The Environmental Impact Assessment (Scotland) Regulations 2010: Consultation Report

This report was published in February 2011.

“This document summarises the consultation responses received by the Scottish Government to its consultation on The Environmental Impact Assessment (Scotland) Regulations 2010 1 and provides an outline of the Scottish Government’s proposals for taking forward the development of secondary legislation.

Overall, respondents were generally supportive of proposals to consolidate, update and replace Part II of the 1999 EIA regulations 2, the regulations which apply the EIA Directive 3 to the Scottish planning system. There was consensus that the proposed consolidation and general updating of the regulations would aid greater clarity in future.

The majority of respondents focused their comments on those aspects of the proposals concerning changes to take account of EIA case-law. A number of respondents commented on the need to avoid any undue regulatory burden in meeting the requirements of the Directive. In this respect proposals concerning the need to screen certain applications for changes or extensions, as well as on draft new provisions on multi-stage consents, attracted the most comment. A detailed analysis of responses to individual questions is provided below; this is followed by a section outlining the Scottish Government’s conclusions and next steps.

One respondent commented that it would have been helpful if the consultation period was timed to coincide with consultation on equivalent changes elsewhere in the UK.”

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