Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. No. 114 of 2017).

Subject

Agricultural & rural development, Environment gen., Water, Wild species & ecosystems

Keyword

Sustainable development Farming Agricultural development Cultural heritage EIA Waterworks Drainage/land reclamation Data collection/reporting Irrigation Ecosystem preservation Protection of habitats

Geographical area

Atlantic Ocean Islands, Europe, Europe and Central Asia, North Atlantic, North Sea, North-East Atlantic, Northern Europe

Abstract

These Regulations implement, in relation to the use of uncultivated land or semi-natural areas for intensive agricultural purposes, the restructuring of rural land holdings on agricultural land, irrigation and land drainage, Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU of the European Parliament and of the Council (“the EIA Directive”). They do so by imposing procedural requirements in relation to the consideration of applications for consent and restricting the grant of consent unless an Environmental Impact Assessment (“EIA”) has been carried out. The Regulations, among other things, prohibit the grant of consent for an EIA project unless an EIA has been carried out and the Scottish Ministers have first taken account of the environmental information (defined in regulation 2(1)) which is before them. Regulation 26 makes equivalent provision in relation to the determination of an application for multi-stage consent. it is prohibited to begin or carry out an EIA project for agriculture or irrigation without first obtaining consent from the Scottish Ministers. Procedures for consent are prescribed. Scottish Ministers must not grant consent for a project which would involve activities prohibited under those provisions of the Habitats Regulations which implement Articles 12, 13, 15 and 16 of the Habitats Directive. The Regulations also provide for appeal against decisions.

Full text

English

Website

www.opsi.gov.uk

References - Legislation

Implements

Directive 2014/52/EU of the European Parliament and of the Council amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment.

Legislation | European Union | 2014

Keyword: EIA, Legal proceedings/administrative proceedings, Climate change, Offences/penalties, Cultural heritage

Source: FAO, FAOLEX

Amends

Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. No. 209 of 2011).

Legislation | United Kingdom | 2011

Keyword: Freshwater resources management, Freshwater pollution, Authorization/permit, EIA, Potable water, Groundwater, Monitoring, Enforcement/compliance, Offences/penalties, Pollution control

Source: FAO, FAOLEX

Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. No. 1 of 1999).

Legislation | United Kingdom | 1999

Keyword: EIA, Land-use planning, Waterworks, Drainage/land reclamation

Source: FAO, FAOLEX

Amended by

Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. No. 168 of 2017).

Legislation | United Kingdom | 2017

Keyword: EIA, Legal proceedings/administrative proceedings, Forestry protection measures, Forest management/forest conservation, Land-use planning, Irrigation, Protection of habitats

Source: FAO, FAOLEX