(2) The Scottish Ministers shall notify the applicant of the date the application was received by them.

    (3) If the Scottish Ministers consider that they do not have sufficient information to make the screening decision, they may request that the applicant supply any additional information they require.

    (4) The Scottish Ministers shall decide in accordance with the selection criteria set out in Schedule 1 and paragraph (5) below whether a project is likely to have a significant effect on the environment.

    (5) A project which the Scottish Ministers decide is likely to have a significant effect on a European site (either alone or in combination with other projects) and which is not directly connected with, or necessary to, the management of the site, shall be treated as likely to have a significant effect on the environment.

    (6) The Scottish Ministers shall decide whether a project is a relevant project in accordance with the selection criteria set out in Schedule 1 within 35 days of the notified date and before reaching a screening decision, may consult with such of the consultation bodies as they think fit.

    (7) The Scottish Ministers shall-

(a) notify the screening decision together with a statement giving the full reasons for the decision to the applicant;

(b) enter the screening decision in a public register which shall be publicly available for inspection at all reasonable times and may be made available in electronic form; and

(c) notify the screening decision to such of the consultation bodies as would, in their opinion, wish to be informed of it.

    (8) If an applicant who has not been notified of a screening decision within the period specified in paragraph (6) above notifies the Scottish Ministers of the intention of that person to treat such failure to notify that applicant as a decision that the project is a relevant project, the Scottish Ministers shall be deemed to have decided that the project is a relevant project on the date the applicant so notifies them.

    (9) If at any time after the Scottish Ministers have decided that a project is a relevant project under this regulation, they receive further information or representations which cause them to decide that the project is not a relevant project, they shall notify that decision and a statement giving the full reasons for the decision to the applicant and to the consultation bodies notified (in accordance with paragraph (7)(c) above) and shall enter the decision in the register referred to at paragraph (7)(b) above.

    (10) If a project to which a screening decision relates has not been commenced (by the carrying out of a material act) before the expiry of three years from the notified date or the date it was deemed to have been decided in accordance with paragraph (8) above, that screening decision shall cease to have effect.

    (11) In paragraphs (6) and (10) above, "the notified date" means-

(a) the date notified to the applicant in accordance with paragraph (2) above;

(b) the date on which additional information is requested in accordance with paragraph (3) above; or

(c) such date as may be agreed with the applicant,

and shall make arrangements to ensure that the EEA State may indicate within a reasonable time whether it wishes to participate in the procedure set out in these Regulations.

    (2) If the EEA State indicates that it does wish to participate in the procedure set out in these Regulations, the Scottish Ministers shall make arrangements to ensure that it is sent a copy of the application for consent (including the environmental statement) together with any additional environmental information and shall make arrangements to ensure that it is provided with relevant information regarding the said procedure.

    (3) The Scottish Ministers shall also make arrangements-

(a) for the particulars and information referred to in paragraphs (1) and (2) to be made available, within a reasonable time, to the authorities referred to in Article 6(1) of the EIA Directive and the public concerned in the territory of the EEA State likely to be significantly affected; and

(b) to ensure that those authorities and the public concerned are given an opportunity, before consent for the project is granted, to forward to the Scottish Ministers, within a reasonable time, their opinion on the information supplied.

    (4) In accordance with Article 7(4) of the EIA Directive, the Scottish Ministers shall-

(a) ensure that consultations are entered into with the EEA State concerned regarding, amongst other things, the potential significant effects of the project on the environment of that State and the measures envisaged to reduce or eliminate such effects; and

(b) make arrangements with a view to seeking to agree with the other EEA State a reasonable period of time for the duration of the consultation period (to include consideration of any opinions received pursuant to paragraph (3)(b) above).

    (5) Where the Scottish Ministers receive from another EEA State information which has been made available in accordance with Article 7(1) and (2) of the EIA Directive (which relates to projects in one EEA State which are likely to have significant effects on the environment of another EEA State), they shall-

(a) arrange for that information to be made available, within a reasonable time, to such of the consultation bodies and such members of the public as, in their opinion, would be likely to be concerned by the project; and

(b) ensure that the consultation bodies and members of the public provided with information in accordance with sub-paragraph (a) above are given an opportunity during the period agreed in accordance with paragraph (6)(b) below, to forward to the competent authority in the relevant EEA State, within a reasonable time, their opinion on the information provided.

    (6) In accordance with Article 7(4) of the EIA Directive, the Scottish Ministers shall-

(a) ensure that consultations are entered into with an EEA State from which information has been received as mentioned in paragraph (5) above regarding, amongst other things, the potential significant effects of the proposed project on the environment in Scotland and the measures envisaged to reduce or eliminate such effects; and

(b) make arrangements with a view to seeking to agree with that EEA State a reasonable period, before consent for the project is granted, during which the consultation bodies and members of the public referred to in paragraph (5)(b) above may forward their opinion to the competent authority in that EEA State in accordance with that paragraph.

    (5) In this regulation-

"appropriate consultation bodies" has the same meaning as consultation bodies in the England Regulations;

    (3) The Scottish Ministers shall not grant consent for a project which would involve doing anything which would be unlawful under regulations 39, 41 or 43 of the Habitats Regulations (which shall not include anything for which a licence has been granted under regulation 44 of those Regulations).

    (4) Paragraphs (5) to (9) below shall apply to a decision by the Scottish Ministers whether or not to grant consent for a project which is likely to have a significant effect upon a European site (either alone or in combination with other projects) (referred to in those paragraphs as "the European site project").

    (5) Subject to paragraphs (7) and (8) below, the Scottish Ministers shall grant consent for the European site project only if they have considered its implications for the European site and are satisfied that the European site project will not adversely affect the integrity of that site.

    (6) The consideration of implications to be undertaken under paragraph (5) above shall involve an appropriate assessment of the implications of the European site project for the European site in view of the conservation objectives of the site.

    (7) If the Scottish Ministers are satisfied that, there being no alternative solutions, the European site project must be carried out for imperative reasons of overriding public interest (which, subject to paragraph (8) below, may be of a social or economic nature), they may grant consent for the European site project, notwithstanding a negative assessment of the implications for a European site.

    (8) Where a European site concerned hosts a priority natural habitat type or a priority species, the reasons referred to in paragraph (7) above must be either-

(a) reasons relating to human health, public safety or beneficial consequences of primary importance to the environment; or

(b) other reasons which in the opinion of the European Commission are in the case of the site concerned imperative reasons of overriding public interest.

    (9) Where in accordance with paragraph (7) above, consent is granted for a European site project notwithstanding a negative assessment of the implications for a European site, the Scottish Ministers shall secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 (as defined in the Habitats Regulations) is protected.

    (10) Any consent granted in accordance with paragraph (1) above shall be subject to the conditions required by paragraph (11) below and to such additional conditions as the Scottish Ministers may think fit.

    (11) Every consent shall be granted subject to conditions to the effect that-

(a) the consent shall lapse if the project has not commenced (by the carrying out of a material act) within one year of the date on which it was granted;

(b) if the project has not been completed (which, for these purposes, shall mean that works permitted by the consent have been carried out and completed and all changes in the use or level of use of the relevant land permitted by the consent have been implemented) within three years of the date on which the consent was granted, the consent shall expire and the Scottish Ministers may require operations or uses implemented pursuant to the consent to cease until they have granted further consent in accordance with sub-paragraph (d) below;

(c) the consent authorises the project only as described in the consent application, subject to any amendments approved by the Scottish Ministers, and any material change in the operations or uses so authorised shall require further consent in accordance with sub-paragraph (d) below;

(d) applications for further consent under conditions in sub-paragraphs (b) or (c) above shall be subject to such of the requirements of these Regulations as the Scottish Ministers think fit.

    (12) When the Scottish Ministers have decided whether to grant consent they shall-

(a) notify the applicant, those consultation bodies to whom copies of the consent application were sent in accordance with regulation 9(2)(a), any EEA State consulted pursuant to regulation 11(4) and any other authority or person who forwarded their opinion pursuant to regulation 11(3)(b) of their decision, together with the full reasons and considerations on which the decision is based;

(b) inform the public of the decision by publishing a notice in a newspaper circulating in the locality of the relevant land or by such other means as they consider reasonable in the circumstances; and

(c) make available for public inspection a statement containing-


(i) the content of the decision;

(ii) the full reasons and considerations on which the decision is based; and

(iii) a description, where relevant, of the principal measures required to be taken to avoid, reduce or offset the major adverse effects of the project.

    (13) Where the Scottish Ministers have decided to grant consent for a project-

(a) which consists of the carrying out of operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest;

(b) which Scottish Natural Heritage have advised against permitting or have advised should be permitted only subject to certain conditions; and

(c) in respect of which the decision of the Scottish Ministers does not follow the advice referred to in sub-paragraph (b) above,

may by notice appeal to the Scottish Ministers against the consent or decision as the case may be (in this regulation and in regulation 18 referred to as "the relevant decision") in accordance with this regulation and, except in the case of a deemed decision, when making the relevant decision the Scottish Ministers shall advise all persons with a right of appeal under this paragraph of that right.

    (2) A person to whom paragraph (1) above applies must serve notice of an appeal on the Scottish Ministers within 3 months from the date upon which that person was notified of the relevant decision.

    (3) Notice of an appeal shall include-

(a) a description of the relevant decision;

(b) a statement of the grounds of appeal; and

(c) a statement indicating whether the appellant wishes the appeal to be disposed of on the basis of written representations or to be in the form of a hearing or an inquiry.

    (4) Where a notice of an appeal is served in relation to a decision referred to in paragraph (1)(c) or (d) above, the revocation or modification concerned shall not take effect or the reinstatement works shall not require to commence (as the case may be) until the expiry of the period of appeal following final determination (whether pursuant to this regulation or regulation 18) or until the withdrawal of the appeal.

    (5) As soon as reasonably practicable after receipt of notice of an appeal, the Scottish Ministers shall serve copies of the notice (or arrange for copies to be served) on-

(a) such of the consultation bodies as they think fit;

(b) any person who made representations in respect of the relevant decision;

(c) any EEA State consulted pursuant to paragraph (4) of regulation 11;

(d) any authority or person who forwarded their opinion to them pursuant to paragraph (3)(b) of that regulation; and

(e) any other person who appears to them to have a particular interest in the subject matter of the appeal.

and who is aggrieved by the decision of the Scottish Ministers (or the delegated person) pursuant to regulations 15, 16 and 17-

(i) that a project is or is not a relevant project;

(ii) to refuse to grant consent for a relevant project;

(iii) to grant consent for a relevant project;

(iv) as to the conditions to be imposed in such a grant,



may appeal to the sheriff.

shall be guilty of an offence.

    (2) A person guilty of an offence under paragraph (1) above shall be liable-

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale; or

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

    (5) In proceedings for an offence under this regulation it shall be a defence for the accused to prove that-

(a) the stop notice was not served on the accused; and

(b) the accused did not know, and could not reasonably have been expected to know, of its existence.

    (4) Where an appeal by summary application is made in accordance with this regulation, the reinstatement notice shall be of no effect until the date of determination or abandonment of the summary application or any appeal therefrom by the applicant or the appellant, as the case may be.

    (5) For the purposes of paragraph (4) above, the "date of determination" means-

(a) in the case of an appeal from the sheriff or where there is a further right of appeal in relation to that determination, the date of expiry of the period within which an appeal may be taken; or

(b) in the case where there is no such right of appeal, the date of final determination.

    (6) If any person, without reasonable excuse, fails to comply with any requirement of a reinstatement notice served under paragraph (1) above, that person shall be guilty of an offence and liable on summary conviction-

(a) to a fine not exceeding level 5 on the standard scale; and

(b) if the failure is continued after conviction, to a further fine not exceeding one twentieth of the sum equivalent to level 5 on the standard scale for every day on which the failure is so continued.

if there are reasonable grounds for entering for the purpose in question.

    (2) Any person duly authorised in writing by the Scottish Ministers who has reasonable grounds for suspecting that a person has committed an offence under regulation 21, may enter any premises, other than premises used only as a dwelling, which are, or which such person has reasonable cause to believe to be, occupied by, or in the possession of, the person believed to be responsible for committing the offence, and may inspect and take copies of any records which that authorised person has reasonable cause to believe are relevant to the suspected offence.

    (3) If any measures required by a reinstatement notice or by notice served in accordance with paragraph 5 of Schedule 3 have not been taken within the period specified in the notice-

(a) any person duly authorised in writing by the Scottish Ministers may, at a reasonable time, enter the land to which the notice relates; and

(b) may recover from the person in default as a debt the expenses reasonably incurred in doing so.

(a) the size of the project;

(b) the cumulation with other projects;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances; and

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

     2. Location of project
The environmental sensitivity of geographical areas likely to be affected by projects, having regard in particular to-

(a) the existing land use;

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

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


(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under legislation (including European sites);

(vi) areas in which environmental quality standards laid down in Community legislation have already been exceeded;

(vii) densely populated areas; and

(viii) landscapes of historical, cultural or archaeological significance.

     3. The potential impact
The potential significant effects of projects, in relation to criteria set out under paragraphs 1 and 2 above, having regard in particular to-

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

(b) the impact on other member States;

(c) the magnitude and complexity of the impact;

(d) the probability of the impact; and

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

(a) a description of the physical characteristics of the whole project and the land use requirements during the construction, or other implementation, and operational phases;

(b) a description of the main characteristics of the production processes, for instance, nature and quantity and the materials used;

(c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed project.

     2. An outline of the main alternatives studied by the applicant for consent and an indication of the main reasons for the preferred choice, taking into account the environmental effects.

     3. A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

     4. A description of the likely significant effects of the project on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the project, resulting from-

(a) the existence of the project;

(b) the use of natural resources; and

(c) the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the applicant for consent of the forecasting methods used to assess the effects on the environment.

     5. A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

     6. A non-technical summary of the information provided under paragraphs 1 to 5 of this Part.

     7. An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the applicant for consent in compiling the required information.

(a) may require any person interested in the relevant land to supply them with such information as they may reasonably think necessary;

(b) shall consult Scottish Natural Heritage and have regard to any representations made by them within such reasonable time as they may specify; and

(c) may, if they consider it appropriate, consult members of the public.

     3. Unless, following that assessment, the Scottish Ministers are satisfied that the project permitted by the decision or consent will not adversely affect the integrity of the European site and that paragraph (7) of regulation 13 does not apply, they shall, in the case of a decision, revoke that decision and, in the case of a consent, either revoke that consent or make such modifications to the consent as appear to them to be necessary to ensure that the project will not adversely affect the integrity of the European site and they shall notify that decision to all persons who appear to them to have an interest in the relevant land.

     4. Subject to paragraph 5 below, a revocation or modification of a decision or a consent in pursuance of which works have been commenced or completed shall not affect so much of those works as have already been carried out.

     5. If, where a project which is subject to a decision made under paragraph 3 above has commenced, it appears to the Scottish Ministers to be necessary to safeguard the integrity of the European site, they may by notice require the person responsible for carrying out such works or any person interested in the relevant land to carry out such works of reinstatement as may be reasonable in the circumstances and any person who carries out works in compliance with such a requirement shall be entitled, on making a claim in accordance with paragraph 7 below, to recover from the Scottish Ministers compensation in respect of any expenses reasonably incurred by such claimant in that behalf.

     6. If, following a decision under paragraph 3 above, a person has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification or has otherwise sustained loss or damage which is directly attributable to the revocation or modification, that person shall be entitled to be paid compensation on submitting a claim in accordance with paragraph 7 below.

     7. A claim for compensation payable under paragraph 5 or 6 above shall be submitted to the Scottish Ministers within 42 days of notification of the decision in respect of which compensation is payable and shall be accompanied by such evidence as the Scottish Ministers may reasonably require.

     8. Any dispute as to the amount of compensation payable under paragraphs 5 or 6 above may be referred to the Lands Tribunal for Scotland within 5 years of the date of notification of the decision in respect of which compensation is payable.

     9. Nothing in this regulation shall affect anything done in pursuance of a decision or consent before the date on which the site became a European site.

(a) may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified;

(b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment;

(c) may, by notice in writing given to the appointed person, be revoked at any time by the Scottish Ministers in respect of any appeal or matter which has not been determined by the appointed person before that time; and

(d) shall confirm whether the appointed person is a reporter or a delegated person.

     3.  - (1) The provisions of this paragraph shall apply to an appeal which falls to be determined by a delegated person.

    (2) Where a delegated person holds an inquiry, an assessor may be appointed by the Scottish Ministers to sit with the appointed person at the inquiry and advise on any matters arising, notwithstanding that the delegated person is to determine the appeal or matter.

    (3) Subject to regulation 15(13), the expenses of an inquiry held by a delegated person under these Regulations shall be met by the Scottish Ministers.

     4.  - (1) Where under paragraph 2(c) above the appointment of the appointed person is revoked in respect of any appeal or matter, the Scottish Ministers shall, unless they propose to determine the appeal or matter themselves, appoint another person under regulation 15(10) to determine the appeal or matter instead.

    (2) Where such a new appointment is made, the consideration of the appeal or matter, or any inquiry in connection with it, shall be begun afresh.

    (3) Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

     5.  - (1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Scottish Ministers.

    (2) Sub-paragraph (1) shall not apply-

(a) for the purposes of so much of any contract made between the Scottish Ministers and the appointed person as relates to the exercise of the function; or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.