(3) Regulations under section 39B of this Act may, if they are made for the purpose of, or in connection with, avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000 provide that, in such circumstances as the regulations may specify, works may be constructed or removed only with the consent of a police officer of such class as the regulations may specify.

Further provision as regards classification of traffic for purposes of special roads.

Works for protecting roads against hazards of nature.

Fencing and lighting of obstructions and excavations.

Restriction of powers of local authority in whom sewer is vested.

Service of notices.

143A

(1) Subject to subsection (4), subsection (3) applies to any —

(a) ... order under section 5 of this Act directing that a road proposed to be constructed shall be a trunk road and the construction of the road would constitute a national development;

(b) ... scheme under section 7 of this Act (or any instrument confirming such a scheme) which authorises the carrying out of work which would constitute a national development; or

(2) In subsection (1) above, the references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the time being designated under section 3A(4)(b) of that Act as a national development.

(3) The legislation is subject to the affirmative procedure.

(4) Unless the Scottish Ministers otherwise direct, any subordinate legislation which revokes, amends or re-enacts any legislation which was subject to the affirmative procedure by virtue of subsection (3) above is not subject to the procedure in that subsection.

Contents of notices.

Consequential provision.

1A

Where an order, scheme or instrument confirming a scheme is subject to the affirmative procedure by virtue of section143A(3) of this Act, as soon as may be after the Scottish Ministers have made the order, scheme or instrument confirming the scheme or, as the case may be, the Scottish Parliament has decided not to approve the draft statutory instrument laid before it under that section , the Scottish Ministers shall publish in the Edinburgh Gazette, and in such other manner as they think best adapted for informing persons affected, a notice—

(a) stating that the order, scheme or instrument has been made or, as the case may be, the Parliament has decided not to approve the draft statutory instrument;

(b) where the order, scheme or instrument has been made , providing information regarding—

(i) the date on which the relevant scheme or order will become operative;

(ii) the place where a copy of it may be inspected free of charge at all reasonable hours; and

(iii) the right to challenge the validity of the scheme or order and the procedure for doing so.

which comply with general regulations as to construction and use made under section 40 of the Road Traffic Act 1972 and in the case of which—

130A

(1) Any offence under this Act which is listed in the first column of Schedule 8A to this Act (and described in general terms in the second column) is a fixed penalty offence for the purposes of this Act.

(2) Offences listed in that Schedule which are committed by virtue of section 130 of this Act (offences committed by bodies corporate, etc.) are not fixed penalty offences.

(3) The Scottish Ministers may, by order, modify that Schedule so as to provide that an offence is to cease to be a fixed penalty offence.

(4) Schedule 8B to this Act (which makes provision about fixed penalties for fixed penalty offences) has effect.

(5) An order under subsection (3) above may make transitional provision.

CLASS I:

SCHEDULE 8A

SCHEDULE 8B

Power to give fixed penalty notices

1

(1) An authorised officer of a roads authority may, if having reason to believe that a person is committing or has committed a fixed penalty offence, give that person a fixed penalty notice in relation to that offence.

(2) In this Schedule “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for a fixed penalty offence by payment of a penalty.

2

A fixed penalty notice for an offence may not be given after such time relating to the offence as the Scottish Ministers may by regulations prescribe.

Contents of fixed penalty notice

3

(1) A fixed penalty notice shall identify the offence to which it relates and give reasonable particulars of the circumstances alleged to constitute that offence.

(2) A fixed penalty notice shall also state—

(a) the amount of the penalty and the period within which it may be paid;

(b) the discounted amount and the period within which it may be paid;

(d) the method or methods by which payment may be made;

(e) the person to whom and the address at which any representations relating to the notice may be made;

(f) the consequences of not making a payment within the period for payment.

(3) The person specified under sub-paragraph (2)(c) must be the roads authority or a person acting on their behalf.

The amount of the penalty and the period for payment

4

(1) The penalty for a fixed penalty offence is (subject to paragraph 5) such amount, not exceeding 30 per cent. of the maximum fine for that offence, as the Scottish Ministers may by regulations prescribe.

(2) The period for payment of the penalty is the period of 36 days beginning with the day on which the notice is given.

(3) The roads authority may extend the period for paying the penalty in any particular case if they consider it appropriate to do so.

The discounted amount

5

(1) A discounted amount is payable instead of the amount prescribed under paragraph 4(1) if payment is made before the end of the period of 29 days beginning with the day on which the notice is given.

(2) The discounted amount for a fixed penalty offence is such amount, not exceeding 25 per cent. of the maximum fine for the offence, as the Scottish Ministers may by regulations prescribe.

(3) If the last day of the period specified in sub-paragraph (1) does not fall on a working day, the period for payment of the discounted amount is extended until the end of the next working day.

Effect of notice and payment of penalty

6

(1) This paragraph applies where a person is served with a fixed penalty notice in respect of a fixed penalty offence.

(2) No proceedings for the offence may be commenced before the end of the period for payment of the penalty.

(3) No such proceedings may be commenced or continued if payment of the penalty is made before the end of that period or is accepted by the roads authority after that time.

(4) Payment of the discounted amount counts for the purposes of sub-paragraph (3) only if it is made before the end of the period for payment of the discounted amount.

(5) In proceedings for the offence a certificate which—

(a) purports to be signed by or on behalf of a person having responsibility for the financial affairs of the roads authority; and

(b) states that payment of an amount specified in the certificate was or was not received by a date so specified,

is sufficient evidence of the facts stated.

Request for hearing

7

(1) A person to whom a fixed penalty notice has been given may, before the expiry of the period for payment of the penalty, give notice requesting a hearing in respect of the offence to which the fixed penalty notice relates.

(2) A notice requesting a hearing under sub-paragraph (1) shall be in writing and shall be sent by post or delivered to the person specified under paragraph 3(2)(c) in the fixed penalty notice at the address so specified.

(3) For the purposes of this paragraph and unless the contrary is proved, the sending of a notice by post is deemed to have been effected at the time at which the notice would be delivered in the ordinary course of post.

(4) Where a person has requested a hearing in accordance with this section—

(a) the roads authority shall hold the hearing;

(b) a person authorised for the purpose by the roads authority in whose area the offence was committed shall notify the procurator fiscal of the request; and

(c) the period for payment of the fixed penalty shall be calculated so that the period beginning with the giving of the notice under this paragraph and ending with the receipt by the person who gave that notice of the decision reached at the hearing is left out of account.

Power to withdraw notices

8

(1) If the roads authority consider (whether after holding a hearing under paragraph 7 or not) that a fixed penalty notice which has been given ought not to have been given, they may give to the person to whom it was given a notice withdrawing the fixed penalty notice.

(2) Where a notice under sub-paragraph (1) is given—

(a) the roads authority shall repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice; and

(b) no proceedings shall be commenced or continued against that person for the offence in question.

(3) The roads authority shall consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice.

Effect of prosecution on notice

9

Where proceedings for an offence in respect of which a fixed penalty notice has been given are commenced, the notice is to be treated as withdrawn.

Recovery of unpaid fixed penalties

10

Subject to paragraphs 8 and 9, where a fixed penalty remains unpaid after the expiry of the period for payment of the penalty it shall be enforceable in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom.

Judicial determination of enforcement of fixed penalty

11

(1) A person against whom a fixed penalty bears to be enforceable under paragraph 10 may apply to the sheriff by summary application for a declaration that the fixed penalty is not enforceable on the ground that—

(a) the fixed penalty was paid before the expiry of the period for paying; or

(b) the person has made a request for a hearing in accordance with paragraph 7 and no hearing has been held within a reasonable time after the request.

(2) On an application under sub-paragraph (1), the sheriff may declare—

(a) that the person has or, as the case may be, has not paid the fixed penalty within the period for payment of the penalty;

(b) that the person has or, as the case may be, has not requested a hearing in accordance with paragraph 7;

(c) that, where such a request has been made, a hearing has or, as the case may be, has not been held within a reasonable time after the request, and

accordingly, that the fixed penalty is or, as the case may be, is not enforceable.

General and supplementary

12

(1) The roads authority shall, subject to sub-paragraph (2), remit the money received by them by way of fixed penalties under this Schedule to the Scottish Ministers.

(2) The Scottish Ministers may, by regulations, provide that the roads authority may retain as much of that money as is sufficient to meet such of their expenditure as is described in the regulations.

(3) The Scottish Ministers may make regulations about the keeping of accounts, and the preparation and publication of statements of account, relating to fixed penalties under this Schedule.

13

The Scottish Ministers may by regulations—

(a) prescribe circumstances in which fixed penalty notices may not be given;

(b) modify paragraph 4(2) or 5(1) so as to substitute a different period for the period for the time being specified there;

14

The Scottish Ministers may issue or approve for the purposes of this Schedule a code of practice giving guidance to roads authorities and their authorised officers as to the performance of their functions under this Schedule; and in performing those functions those authorities and officers shall have regard to that code of practice.

Provision of lighting by roads authorities.

Power to instal refuse or storage bins in roads.

Fencing and lighting of obstructions and excavations.

Revocation and variation of certain schemes and orders.

Further provision as to interpretation and certain ancillary powers.

Discontinuation of operation of certain swing bridges.

Power to remove structures from roads.

Prevention of flow of water etc. onto roads.

120A

(1) The Scottish Police Authority may delegate to the chief constable of the Police Service of Scotland any of its functions under the sections mentioned in subsection (2).

(2) The sections are—

(a) section 59;

(b) section 86; and

Restriction of powers of local authority in whom sewer is vested.

Contents of notices.

which comply with general regulations as to construction and use made under section 40 of the Road Traffic Act 1972 and in the case of which—

Power to remove structures from roads.

Concurrent proceedings for special and trunk roads schemes and orders.

Restriction of powers of local authority in whom sewer is vested.

Contents of notices.

Revocation and variation of certain schemes and orders.

Consequential provision.

which comply with general regulations as to construction and use made under section 40 of the Road Traffic Act 1972 and in the case of which—

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) falls within Annex I; or

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

(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,

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

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

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

(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 ... other legislation applicable in Scotland in preparing the EIA report.

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

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

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

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

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

(d) that a copy of the EIA report may be inspected at an address in the area in which the project is proposed to be situated during the period specified under paragraph (i);

(e) the times at which a copy of the EIA report can be so inspected;

(f) an address from which copies of the EIA report may be obtained and from which further information about the project may be requested during the period specified under paragraph (i);

(g) if a charge is to be made for a copy of the EIA report, the amount of the charge;

(h) that the Scottish Ministers use a website for the purpose of giving information to the public about projects of a category into which the project in question falls, and provide the address of the website where a copy of the EIA report will be available for inspection by the public during the period provided for under paragraph (i);

(i) that any person wishing to make any representations about the project and the EIA report may do so in writing to the Scottish Ministers at a specified address within a specified period, being a period of not less than 42 days commencing with the date of publication of the notice; and

(j) that the Scottish Ministers will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.

(11) The Scottish Ministers must ensure that during the period specified under subsection (10)(i)—

(a) copies of the EIA report are available for inspection by any person free of charge at all reasonable hours at the address specified under subsection (10)(d);

(b) copies of the EIA report are available to be obtained by any person from the address specified under subsection (10)(f); and

(c) the Scottish Ministers use a website for the purpose of giving information to the public about projects of a category into which the project in question falls, and that a copy of the EIA report is available for inspection at a specified website address.

(12) A reasonable charge reflecting the costs of printing, copying and distribution may be made by the Scottish Ministers for the supply of a copy of the EIA report—

(a) to a person other than a consultation body; or

(b) to a consultation body to which one copy has already been supplied free of charge.

(13) In order to ensure the completeness and quality of the EIA report the Scottish Ministers must where necessary (having regard in particular to current knowledge and methods of assessment) obtain supplementary information about any matter referred to in subsection (6) which in the opinion of the Scottish Ministers is directly relevant to reaching a reasoned conclusion on the significant effects of the project on the environment.

(14) Where the Scottish Ministers obtain supplementary information relating to the EIA report and such supplementary information is reasonably required to give proper consideration to the likely environmental effects of the project, except insofar as such supplementary information is required for the purposes of an inquiry held under section 139, subsections (9) to (12) shall apply to such supplementary information as they apply to an EIA report (subject to any necessary modifications).

(15) The Scottish Ministers must ensure that the consultation bodies are given an opportunity to express an opinion on the project and the EIA report before they decide whether to proceed with the project and must not make any such decision within a period of 42 days commencing with the date of sending the report to the consultation bodies.

(16) In this section and sections 20D to 20G, paragraphs 7 and 13 of schedule 1 of this Act, and paragraph 9 of schedule 1A of this Act—

“the Directive” means Council Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 2014/52/EU;

“Annex” means an Annex to the Directive;

“relevant project” means a project for the construction of a new road where the completed works (together with any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps, or other such facilities or stores required during the period of construction)—exceed 1 hectare in area; orare situated in whole or in part in a sensitive area,

“sensitive area” has the meaning ascribed to that expression in regulation 2(1) of the Environmental Impact Assessment (Scotland) Regulations 1999; and

20D

(1) Where the Scottish Ministers determine under section 20C(2) that a new road construction project should be made subject to an environmental impact assessment in accordance with the Directive and there is, in addition to that requirement for an environmental impact assessment to be carried out also a requirement to carry out a Habitats Regulation Assessment, the Scottish Ministers must, where appropriate, ensure that the Habitats Regulation Assessment and the environmental impact assessment are co-ordinated.

(2) In this section a “Habitats Regulation Assessment” means an assessment under regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994.

20E

(1) The Scottish Ministers must perform their duties under Part III of this Act in an objective manner and so as not to find themselves in a situation giving rise to a conflict of interest.

(2) Where the Scottish Ministers are considering whether to proceed with a new road construction project they must implement within their organisation of administrative competencies an appropriate separation between conflicting functions when performing their duties under this Part.

20F

(1) This section applies if—

(a) it appears to the Scottish Ministers that a project to which section 20C(2) applies is likely to have a significant effect on the environment in an EEA State, or

(b) an EEA State the environment of which is likely to be significantly affected by such a project asks the Scottish Ministers for information about it.

(2) The Scottish Ministers must give to the relevant EEA State—

(a) a description of the project together with any information available to them which suggests that it may have a significant effect on the environment in that EEA State,

(b) any information which they have about the nature of the decision which may be taken on the project,

(d) a reasonable period within which to indicate whether that EEA State wishes to participate in that procedure.

(3) Subsection (2)(a) and (b) above must be complied with no later than the date of publication of the notice referred to in section 20C(5).

(4) If the EEA State indicates that it wishes to participate in the environmental impact assessment procedure, the Scottish Ministers must give it—

(a) a copy of the EIA report where that has not already been given to that EEA State,

(b) the information required by subsection (10) of section 20C to be included in the notice under subsection (9) of that section, and

(c) any information about the environmental impact assessment procedure under this Part of this Act which they consider it appropriate to give and has not already been given to that EEA State.

(5) The Scottish Ministers must also—

(a) arrange for the information which they have given to the EEA State to be made available within a reasonable time to—

(i) any authority in that State that the State may specify, and

(ii) members of the public in the EEA State who are likely to be concerned, and

(b) ensure that those authorities and the members of the public concerned are given a reasonable opportunity to express an opinion before they decide whether to proceed with the project.

(6) The Scottish Ministers must—

(a) consult the EEA State concerned regarding in particular the potential significant effects of the project on the environment of that EEA State and the measures envisaged to reduce or eliminate those effects, and

(b) agree with that EEA State a reasonable period for responding to that consultation.

(7) Where an EEA State has been consulted in accordance with subsection (6) above, the Scottish Ministers must, after deciding whether to proceed with the project to which the environmental assessment relates, inform the EEA State of the decision and give it copies of the documents containing the matters referred to in paragraph 7(1B), or paragraph 13(1B) as the case may be, of schedule 1 of this Act.

20G

(1) Where the Scottish Ministers have decided to proceed with a project to construct a new road in relation to which an environmental impact assessment has been required, the Scottish Ministers must consider whether it is appropriate to require monitoring measures to be carried out.

(2) When considering whether to require monitoring measures to be carried out, and the nature of any such monitoring measures, the Scottish Ministers must consider—

(a) whether monitoring measures are proportionate to the nature, location and size of the project and the significance of its effects on the environment having regard in particular to the type of parameters to be monitored and the duration of the monitoring;

(b) in order to avoid duplication of monitoring, whether monitoring arrangements required under ... other legislation applicable in Scotland are more appropriate; and

(3) Where the Scottish Ministers consider that it is appropriate to require monitoring measures they must do so.

(4) Where mitigation measures or monitoring measures are required by a condition imposed as part of the decision to proceed with the project the Scottish Ministers must take steps to ensure that those measures are implemented.

(5) In this section “monitoring measures” means measures requiring the monitoring of any significant adverse effects on the environment of the project.

22A

(1) Any person who, for the purpose of procuring a particular decision in relation to a project to which section 20C applies—

(a) knowingly or recklessly makes a statement which is false or misleading in a material particular,

(b) with intent to deceive, uses any document which is false or misleading in a material particular, or

commits an offence.

(2) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to a fine.

(3) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this section.

(4) The Court of Session may, on the application of the Scottish Ministers, the chief constable or any other public body or office-holder having responsibility for enforcing the provision declare unlawful any act or omission of the Crown which would but for subsection (3) have constituted an offence under this section.

(5) Despite subsection (3), this section applies to a person in the public service of the Crown as it applies to other persons.

22B

(1) Subsection (2) applies where—

(a) an offence under section 22A has been committed by—

(i) a body corporate,

(ii) a Scottish partnership, or

(iii) an unincorporated association other than a Scottish partnership, and

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to neglect on the part of—

(i) a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual.

(2) The individual (as well as the body corporate, partnership or (as the case may be) association) commits the offence and is liable to be proceeded against and punished accordingly.

(3) In subsection (1), “relevant individual” means—

(a) in relation to a body corporate (other than a limited liability partnership)—

(i) a director, manager, secretary or similar officer of the body,

(ii) where the affairs of the body are managed by its members, a member,

(b) in relation to a limited liability partnership, a member;

(d) in relation to an unincorporated association other than a Scottish partnership, an individual who is concerned in the management or control of the association.

55C

(1) Any person who, for the purpose of procuring a particular decision in relation to a project to which section 55A applies—

(a) knowingly or recklessly makes a statement which is false or misleading in a material particular;

(b) with intent to deceive, uses any document which is false or misleading in a material particular; or

commits an offence.

(2) A person who commits an offence under subsection (1) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine.

(3) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this section.

(4) The Court of Session may, on the application of the Scottish Ministers, the chief constable or any other public body or office-holder having responsibility for enforcing the provision declare unlawful any act or omission of the Crown which would but for subsection (3) have constituted an offence under this section.

(5) Despite subsection (3), this section applies to a person in the public service of the Crown as it applies to other persons.

55D

(1) Subsection (2) applies where—

(a) an offence under section 55C has been committed by—

(i) a body corporate,

(ii) a Scottish partnership, or

(iii) an unincorporated association other than a Scottish partnership, and

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to neglect on the part of—

(i) a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual.

(2) The individual (as well as the body corporate, partnership or (as the case may be) association) commits the offence and is liable to be proceeded against and punished accordingly.

(3) In subsection (1), “relevant individual” means—

(a) in relation to a body corporate (other than a limited liability partnership)—

(i) a director, manager, secretary or similar officer of the body,

(ii) where the affairs of the body are managed by its members, a member,

(b) in relation to a limited liability partnership, a member;

(d) in relation to an unincorporated association other than a Scottish partnership, an individual who is concerned in the management or control of the association.

SCHEDULE 1A

1

A description of the project, including in particular:

(a) a description of the location of the project,

(b) a description of the physical characteristics of all the works covered by the application, including, where relevant, demolition works, and the land use requirements during the construction and operational phases,

(c) a description of the main characteristics of the operational phase of the project (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used,

(d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation and quantities and types of waste produced during the construction and operation phases.

2

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