, the factors set out in subsection (3)(a) and must include—

(a)

(a) a description of the location of the project, including a plan sufficient to identify the land;

(b)

(b) a description of the project, including in particular—

(i) a description of the physical characteristics of the project and, where relevant, of demolition works,

(ii) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected,

(c)

(c) a description of the aspects of the environment likely to be significantly affected by the project; and

(d)

(d) a description of any likely significant effects (to the extent of the information available on such effects) of the project on the environment resulting from—

(i) the expected residues and emissions and the production of waste, where relevant, and

(ii) the use of natural resources, in particular soil, land, water and biodiversity.

(5) The Scottish Ministers must publish any determination made by them in accordance with subsections (1) to (4), and that determination must include—

(a)

(a) a statement giving, with reference to such of the criteria set out in Annex III as are relevant to the project, the main reasons for the determination; and

(b)

(b) where the determination is to the effect that the project does not require an environmental impact assessment, the statement referred to in paragraph (a) must state any features of the project which are envisaged to avoid or prevent significant adverse effects on the environment.

(6) An EIA report is a report prepared by the Scottish Ministers in accordance with this section which assesses the environmental impact of the project and which includes (at least)—

(a)

(a) a description of the project comprising information on the site, design, size and other relevant features of the project;

(b)

(b) a description of the likely significant effects of the project on the environment;

(c)

(c) a description of the features of the project and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;

(d)

(d) a description of the reasonable alternatives studied by the Scottish Ministers, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment;

(e)

(e) a non-technical summary of the information referred to in paragraphs (a) to (d); and

(f)

(f) any other information specified in schedule 1A of this Act relevant to the specific characteristics of the project and to the environmental features likely to be affected.

(7) With a view to avoiding duplication of assessments, account is to be taken of the available results of other relevant assessments under Union legislation or other legislation applicable in Scotland in preparing the EIA report.

(8) In order to ensure the completeness and quality of the EIA report—

(a)

(a) the Scottish Ministers must ensure that the EIA report is prepared by competent experts; and

(b)

(b) the EIA report must be accompanied by a statement from the Scottish Ministers outlining the relevant expertise or qualifications of such experts.

(9) The Scottish Ministers must publish notice of the EIA report so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express an opinion before a decision on whether to proceed with the project is taken, and the Scottish Ministers must not make any such decision without taking into consideration any opinion so expressed to them within a period of 42 days commencing with the date of publication of notice of the EIA report.

(10) Notice under subsection (9) must state—

(a)

(a) that the Scottish Ministers, as the relevant roads authority, are considering implementing the project;

(b)

(b) the proposed location and nature of the project;

(c)

(c) that the project is subject to environmental impact assessment and, where relevant, state that it is likely to have significant effects in another EEA State;

(d)

(d) that a copy of the EIA...

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