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

Type Scottish-Statutory-Instrument
Publication 2017-04-11
Last updated 2024-01-01
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
Source legislation.gov.uk
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A reference list detailing the sources used for the descriptions and assessments included in the EIA report.

SCHEDULE 4 — ENFORCEMENT POWERS

Interpretation of schedule 4

1

In this schedule—

  • “authorised person” means a person authorised in writing by the 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.

Powers of entry

2

  • (1) Subject to sub-paragraph (4), where an authorised person reasonably suspects, or the 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 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.

Enforcement notices

3

  • (1) The 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 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 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.
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) Where an enforcement notice is served pursuant to sub-paragraph (1)(a), the Scottish Ministers must ... 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 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.

Appeals against enforcement notices

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

R CUNNINGHAM — A member of the Scottish Government — 11th April 2017

Explanatory note

(This note is not part of the Regulations)

Footnotes

1

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

2

1973 c.51. Section 56(1) was amended by S.S.I. 2011/1043. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of S.I. 1999/1820 and the functions conferred upon the Minister of the Crown under section 56, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. The requirement to obtain Treasury consent was removed by section 55 of the 1998 Act.

3

OJ L 26, 28.1.2012, p.1 amended by Directive 2014/52/EU (OJ L 124, 25.4.2014, p.1).

9

1997 c.8. Section 26 was last amended by section 63(2) of the Marine (Scotland) Act 2010 (asp 5).

10

O J L 26, 28.1.2012, p.1 as amended by Directive 2014/52/EU (OJ L 124, 25.4.2014, p.1).

13

2000 c.7. The definition of “electronic communication” was amended by paragraph 158 of schedule 17 of the Communications Act 2003 (c.21).

14

1994 c.39. Section 2 was amended by section 120 and schedule 22, paragraph 232(1) of the Environment Act 1995 (c.25).

16

S.I. 1994/2716, relevantly amended by S.S.I. 2007/80.

17

See Command Paper 9424.

19

Section 263A was inserted by section 50 of the Planning etc. (Scotland) Act 2006 (asp 17).

21

In section 58(1) the definition of “site of special scientific interest” was amended by section 37(4)(a) of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6).

22

OJ L 206, 22.7.1992, p.7.

23

OJ L 20, 26.1.2010, p.7.

26

1971 c.80. Paragraph 2 of schedule 1 was amended by section 1 of the St Andrew’s Day Bank Holiday (Scotland) Act 2007 (asp 2).

28

S.I. 1994/2716 as relevantly amended by S.S.I. 2007/80 and S.I. 2007/1843.

29

OJ L 206, 22.7.1992, p.7.

30

OJ L 20, 26.1.2010, p.7.

31

OJ L 197, 24.7.2012, p.1.

32

OJ L 172, 2.7.2009, p.18, as amended by Council Directive 2014/87/Euratom (OJ L 219, 25.07.2014, p.42).

Editorial notes

33

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

34

1973 c.51. Section 56(1) was amended by S.S.I. 2011/1043. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of S.I. 1999/1820 and the functions conferred upon the Minister of the Crown under section 56, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. The requirement to obtain Treasury consent was removed by section 55 of the 1998 Act.

35

OJ L 26, 28.1.2012, p.1 amended by Directive 2014/52/EU (OJ L 124, 25.4.2014, p.1).

36

S.S.I. 1999/43, as amended by S.S.I 2006/614, S.S.I. 2010/460 and S.S.I. 2013/177.

40

1997 c.8. Section 26 was last amended by section 63(2) of the Marine (Scotland) Act 2010 (asp 5).

41

O J L 26, 28.1.2012, p.1 as amended by Directive 2014/52/EU (OJ L 124, 25.4.2014, p.1).

43

S.I. 1992/223. Part 7 was amended by S.I. 1992/1078, S.I. 1994/3294, S.S.I. 2014/142 and S.S.I. 2014/300.

44

2000 c.7. The definition of “electronic communication” was amended by paragraph 158 of schedule 17 of the Communications Act 2003 (c.21).

45

1994 c.39. Section 2 was amended by section 120 and schedule 22, paragraph 232(1) of the Environment Act 1995 (c.25).

47

S.I. 1994/2716, relevantly amended by S.S.I. 2007/80.

48

See Command Paper 9424.

50

Section 263A was inserted by section 50 of the Planning etc. (Scotland) Act 2006 (asp 17).

52

In section 58(1) the definition of “site of special scientific interest” was amended by section 37(4)(a) of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6).

53

OJ L 206, 22.7.1992, p.7.

54

OJ L 20, 26.1.2010, p.7.

57

1971 c.80. Paragraph 2 of schedule 1 was amended by section 1 of the St Andrew's Day Bank Holiday (Scotland) Act 2007 (asp 2).

59

S.I. 1994/2716 as relevantly amended by S.S.I. 2007/80 and S.I. 2007/1843.

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