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Sections 55A and 55B
     50. For section 55A[29] there shall be substituted the following-

" Environmental assessment of certain road improvement projects
     55A.  - (1) If the Scottish Ministers as roads authority have under consideration-


(a) the making of an order such as is mentioned in paragraph 1 of Schedule 1 to this Act relating to the improvement of a road; or

(b) the improvement of a road without such an order,



they shall, before details of the project are published, determine whether or not it falls within Annex I or Annex 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 contained in Annex III, it should be made subject to an environmental impact assessment in accordance with the Directive,



they shall no later than the date when details of the project are published, publish an environmental statement.

    (3) The Scottish Ministers shall publish any determination made by them in accordance with subsection (2) above.

    (4) Any project for the improvement of a special road which falls within Annex II shall be treated as having characteristics that require it to be made subject to an environmental impact assessment.

    (5) The Scottish Ministers shall publish any environmental statement 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 they decide whether to proceed with the project, and they shall not make any such decision without taking into consideration any opinion so expressed to them within a period of 3 weeks running from the date of publication of the environmental statement.

    (6) The Scottish Ministers shall ensure that the consultation bodies are given an opportunity to express an opinion on the published details of the project and the environmental statement before they decide whether to proceed with the project.

    (7) In this section, the expressions "the Directive", "Annex", "relevant project" and "sensitive area" shall have the meanings assigned to those expressions in section 20A(9) of this Act with the proviso that in the definition of "relevant project" the reference to the construction of a new road shall be a reference to the improvement of a road and cognate expressions shall be construed accordingly.

Application of section 20B
     55B. The provisions of section 20B of this Act shall apply to a project in terms of section 55A of this Act as they apply to a project in terms of section 20A of this Act.".

Section 151
     51. Section 151[30] shall be amended as follows-

(a) the definition of "appropriate environmental body" shall be deleted and at the appropriate place there shall be inserted-

" "consultation bodies" means-
(a) the appropriate planning authority where the proposed project is likely to affect land in their area;

(b) Scottish Natural Heritage;

(c) the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995; and

(d) Historic Scotland;";



(b) for the definition of "environmental assessment" there shall be substituted-

" "environmental impact assessment" means an assessment in accordance with Council Directive No. 85/377/EEC as amended by Council Directive No. 97/11/EC;";

(c) for the definition of "environmental statement" there shall be substituted-

" "environmental statement" means a statement containing the information required by section 20A(7) or (8) of this Act;".

Schedule 1
     52. Schedule 1[31] shall be amended in each of paragraphs 7 and 13 by substituting the following for sub-paragraphs (1A) and (1B)-

    " (1A) Where the Scottish Ministers have published an environmental statement they shall take into consideration-


(a) that statement; and

(b) any opinion expressed by a member of the public, by any of the consultation bodies or by any EEA State consulted under section 20B of this Act.



    (1B) When the Scottish Ministers have decided whether to proceed with the project in relation to which an environmental impact assessment has been made they shall publish their decision together with a statement confirming that they have complied with sub-paragraph (1A) above and shall make available to the public documents containing-



(a) the content of the decision and any conditions attached to it;

(b) the main reasons and considerations on which the decision is based; and

(c) where their decision is to proceed with the project, a description of the main measures which will be taken to avoid, reduce and if possible offset any major adverse effects of the project.



    (1C) Any requirement for publication in connection with an environmental impact assessment shall be met by publication in The Edinburgh Gazette and in at least one local newspaper circulating in the area in which the project is situated.".

Application
     53. Regulations 48 to 52 shall not apply to a project-

(a) for which the Secretary of State or the Scottish Ministers had published an environmental statement before 1st August 1999 but for which no draft order or scheme was published; or

(b) in relation to which a draft order or scheme was published before that date; or

(c) where a draft order was not required and for which the works contract had been entered into before that date.

"local authority" means any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[33];

"site of special scientific interest" means land to which section 28(1) of the Wildlife and Countryside Act 1981[34] applies; and

"statutory body" means any body exercising functions conferred on it by or under any enactment;

(b) the following phrases have the meanings assigned to them by section 18(1) of the Act:-


(i) "agricultural land";

(ii) "drainage works"; and

(iii) "owner";



(c) the following phrases have the meanings assigned to them by regulation 2(1):-



(i) "the consultation bodies";

(ii) "environmental information"; and

(iii) "environmental statement".

Request for the opinion of the Scottish Ministers on the information to be supplied under this Part
     56.  - (1) An owner of agricultural land who proposes to apply under section 1 of the Act may, before submitting such application, request the opinion of the Scottish Ministers on the information to be supplied by him under this Part.

    (2) A request under paragraph (1) shall be accompanied by-

(a) a plan sufficient to identify the land on which the proposed development would be carried out;

(b) a brief description of the nature and purpose of the proposed development and its possible effects on the environment; and

(c) such other information or representations as the person making the request may wish to provide or make.

    (3) Where the Scottish Ministers upon receipt of a request under paragraph (1) consider that they have not been provided with sufficient information to give an opinion they shall notify the owner of the particular points on which they require further information.

    (4) The Scottish Ministers shall not give an opinion in response to a request under paragraph (1) until they have consulted the owner who made the request, and the local authorities and statutory bodies affected by the drainage works (including, where appropriate, the consultation bodies), but shall respond within 3 weeks of the period allowed for consultation or such longer period as may be agreed in writing with the owner.

    (5) In response to a request under paragraph (1), the Scottish Ministers shall indicate which of the descriptions of information set out in paragraphs 1 to 5 of Part I of Schedule 4 they consider relevant, taking into account-

(a) the specific characteristics of the proposed drainage works;

(b) the environmental features likely to be affected by those works; and

(c) the extent to which the owner who requested the opinion may reasonably be required to compile the information, having regard to current knowledge and methods of assessment.

    (6) Where the Scottish Ministers have given an opinion in response to a request under paragraph (1), they shall not be precluded from subsequently requiring the owner to submit further information.

Prohibition on making an improvement order without consideration of environmental information
     57. The Scottish Ministers shall not make an improvement order authorising drainage works which are likely to have significant effects on the environment by virtue inter alia of their nature, size or location unless they have taken into consideration environmental information in respect of the proposed works.

Provision of information
     58. In preparing an environmental statement the owner of agricultural land shall consult the local authorities and statutory bodies affected or likely to be concerned by the drainage works by reason of their specific environmental responsibilities (including, where appropriate, the consultation bodies) who shall make available to him any relevant information in their possession.

Submission and publication of environmental statement
     59.  - (1) This regulation applies where an owner of agricultural land applies under section 1 of the Act to the Scottish Ministers for an improvement order authorising drainage works likely to have significant effects on the environment by virtue of their nature, size or location and-

(a) the area of the proposed works exceeds 1 hectare; or

(b) the area of the proposed works or any part thereof lies within a site of special scientific interest.

    (2) Where this regulation applies, the owner shall submit an environmental statement to the Scottish Ministers along with the application under section 1 of the Act and the Scottish Ministers shall-

(a) notify and publicise the statement in the same manner as a draft improvement order under paragraph 1 of the First Schedule to the Act; and

(b) forward a copy of the statement to the local authorities and statutory bodies affected or likely to be concerned by the drainage works by reason of their specific environmental responsibilities (including, where appropriate, the consultation bodies).

Further information respecting environmental statement
     60.  - (1) When dealing with an application to which regulation 59 applies the Scottish Ministers may, after taking into account the factors mentioned in paragraph (2), require the owner of the agricultural land to provide such further information as they may specify to enable the application for an improvement order to be determined, or concerning any matter which is required to be dealt with in the environmental statement.

    (2) The factors referred to in paragraph (1) are-

(a) the specific characteristics of the proposed drainage works;

(b) the environmental features likely to be affected by those works; and

(c) the extent to which the owner may reasonable be required to have regard to current knowledge and methods of assessment.

Confidentiality
     61. Any person required to provide information under this Part shall not be required to provide information which that person is entitled or bound to hold in confidence.

Charges
     62.  - (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 this Part and for copies of an environmental statement, in excess of one copy, required by a person consulted under this Part.

    (2) A person required to supply information under this Part may make a reasonable charge reflecting the costs of making available information which he had in his possession.

"airport" means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14)[36];

"express road" means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15th November 1975[37];

"nuclear power station" and "other nuclear reactor" do not include an installation from the site of which all nuclear fuel and other radioactive contaminated materials have been permanently removed; and development for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor shall not be treated as development of the description mentioned in paragraph 2(2) of this Schedule.

Descriptions of development
The carrying out of development to provide any of the following-

     1. Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude-oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

     2.  - (1) Thermal power stations and other combustion installations with a heat output of 300 megawatts or more.

    (2) Nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile material, whose maximum power does not exceed 1 kilowatt continuous thermal load).

     3.  - (1) Installations for the reprocessing of irradiated nuclear fuel.

    (2) Installations designed-

(a) for the production or enrichment of nuclear fuel;

(b) for the processing of irradiated nuclear fuel or high-level radioactive waste;

(c) for the final disposal of irradiated nuclear fuel;

(d) solely for the final disposal of radioactive waste;

(e) solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

     4.  - (1) Integrated works for the initial smelting of cast-iron and steel.

    (2) Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

     5. Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos-

(a) for asbestos-cement products, with an annual production of more than 20,000 tonnes of finished products;

(b) for friction material, with an annual production of more than 50 tonnes of finished products; and

(c) for other uses of asbestos, utilisation of more than 200 tonnes per year.

     6. Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are-

(a) for the production of basic organic chemicals;

(b) for the production of basic inorganic chemicals;

(c) for the production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers);

(d) for the production of basic plant health products and of biocides;

(e) for the production of basic pharmaceutical products using a chemical or biological process;

(f) for the production of explosives.

     7.  - (1) Construction of lines for long-distance railway traffic and of airports with a basic runway length of 2,100 metres or more.

    (2) Construction of motorways and express roads.

    (3) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road, would be 10 kilometres or more in a continuous length.

     8.  - (1) Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 1,350 tonnes.

    (2) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

     9. Waste disposal installations for the incineration, chemical treatment (as defined in Annex IIA to Directive 75/442/EEC[38] under heading D9), or landfill of hazardous waste (that is to say, waste to which Directive 91/689/EEC[39] applies).

     10. Waste disposal installations for the incineration or chemical treatment (as defined in Annex IIA to Directive 75/442/EEC under heading D9) of non-hazardous waste with a capacity exceeding 100 tonnes per day.

     11. Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.

     12.  - (1) Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year.

    (2) In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi-annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.

     13. Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2(6) of Council Directive 91/271/EEC[40].

     14. Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.

     15. Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.

     16. Pipelines for the transport of gas, oil or chemicals with a diameter of more than 800 millimetres and a length of more than 40 kilometres.

     17. Installations for the intensive rearing of poultry or pigs with more than-

(a) 85,000 places for broilers or 60,000 places for hens;

(b) 3,000 places for production pigs (over 30 kg); or

(c) 900 places for sows.

     18. Industrial plants for-

(a) the production of pulp from timber or similar fibrous materials;

(b) the production of paper and board with a production capacity exceeding 200 tonnes per day.

     19. Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares.

     20. Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more.

[30] Relevant amendments were made by S.I. 1988/1221.back

[31] Sub-paragraph (1A) was inserted in each of paragraphs 7 and 13 by S.I. 1988/1221 and sub-paragraph (1B) was similarly inserted by S.I. 1994/2012.back

[32] 1958 c.24.back

[33] 1994 c.39.back

[34] 1981 c.69.back

[35] S.R. & O. 1946/2157; relevant amending instrument is S.I. 1992/1206.back

[36] See Command Paper 6614.back

[37] See Command Paper 6993.back

[38] O.J. No. L194, 25.7.1975, p.39. Council Directive 75/442/EEC was amended by Council Directive 91/156/EEC (O.J. No. L78, 26.3.1991, p.32) and by Commission Decision 94/3/EC (O.J. No. L5, 7.1.1994, p.15).back

[39] O.J. No. L337, 31.12.1991, p.20. Council Directive 91/689/EEC was amended by Directive 94/31/EC (O.J. No. L168, 2.7.1994, p.28).back

[40] O.J. No. L135, 30.5.1991, p.40.back

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