The Environmental Assessment (Scotland) Regulations 1988

Any authority, body or person required to provide information under these Regulations shall not be required to provide information which that authority, body or person is entitled or bound to hold in confidence.

Charges

76

• (1) A reasonable charge reflecting the costs of printing, copying and distribution may be made to the public for copies of an environmental statement made available to them under these Regulations and for copies of an environmental statement, in excess of one copy, required by an authority, body or person consulted under these Regulations.

• (2) An authority, body or person required to supply information under these Regulations may make a reasonable charge reflecting the costs of making available information which they had in their possession.

SCHEDULE 1 — DESCRIPTIONS OF DEVELOPMENT

1

A crude-oil refinery (excluding an undertaking manufacturing only lubricants from crude-oil) or an installation for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

2

A thermal power station or other combustion installation with a heat output of 300 megawatts or more and a nuclear power station and other nuclear reactor (except a research installation for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

3

An installation designed solely for the permanent storage or final disposal of radioactive waste.

4

An integrated works for the initial melting of cast-iron and steel.

5

An installation for the extraction of asbestos or for the processing and transformation of asbestos or products containing asbestos—

• (a) where the installation produces asbestos-cement products, with an annual production of more than 20,000 tonnes of finished products; or

• (b) where the installation produces friction material, with an annual production of more than 50 tonnes of finished products; or

• (c) in other cases, where the installation will utilise more than 200 tonnes of asbestos per year.

6

An integrated chemical installation, that is to say an industrial installation or group of installations where two or more linked chemical or physical processes are employed for the manufacture of olefins from petroleum products, or of sulphuric acid, nitric acid, hydrofluoric acid, chlorine or fluorine.

7

A special road, a line for long-distance railway traffic or an aerodrome with a basic runway length of 2,100 m or more.

8

A trading port, an inland waterway which permits the passage of vessels of over 1,350 tonnes or a port for inland waterway traffic capable of handling such vessels.

9

• (1) A waste-disposal installation for the incineration or chemical treatment of special waste.

• (2) The carrying out of operations whereby land is filled with special waste or the change of use of land (where a material change) to use for the deposit of such waste.

SCHEDULE 2 — DESCRIPTIONS OF DEVELOPMENT

Agriculture

1

• (a) Water-management for agriculture;

• (b) poultry-rearing;

• (c) pig-rearing;

• (d) a salmon hatchery;

• (e) an installation for the rearing of salmon; and

• (f) the reclamation of land from the sea.

Extractive industry

2

• (a) Extracting peat;

• (b) deep drilling, including—

• (i) geothermal drilling;

• (ii) drilling for the storage of nuclear waste material; and

• (iii) drilling for water supplies;

but excluding drilling to investigate the stability of the soil;

• (c) extracting minerals (other than metalliferous and energy-producing minerals), such as marble, sand, gravel, shale, salt, phosphates and potash;

• (d) extracting coal or lignite by underground or open-cast mining;

• (e) extracting petroleum;

• (f) extracting natural gas;

• (g) extracting ores;

• (h) extracting bituminous shale;

• (i) extracting minerals (other than metalliferous and energy-producing minerals) by open-cast mining;

• (j) a surface industrial installation for the extraction of coal, petroleum, natural gas or ores, or bituminous shale;

• (k) a coke oven (dry coal distillation); and

• (l) an installation for the manufacture of cement.

Energy industry

3

• (a) An industrial installation for the production of electricity together with steam or hot water, not being an installation falling within Schedule 1;

• (b) an industrial installation for carrying gas, steam or hot water;

• (c) the transmission of electrical energy by over-head cables;

• (d) the surface storage of natural gas;

• (e) the underground storage of combustible gases;

• (f) the surface storage of fossil fuels;

• (g) the industrial briquetting of coal and lignite;

• (h) an installation or the production or enrichment of nuclear fuels;

• (i) an installation for the reprocessing of irradiated nuclear fuels;

• (j) an installation for the collection or processing of radioactive waste, not being an installation falling within Schedule 1; and

• (k) an installation for hydroelectric energy production.

Processing of metals

4

• (a) An ironwork or steelworks, including a foundry, forge, drawing plant or rolling mill (not being a works falling within Schedule 1);

• (b) an installation for the production (including smelting, refining, drawing or rolling) of non-ferrous metals, other than precious metals;

• (c) the pressing, drawing or stamping of large castings;

• (d) the surface treatment or coating of metals;

• (e) boilermaking or manufacturing of reservoirs, tanks and other sheet-metal containers;

• (f) manufacturing or assembling of motor vehicles or manufacturing of motor-vehicle engines;

• (g) a shipyard;

• (h) an installation for the construction or repair of aircraft;

• (i) the manufacture of railway equipment;

• (j) swaging by explosives; and

• (k) an installation for the roasting or sintering of metallic ores.

Glass making

5

The manufacture of glass.

Chemical industry

6

• (a) The treatment of intermediate products and production of chemicals, other than development falling within Schedule 1;

• (b) the production of pesticides or pharmaceutical products, paint or varnishes, elastomers or peroxides; and

• (c) the storage of petroleum or petrochemical or chemical products.

Food industry

7

• (a) The manufacture of vegetable or animal oils or fats;

• (b) the packing or canning of animal or vegetable products;

• (c) the manufacture of dairy products;

• (d) brewing or malting;

• (e) confectionery or syrup manufacture;

• (f) an installation for the slaughter of animals;

• (g) an industrial starch manufacturing installation;

• (h) a fish-meal or fish-oil factory; and

• (i) a sugar factory.

Textile, leather, wood and paper industries

8

• (a) A wool scouring, degreasing and bleaching factory;

• (b) the manufacture of fibre board, particle board or plywood;

• (c) the manufacture of pulp, paper or board;

• (d) a fibre-dyeing factory;

• (e) a cellulose-processing or production installation; and

• (f) a tannery or a leather dressing factory.

Rubber industry

9

The manufacture and treatment of elastomer-based products.

Infrastructure projects

10

• (a) An industrial estate development project;

• (b) an urban development project;

• (c) a ski-lift or cable-car;

• (d) the construction of a road, or a harbour including a fishing harbour, or an aerodrome, not being development falling within Schedule 1;

• (e) canalisation or flood-relief works;

• (f) a dam and other installation designed to hold water or store it on a long-term basis;

• (g) a tramway, elevated or underground railway, suspended line or similar line exclusively or mainly for passenger transport;

• (h) an oil or gas pipeline installation;

• (i) a long-distance aqueduct; and

• (j) a yacht marina.

Other projects

11

• (a) A holiday village or hotel complex;

• (b) a permanent racing or test track for cars or motor cycles;

• (c) an installation for the disposal of controlled waste or waste from mines and quarries, not being an installation falling within Schedule 1;

• (d) a waste water treatment plant;

• (e) a site for depositing sludge;

• (f) the storage of scrap iron;

• (g) a test bench for engines, turbines or reactors;

• (h) the manufacture of artificial mineral fibres;

• (i) the manufacture, packing, loading or placing in cartridges of gunpowder or other explosives; and

• (j) a knacker’s yard.

12

The modification of a development which has been carried out where that development is within a description mentioned in Schedule 1.

13

Development within a description mentioned in Schedule 1, where it is exclusively or mainly for the development and testing of new methods or products and will not be permitted for longer than one year.

SCHEDULE 3 — ENVIRONMENTAL STATEMENTS

1

An environmental statement comprises a document or series of documents prepared by the applicant providing, for the purpose of taking into consideration environmental information in respect of a proposed development, the information specified in paragraph 2 (referred to in this Schedule as “the specified information”).

2

The specified information is—

• (a) a description of the proposed development, comprising information about the site and the design and size or scale of the proposed development;

• (b) the data necessary to identify and assess the main effects which that development is likely to have on the environment;

• (c) a description of the likely significant effects, direct and indirect, on the environment of the proposed development, explained by reference to its possible impact on—

• (A) human beings;

• (B) flora;

• (C) fauna;

• (D) soil;

• (E) water;

• (F) air;

• (G) climate;

• (H) the landscape;

• (I) the inter-action between any of the foregoing;

• (J) material assets;

• (K) the cultural heritage;

• (d) where significant adverse effects are identified with respect to any of the foregoing, a description of the measures envisaged in order to avoid, reduce or remedy those effects;

• (e) and a summary in non-technical language of the information specified above.

3

An environmental statement may include, by way of explanation or amplification of any specified information, further information on any of the following matters:—

• (a) the physical characteristics of the proposed development, and the land-use requirements during the construction and operational phases;

• (b) the main characteristics of any production processes proposed, including the nature and quality of the materials to be used;

• (c) the estimated type and quantity of expected residues and emissions (including pollutants of water, air or soil, noise, vibration, light, heat and radiation) resulting from the proposed development when in operation;

• (d) (in outline) the main alternatives if any studied by the applicant, appellant or authority and an indication or the main reasons for their choice, taking into account the environmental effects;

• (e) the likely significant direct and indirect effects on the environment of the proposed development which may result from—

• (i) the use ot natural resources;

• (ii) the emission of pollutants, the creation of nuisances, and the elimination of waste;

• (f) the forecasting methods used to assess any effects on the environment about which information is given under sub-paragraph (e); and

• (g) any difficulties, such as technical deficiencies or lack of know-how, encountered in compiling any specified information.

In paragraph (e) “effects” includes secondary, cumulative, short, medium and long-term, permanent, temporary, positive and negative effects.

4

Where further information is included in an environmental statement pursuant to paragraph 3, a non-technical summary of that information shall also be provided.

SCHEDULE 4 — BODIES TO BE CONSULTED

1

Any adjoining planning authority where the proposed development is likely to affect land in their area.

2

The district planning authority where the application falls to be determined by the regional planning authority.

3

The Countryside Commission for Scotland.

4

The Health and Safety Executive.

5

The Nature Conservancy Council.

6

The regional planning authority, where the application falls to be determined by the district planning authority.

7

The River Purification Authority for the area in which the proposed development is situated.

8

The Secretary of State.

9

For the purposes of Part IV of these Regulations, the planning authority.

SCHEDULE 5 — THE ENVIRONMENTAL ASSESSMENT (SCOTLAND) REGULATIONS 1988

Signed

Malcolm Rifkind — One of Her Majesty’s Principal Secretaries of State — 12th July 1988

Explanatory note

(This note is not part of the Regulations)

The Regulations implement, for Scotland, Council Directive No. 85/337/EEC (O.J. No. L175, 5.7.85, p. 40) (“the directive”) on the assessment of the effects of certain public and private projects on the environment.

The Regulations are in seven parts covering types of project subject to different consent procedures and apply to any projects for which application is made on or after 15th July 1988.

PART I —INTRODUCTORY Regulation 1 provides for the citation, commencement and application of the Regulations. Regulation 2 provides general interpretations of terms applicable to all Parts of the Regulations.

PART II —PLANNING Part II of the Regulations imposes new procedural requirements in connection with the consideration of applications for planning permission under Part III of the Town and Country Planning (Scotland) Act 1972 and with the procedures for development by planning authorities under the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981. The descriptions of development which are affected by this Part of the Regulations are set out in Schedules 1 and 2. Development mentioned in Schedule 2 is only affected if it would be likely to have significant effects on the environment by virtue of, inter alia, its nature, size or location. Regulation 5 extends the statutory power to provide in a development order for the giving of directions so that the Secretary of State can be empowered to direct whether development is, or is not, within the scope of the Regulations. He may also be given power to exempt particular development by direction. Regulation 6 prohibits the grant of planning permission for affected development unless the planning authority, the Secretary of State or a reporter has first taken into consideration environmental information in respect of the proposed development. Persons proposing to apply for planning permission may seek a preliminary opinion from the planning authority as to whether consideration of environmental information in respect of a proposed development is required and may seek a direction from the Secretary of State if they do not accept the authority’s opinion (regulation 7). Regulations 8 provides a procedure for requiring bodies with relevant information to make it available to the developer and regulation 9 provides the procedure for an applicant seeking a direction of the Secretary of State. Regulations 10 and 11 provide for the opinion of a planning authority and directions of the Secretary of State to be made available to interested parties and the public. In regulations 12 to 15 procedures are provided for considering whether an application requires consideration of environmental information and for requiring the submission of an environmental statement if necessary. Regulation 16 provides procedures for publicising the environmental statement through notification of owners, occupiers and lessees of neighbouring land and through press advertisement. Regulations 17 to 19 deal with consultation about an environmental statement whether submitted to the planning authority (regulation 18) or the Secretary of State (regulation 19) and provide procedures. Regulation 20 extends the time allowed to a planning authority to consider an application for planning permission from 2 months to 4 months where consideration of environmental information is required and provides that the time does not run until an environmental statement is submitted or while the need for consideration of environmental information is being considered. Regulation 21 concerns the provision of a copy of an environmental statement for the Secretary of State. Regulation 22 empowers a person taking into consideration environmental information to require further information or the verification of information. Regulation 23 requires the bodies mentioned in Schedule 4 to supply information (other than confidential information) for the preparation of an environmental statement where they are required to do so. Regulation 24 requires the Secretary of State to be informed of planning decisions by planning authorities involving consideration of environmental information. Regulations 25 to 28 relate to developments being undertaken by planning authorities and provide for, where necessary, the provision of an environmental statement (regulation 25); the provision of relevant information to the planning authority by bodies mentioned in Schedule 4 (regulation 26); and consultation on and publicity for an environmental statement by neighbour notification and press advertisement (regulation 27). Regulation 28 provides that no planning permission shall be deemed to be granted under the 1981 Regulations for development requiring consideration of environmental information and requires all such proposals to be submitted to the Secretary of State. Regulation 29 provides that the Secretary of State shall inform the authorities, bodies and persons consulted by the planning authority about his decision on whether to grant planning permission. Regulation 30 applies the requirements of the Regulations to applications being dealt with by a regional planning authority where that authority has used its powers to call in the application for its own determination. Regulation 31 modifies the operation of sections 231 and 233 of the Town and Country Planning (Scotland) Act 1972 so that decisions of the Secretary of State (or a reporter) may be challenged on the ground that regulation 6 has been contravened: Regulation 32 provides for the method of service of notices under the Regulations.

PART III —ELECTRICITY APPLICATIONS Part III of the Regulations provides for the implemention of the directive in relation to applications for consent or approval of electricity developments made under the Electricity (Supply) Acts 1882-1936, the Schedule to the Electric Lighting (Clauses) Act 1899 and the Electricity (Scotland) Act 1979. The principal provisions are as follows:— Regulation 35 prohibits the grant of consent or approval to an electricity application without the Secretary of State having taken into consideration environmental information in respect of the proposed development where the development falls within a description within Schedule 1 or Schedule 2 and is likely to have significant effects on the environment. Regulation 36 provides for the Secretary of State to direct that an electricity application requires or does not require consideration of environmental information and for the Secretary of State to direct that a particular electricity application, in respect of which consideration of environmental information would be required in terms of the Regulations, be exempt in whole or part from the Regulations. Regulation 37 sets out the procedures to be undertaken where the Secretary of State receives an electricity application which requires consideration of environmental information but which is not accompanied by an environmental statement. It further provides for the applicant to apply to the Secretary of State for a direction as to whether consideration of environmental information is required, or to apply for the exemption of the application in whole or in part from the Regulations. Regulation 38 sets out the procedures which the applicant is required to follow when making application for a direction to the Secretary of State and also sets out time limits for the Secretary of State’s consideration of the application for a direction. Regulation 39 provides for any direction by the Secretary of State to be sent to the applicant, to the relevant planning authority and to other appropriate persons. Regulation 40 provides that, where an electricity applicant submits an environmental statement to the Secretary of State, the applicant shall issue a public notice to the effect that an environmental statement has been prepared and is available for inspection. The regulation also provides for representations to be made in respect of the environmental statement. Regulation 42 provides for the relevant planning authority to consult relevant authorities, bodies or persons mentioned in Schedule 4 about an environmental statement. The regulation further provides for consultees to make representations and for the planning authority to consider these representations with the environmental statement. Provision is also made for the Secretary of State to be provided with a report by the planning authority on their consideration of the environmental statement and with copies of any representations, and for the Secretary of State to consider the environmental statement together with all representations received under this regulation or regulation 40. Regulation 43 provides for the Secretary of State to require the applicant to provide such further information as the Secretary of State may consider necessary in order that he can consider an electricity application. Regulation 44 requires bodies consulted regarding environmental statements to provide the applicant with any information in their possession which he or they consider relevant to the preparation of the statement. Regulation 45 provides that where the Secretary of State has taken into consideration environmental information and determined an electricity application he shall inform the applicant, the planning authority and all authorities, bodies or persons consulted under regulation 42 of his decision. It further provides that the planning authority shall make the determination available for public inspection.

PART IV —SPECIFIC DEVELOPMENTS IN NEW TOWNS Regulations 46 to 62 implement the directive in respect of specific developments in New Town Development Corporation areas and provide procedures for New Town Development Corporations to consider whether applications for authorisation of development require consideration of environmental information, to require the developer to prepare an environmental statement and to require the Development Corporation to undertake the necessary consultation and publicity and take the results thereof into consideration in coming to their decision on the application for authorisation. Regulation 48 prohibits the authorisation of any development falling within the scope of the directive without first taking into consideration of environmental information in respect of the project. Regulation 49 provides that the Secretary of State may direct whether development requires consideration of environmental information or that it should be exempt from the scope of the Regulations. Regulations 50 to 56 provide procedures in relation to the provision of an environmental statement and the consideration thereof by the Development Corporation. Regulation 50 provides for procedures for the Development Corporation, where they consider that consideration of environmental information is required in respect of a proposed development, but the application is not accompanied by an environmental statement, to ask the applicant for such a statement. The applicant may provide the statement or apply to the Secretary of State for a direction. If he takes no action his application is deemed to be withdrawn. When an environmental statement is received by the Development Corporation they must give it appropriate publicity (regulation 51), make copies of it available for the public (regulation 52) and consult those bodies with an interest in the environmental statement (regulation 53), inviting representations. The Development Corporation may require further information to be provided by the applicant (regulation 54) and any body that has relevant information in its possession must make it available to the applicant for the preparation of the environmental statement (regulation 55). Regulation 56 provides that once the Development Corporation have made their decision on the proposed specific development they must inform the applicant, the Secretary of State, all the authorities, bodies and persons consulted under regulation 53 and those persons having a notifiable interest in terms of regulation 51. It further provides that the Development Corporation shall make their decision available for public inspection. Regulation 57 to 62 provide parallel procedures where the development is to be undertaken by the Development Corporation itself. Regulation 57 requires that the Development Corporation shall consider whether they require to take into consideration environmental information in respect of the proposed development and, if so, they shall provide an environmental statement in respect of the proposed development. Regulation 58 requires bodies with relevant information in their possession to make it available to the Development Corporation. Regulation 59 requires that the environmental statement be publicised through notification of owners, lessees and occupiers of neighbouring land and through press advertisement, stating that representations may be made. Regulation 60 requires the Development Corporation to inform of their decision, on their proposed specific development, the Secretary of State and all other consulted or notified authorities, bodies and persons. It also requires them to make their decision available for public inspection. Regulation 61 provides a procedure for applications to the Secretary of State for a direction as to whether development requires consideration of environmental information or is exempt development. Regulation 62 provides a procedure for the Secretary of State to make available the terms of any direction he makes under regulation 49.

PART V —DRAINAGE WORKS Regulations 63 to 68 provide that the Secretary of State shall take into consideration environmental information about any proposed drainage works for which authority under the Land Drainage (Scotland) Act 1958 is sought if they are likely to have significant effects on the environment. Regulation 65 prohibits the Secretary of State from making an improvement order authorising drainage works which come within the scope of the directive unless he has first taken into consideration environmental information in respect of the works. Regulation 66 requires any bodies with relevant information in their possession to make it available to the applicant for the improvement order. Regulation 67 requires an environmental statement to be submitted to the Secretary of State and also requires the Secretary of State to notify and publicise the environmental statement in the same manner as a draft order under the First Schedule to the Land Drainage (Scotland) Act 1958. Regulation 68 enables the Secretary of State to require such further information from the applicant for the improvement order as he considers necessary to enable the application to be determined and requires him to notify the applicant if there is further information he considers the applicant should be able to provide. The applicant shall then provide that information.

PART VI —AMENDMENTS OF THE ROADS (SCOTLAND) ACT 1984 Regulations 69 to 74 provide procedures for the Secretary of State to take into consideration environmental information on the likely environmental effects of certain trunk road projects. Regulation 70 inserts a new section 20A into the Roads (Scotland) Act 1984 requiring the Secretary of State, when he has under consideration the construction of a new road, to determine whether the project falls within the scope of the directive. Where he so considers, he shall publish an environmental statement and the new section provides for the content of such a statement. The section also provides that the public shall be given an opportunity to express an opinion before the project is initiated. The section also provides that in certain circumstances the Secretary of State shall consult the appropriate environmental bodies and lists those bodies. Regulation 71 inserts a new section 55A into the 1984 Act which makes similar provision to that inserted by regulation 70 in respect of improvements to trunk roads. Regulation 72 inserts appropriate definitions into the 1984 Act. Regulations 73 and 74 make further insertions into the 1984 Act requiring the Secretary of State, where he has published an environmental statement to take into account environmental information in respect of a proposed project before making an order or a scheme under the 1984 Act.

PART VII —GENERAL Regulation 75 provides that any authority, body or person who must make available any relevant information in their possession in terms of the Regulations shall not be required to provide any information which they are entitled or bound to hold in confidence. Regulation 76 provides that a reasonable charge reflecting printing, copying and distribution may be made for copies of an environmental statement, and that bodies required to make available information in their possession may make a reasonable charge for doing so.

SCHEDULES Schedule 1 and 2 list the descriptions of development which fall within Annexes 1 and 2 respectively to the directive and which may be subject to consideration of their environmental effects. Schedule 3 sets out the information which is required in an environmental statement. Schedule 4 lists the bodies with environmental responsibilities who are to be consulted about environmental statements and Schedule 5 prescribes a form for notification under regulation 16 of owners, occupiers and lessees of neighbouring land.

Footnotes

[^f00001]: S.I. 1988/785

[^f00002]: 1972 c. 68

[^f00003]: S.I. 1981/830, as amended by S.I. 1983/1620, 1984/237, 1985/1014 and 2007, 1986/1356 and 1988/977

[^f00005]: 1972 c. 52

[^f00006]: Section 28A was added by the Housing and Planning Act 1986 (c. 63), Schedule 11, paragraph 31; section 29 was amended by the Local Government and Planning (Scotland) Act 1982 (c. 43), Schedule 2, paragraph 6 and by the Housing and Planning Act 1986, Schedule 12.

[^f00007]: 1974 c. 40

[^f00008]: 1984 c. 54

[^f00009]: S.I. 1980/1709

[^f00010]: Section 34 was amended by the Local Government and Planning (Scotland) Act 1982 (c. 43), Schedule 2, paragraph 12 and by the Local Government (Scotland) Act 1973 (c. 65), section 172(2).

[^f00011]: 1973 c. 65; section 179 was substituted by the Local Government and Planning (Scotland) Act 1982 (c. 43), Schedule 3, paragraph 24, and was amended by the Housing and Planning Act 1986 (c. 63), Schedule 11, paragraph 61.

[^f00012]: 1882 c. 56, 1888 c. 12, 1909 c. 34, 1919 c. 100, 1922 c. 46, 1926 c. 51, 1936 c. 20

[^f00013]: 1899 c. 19

[^f00014]: 1979 c. 11

[^f00015]: S.I. 1958/131

[^f00016]: 1968 c. 16

[^f00017]: 1972 c. 52; section 21 was amended by the Housing and Planning Act 1986 (c. 63), Schedule 11, paragraph 30.

[^f00018]: 1958 c. 24

[^f00019]: 1984 c. 54