Procedure when proposed marine works require an environmental impact assessment
A number of significant changes are made to the EIA regime for works requiring a marine licence under the Marine (Scotland) Act 2010.Those making decisions on development proposals are required to make those decisions knowing as much information about the development and its potential impacts as possible. Implements Directive 2011/92/EU.
Who does this affect: Scotland
What is the new legislation: The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017
What does this replace: Marine Works (Environmental Impact Assessment) Regulations 2007
When does this come into force: 16 May 2017
Some larger developments could have significant effects on the environment, in which case Directive 2011/92/EU does not allow consent to be given for such developments unless an environmental impact assessment has been carried out.
The Regulations impose procedural requirements in relation to the consideration of applications for such regulatory approvals by the Scottish Ministers. All projects in schedule 1 require an environmental impact assessment (EIA). Projects in schedule 2 require an EIA if they are likely to have significant effects on the environment. Projects which require an EIA are referred to in the Regulations as “EIA projects”.
These regulations apply to new-build oil and gas terminals, chemical installations, refineries and larger onshore pipelines, inter alia. Schedule 1 fully describes project types requiring an EIA under these regulations.
The full text of the Regulations may be found here.