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Scottish Statutory Instruments

1999 No. 1

TOWN AND COUNTRY PLANNING

ROADS AND BRIDGES

LAND DRAINAGE

The Environmental Impact Assessment (Scotland) Regulations 1999

Made

8th July 1999

Laid before the Scottish Parliament

9th July 1999

Coming into force

1st August 1999

ARRANGEMENT OF REGULATIONS

Go to Preamble

  1. PART I

    INTRODUCTORY

    1. 1. Citation, commencement and extent

  2. PART II

    TOWN AND COUNTRY PLANNING

    1. Chapter 1

      General

      1. 2. Interpretation

      2. 3. Prohibition on granting planning permission without consideration of environmental information

    2. Chapter 2

      Screening

      1. 4. General provisions relating to screening

      2. 5. Requests for screening opinions of the planning authority

      3. 6. Requests for screening directions of the Scottish Ministers

    3. Chapter 3

      Procedures Concerning Applications for Planning Permission

      1. 7. Application made to a planning authority without an environmental statement

      2. 8. Application referred to the Scottish Ministers without an environmental statement

      3. 9. Appeal to the Scottish Ministers without an environmental statement

    4. Chapter 4

      Preparation of Environmental Statements

      1. 10. Scoping opinions of the planning authority

      2. 11. Scoping directions of the Scottish Ministers

      3. 12. Procedure to facilitate preparation of environmental statements

    5. Chapter 5

      Publicity and Procedures on Submission of Environmental Statements

      1. 13. Publicity for environmental statement

      2. 14. Consultation where environmental statement received by planning authority

      3. 15. Copies of environmental statement for the Scottish Ministers

      4. 16. Consultation where environmental statement received by the Scottish Ministers

      5. 17. Copies of environmental statement for the public

      6. 18. Charges for copies of environmental statements

      7. 19. Further information and evidence relating to environmental statements

    6. Chapter 6

      Availability of Directions etc. and Notification of Decisions

      1. 20. Availability of opinions, directions etc. for inspection

      2. 21. Duties to inform the public and the Scottish Ministers of final decisions

    7. Chapter 7

      Development by Planning Authorities

      1. 22. Development by planning authority – preliminary

      2. 23. Provision of information to planning authority

      3. 24. Publicity for environmental statement prepared by planning authority

      4. 25. Granting of planning permission to planning authority

      5. 26. Intimation of decision

    8. Chapter 8

      Special cases

      1. 27. Restriction of grant of permission by old simplified planning zone schemes or enterprise zone orders

      2. 28. Restriction of grant of permission by new simplified planning zone schemes or enterprise zone orders

    9. Chapter 9

      Unauthorised development

      1. 29. Prohibition on the grant of planning permission for unauthorised EIA development

      2. 30. Screening opinions of the planning authority

      3. 31. Screening directions of the Scottish Ministers

      4. 32. Provision of information

      5. 33. Appeal to the Scottish Ministers without a screening opinion or screening direction

      6. 34. Appeal to the Scottish Ministers without an environmental statement

      7. 35. Procedure where an environmental statement is submitted to the Scottish Ministers

      8. 36. Further information and evidence respecting environmental statements

      9. 37. Publicity for environmental statements or further information

      10. 38. Public inspection of documents

      11. 39. Unauthorised development with significant transboundary effects

    10. Chapter 10

      Development with Significant Transboundary Effects

      1. 40. Development in Scotland likely to have significant effects in another EEA State

      2. 41. Projects in another EEA State likely to have significant transboundary effects

    11. Chapter 11

      Miscellaneous

      1. 42. Service of notices etc.

      2. 43. Application to the Court of Session

      3. 44. Hazardous waste and material change of use

      4. 45. Extension of the period for an authority’s decision on a planning application

      5. 46. Extension of the power to provide in a development order for the giving of directions as respects the manner in which planning applications are dealt with

      6. 47. Miscellaneous and consequential amendments

  3. PART III

    ROADS

    1. 48. General

    2. 49. Sections 20A and 20B

    3. 50. Sections 55A and 55B

    4. 51. Section 151

    5. 52. Schedule 1

    6. 53. Application

  4. PART IV

    DRAINAGE WORKS

    1. 54. Application

    2. 55. Interpretation

    3. 56. Request for the opinion of the Scottish Ministers on the information to be supplied under this Part

    4. 57. Prohibition on making an improvement order without consideration of environmental information

    5. 58. Provision of information

    6. 59. Submission and publication of environmental statement

    7. 60. Further information respecting environmental statement

    8. 61. Confidentiality

    9. 62. Charges

  5. PART V

    GENERAL

    1. 63. Amendment of private legislation general orders

    2. 64. Revocation of statutory instruments and transitional provisions

  6. SCHEDULES

    1. Schedule 1

      Descriptions of development for the purposes of the definition of “Schedule 1 development”

    2. Schedule 2

      Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”

    3. Schedule 3

      Selection criteria for screening Schedule 2 development

    4. Schedule 4

      Information for inclusion in environmental statements

    5. Schedule 5

      Notice under regulation 13

    6. Schedule 6

      Notice under regulation 19

    7. Schedule 7

      Revocations

Go to Explanatory Note

The Scottish Ministers, in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972(1) and section 40 of the Town and Country Planning (Scotland) Act 1997(2) and of all other powers enabling him in that behalf, and having taken into account the selection criteria in Annex III to Council Directive 85/337/EEC(3) as amended by Council Directive 97/11/EC(4), hereby make the following Regulations:

(1)

1972 c. 68; section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15; functions of the Secretary of State under section 2(2) were transferred to the Scottish Ministers by virtue of section 53 of that Act. Back [1]

(2)

1997 c. 8; the functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. Back [2]

(3)

O.J. No. L175, 5.7.1985, p.40. Back [3]

(4)

O.J. No. L73, 14.3.1997, p.5. Back [4]

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