Office of Public Sector Information

PART 4 OFFENCES

Provision of false etc information

25.—(1) A person is guilty of an offence if, for the purpose of procuring or obtaining an EIA consent (whether for the benefit of himself, another or both), he—

(a) makes a statement that he knows to be false in a material particular;

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

(c) intentionally fails to disclose any material particular.

(2) A person guilty of an offence under paragraph (1) is liable—

(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum; and

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

Offences committed by bodies corporate

26.—(1) Where an offence under regulation 25 which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Offences committed by Scottish partnerships

27.  Where an offence under regulation 25 which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, one or more of the partners or any person who was purporting to act in such capacity, he as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.

PART 5 MISCELLANEOUS

Access to review procedure before a court

28.  In relation to Scotland, any non-governmental organisation promoting environmental protection and meeting any other requirements under the law shall be deemed to have an interest for the purposes of Article 10a(a) of the EIA Directive and rights capable of being impaired for the purposes of Article 10a(b) of the EIA Directive.

Revocation

29.  Part 2 of, and Schedules 1 and 2 to, the Harbour Works (Environmental Impact Assessment) Regulations 1999(27) are revoked.

Transitional and saving provisions

30.—(1) These Regulations shall not apply in relation to an application made before 24th June 2007.

(2) The revocation made by regulation 29 does not affect the application of the provisions referred to in that regulation in relation to an application made before 24th June 2007.

Regulation 8(2)

SCHEDULE 1 MATTERS RELEVANT TO CONSIDERATION OF WHETHER OR NOT AN ANNEX II PROJECT IS LIKELY TO HAVE SIGNIFICANT EFFECTS ON THE ENVIRONMENT

Characteristics of the project

1.  The characteristics of the project, having regard, in particular, to—

(a) its size;

(b) the combined effect of the project and other plans and projects;

(c) the use of natural resources in the course of the project;

(d) the production of waste, pollution and nuisances; and

(e) the risk of accidents, having regard in particular to substances or technologies used.

Location of the project

2.  The environmental sensitivity of geographical areas likely to be affected by development under the project, having regard, in particular, to—

(a) their existing use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area;

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) any wetland;

(ii) any coastal zone;

(iii) mountain and forest zones;

(iv) any nature reserve or parks;

(v) any area classified or protected under the legislation of any EEA State;

(vi) any area designated by any EEA State under the Wild Birds Directive or the Habitats Directive;

(vii) any area in which the environmental quality standards laid down in Community legislation have already been exceeded;

(viii) any densely populated area; and

(ix) any landscape of historical, cultural or archaeological significance.

Characteristics of the potential impact

3.  The potential significant effects of development under the project in relation to the matters set out in paragraphs 1 and 2, having regard in particular to—

(a) the extent of the impact with reference to the geographical area and the size of the affected population;

(b) the nature of any impact on any other EEA state;

(c) the magnitude and complexity of the impact;

(d) the probability of the impact; and

(e) the duration, frequency and reversibility of the impact.