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

Consolidated Text As Enacted Cited authorities 100 Cited in Amendments 10 Related
Vincent
JurisdictionScotland
  • These Rules may be cited as the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007 and come into force on 28th December 2007.
    • (1) In these Rules (unless the context otherwise requires) –in that form;in a version of that form adapted to meet the circumstances of the particular case; orin a form which has substantially the same effect as that form (whether the form is adapted or not) ,the preparation of an EIA report by the applicant;the carrying out of consultation, publication and notification as required by rules 5, 6 and 11 to 15, and where relevant rule 14;the examination by the Scottish Ministers of the information presented in the EIA report and any other environmental information being any additional information, any representations made by any body required by these Rules to be invited to make representations and any representations duly made by any other person about the environmental effects of the proposed works which are the subject of the EIA application;the reasoned conclusion by the Scottish Ministers of the significant effects of the proposed works which are the subject of the application on the environment, taking into account the results of the examination referred to in sub-paragraph (c) and, where appropriate, their own supplementary examination; andthe integration of the Scottish Ministers’ reasoned conclusion into the determination under section 11 of the Act.(2) The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of the circumstances relating to the proposed works which are the subject of the EIA application, the direct and indirect effects of those works on the factors specified in paragraph (3) and the interaction between those factors.population and human health;biodiversity, and in particular species and habitats protected under Directive 92/43/EEC and Directive 2009/147/ECF116, as amended by Regulation (EU) 2019/1010;land, soil, water, air and climate; andmaterial assets, cultural heritage and the landscape.(4) The effects to be identified, described and assessed under paragraph (2) include the expected effects deriving from the vulnerability of the proposed works to risks, so far as relevant to the proposed works, of major accidents and disasters.(5) Unless the Scottish Ministers consider that the likely significant effects of the proposed works on the environment are not fully identifiable at the time of their determination under section 11(2) of the Act, the environmental impact assessment to be carried out in relation to the determination of an EIA application must identify the likely significant effects of the application on the environment before such a determination is made.(6) The Scottish Ministers must ensure that they have, or have access as necessary to, sufficient expertise to examine the EIA report.the proposed order under section 1 of the Act;the explanatory memorandum to the order; andthe statement and memorandum in respect of legislative competence,(2) Where an applicant has sent drafts to the Scottish Ministers in accordance with the provisions of paragraph (1) but subsequently amends any of those drafts the applicant shall not be required to send any amended drafts to the Scottish Ministers before making an application unless the applicant is of the opinion that any amendment substantially alters the nature or effect of the proposed order.the Scottish Ministers; andthe consultation bodies.(4) The applicant must, within the timescale specified by the Scottish Ministers, send a draft of the EIA report to any other public body which the Scottish Ministers have advised the applicant is likely to have an interest in the proposed works by reason of that body’s specific environmental responsibilities or local and regional competencies.(1) Where an applicant at any time serves notice in writing on any person who is not a Scottish public authority within the meaning of regulation 2(1) of the Environmental Information (Scotland) Regulations 2004 (interpretation) (2) The recipient of the notice may seek reimbursement from the applicant of any reasonable costs associated with the provision of information.(1) The occurrence of an event mentioned in paragraph (2) determines for the purpose of F117rules 2A, 3(3) and (4) , 4 to 6, 8(2) (h) and (i) , 9, 11(4) and (7) (d) , 12(10) to (12) , 14 to 15A, 26(2) , schedule 1, and paragraphs 3 to 10, 11A, 12 (as it applies to paragraph 11A) , 12A, 16(f) , 19, 20 (as it applies to paragraph 19) , 21 (as it applies to paragraph 11A) , 30, 31, 33 (except for the reference to paragraph 29 in paragraph 33) and 35(2) of schedule 5 that an application is an EIA application.the making by the Scottish Ministers of a screening decision to the effect that proposed application will be an EIA application; orif no screening decision has been made by the Scottish Ministers, the submission by the applicant in relation to those proposed works of a report referred to by the applicant as an EIA report.(3) The Scottish Ministers may direct that F117rules 2A, 3(3) and (4) , 4 to 6, 8(2) (h) and (i) , 9, 11(4) and (7) (d) , 12(10) to (12) , 14 to 15A, 26(2) , schedule 1, and

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