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SCOTTISH STATUTORY INSTRUMENTS

2006 No. 614
TOWN AND COUNTRY PLANNING
LAND DRAINAGE
ROADS AND BRIDGES
FISH FARMING
FORESTRY
AGRICULTURE
The Environmental Impact Assessment (Scotland) Amendment Regulations 2006

	Made	21st December 2006
	Laid before the Scottish Parliament	22nd December 2006
	Coming into force	1st February 2007

ARRANGEMENT OF REGULATIONS

PART I
INTRODUCTORY

1.	Citation and commencement

PART II
PLANNING AND DRAINAGE WORKS

2.	Amendment to the Environmental Impact Assessment ( Scotland) Regulations 1999

3.	Town and Country Planning

4.	Drainage Works

PART III
ROADS AND BRIDGES

5.	& 6. Amendment to Roads ( Scotland) Act 1984

7.	Transitional provisions

PART IV
MARINE FISH FARMS

8.	& 9. Amendment to the Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999

PART V
FORESTRY

10.	& 11. Amendment to the Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999

PART VI
AGRICULTURE

12.	& 13. Amendment to the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006

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 them in that behalf, hereby make the following Regulations:

PART I
INTRODUCTORY
Citation and commencement
     1. These Regulations may be cited as the Environmental Impact Assessment (Scotland) Amendment Regulations 2006 and shall come into force on 1st February 2007.

PART II
PLANNING AND DRAINAGE WORKS
Amendment to the Environmental Impact Assessment (Scotland) Regulations 1999
     2. The Environmental Impact Assessment (Scotland) Regulations 1999[3] are amended in accordance with this Part.

Town and Country Planning
     3. —(1) In regulation 2(1) (interpretation)–

" "any other information" means any other substantive information relating to the environmental statement and provided by the applicant or appellant as the case may be;";

(b) in the definition of "the consultation bodies" after paragraph (f) insert–

(c) in the footnote to the definition of "the Directive" insert at the end "and as also amended by Council Directive 2003/35/EC[4]";

(d) in the definition of "environmental information" after "further information" insert "and any other information";

(e) in the definition of "exempt development" omit "which comprises or forms part of a project serving national defence purposes or"; and

(f) in the definition of "sensitive area" delete the existing (a) to (f) and replace it with the following–

(2) In regulation 4 (general provisions relating to screening) for paragraph (4) substitute–

(3) In regulation 12 (procedure to facilitate preparation of environmental statements) for paragraph (5) substitute–

11

(5A) In relation to a person to which the Environmental Information Regulations 2004[12] apply, paragraph (4) shall not require disclosure of information which the person–

(4) In regulation 13 (publicity for environmental statement) in paragraph 1(a) after "statement" insert "and other documents submitted with the application".

(5) In regulation 19 (further information and evidence relating to environmental statements)–

(6) In regulation 20 (availability of opinions, directions etc. for inspection) in paragraph 1(g) after "further information" insert "and any other information".

(7) In regulation 21 (duties to inform the public and the Scottish Ministers of final decisions)–

(c) in paragraph (2) after "determined" insert "or a draft decision is issued".

(8) In regulation 24 (publicity for environmental statement prepared by planning authority)–

(9) In regulation 28B (application for permission under section 242A)[13]–

(b) in paragraph (9)(a) insert–

    (10) In regulation 36 (further information and evidence respecting environmental statements) in paragraph (2) after "further information" insert "and any other information".

    (11) In regulation 37 (publicity for environmental statements or further information) in paragraph (1) after "further information" where it first and second occurs insert "and any other information".

    (12) In regulation 40 (development in Scotland likely to have significant effects in another EEA State)–

(13) In regulation 41 (projects in another EAA State likely to have significant transboundary effects) omit the "and" at the end of paragraph (a) and after (b) insert–

" and

(14) After regulation 46 insert–

Access to review procedure before a court

46A.

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

(15) In Schedule 1 (descriptions of development for the purposes of the definition of "Schedule 1 development"), after paragraph 20, insert–

" 21. Any change to or extension of development listed in this Schedule where such a change or extension in itself meets the thresholds, if any, or description of development set out in this Schedule.".

(16) In Schedule 2 (descriptions of development and applicable thresholds and criteria for the purposes of the definition of "Schedule 2 development"), in paragraph 13(a) in column 1 (description of development) of the Table, after "in Schedule 1 or" insert "(other than a change or extension falling within paragraph 21 of Schedule 1)".

(17) In Schedule 5 (notice under regulation 13)–

(a) in the right hand column–

" possible decisions relating to the planning application are:–

(ii) in the second paragraph after "application" insert "and other documents submitted with the application"; and

(b) in paragraph (g) of the Notes after "address" insert "and, where available, website address.".

Drainage Works
4. —(1) In regulation 55(a) (interpretation)–

(a) after the definition of "the Act" insert–

" "environmental information" means the environmental statement, including any further information, any representations made by any body required by these Regulations to be invited to make representations, and any representations duly made by any other person about the environmental effects of the development;

"further information" has the meaning given in regulation 60(3);";

(b) after the definition of "local authority" insert:–

" "sensitive area" means any of the following–

(a) land notified under sections 3(1) or 5(1) (sites of special scientific interest) of the Nature Conservation (Scotland) Act 2004[

(c) omit the definition of "site of special scientific interest".

(2) In regulation 55(c)(ii) for "environmental information" substitute "the Directive".

(3) In regulation 59 (submission and publication of environmental statement)–

(4) In regulation 60 (further information respecting environmental statement)–

the Scottish Ministers shall within a reasonable time of receipt of such information notify and publicise the further information received in the same manner as a draft improvement order under paragraph 1 of the First Schedule to the Act (and such further information is referred to in this Part of these Regulations as "further information")."; and

(5) After regulation 60 (further information respecting environmental statement) insert–

Duties to inform the public of final decisions

60A.

Where an application for an improvement order to which this Part applies is determined by the Scottish Ministers they shall–

Development in Scotland likely to have significant effects in another EEA State
60B. —(1) Where–

(a) it comes to the attention of the Scottish Ministers that an application for an improvement order made under section 1 of the Act to which this Part applies is likely to have significant effects on the environment in another EEA State; or

(b) another EEA State likely to be so significantly affected by such an improvement order so requests,

the Scottish Ministers shall–

(i) send to the EEA State, as soon as possible and no later than the date of publication of the environmental statement and any other documents under regulation 59(2) the particulars mentioned in paragraph (2) and, if they think fit, the information referred to in paragraph (3); and

(ii) give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide.

(2) The particulars referred to in paragraph (1)(i) are–

(a) a description of the proposal for an improvement order, together with any available information on the possible significant effect of the proposed works on the environment in the other EEA State; and

(b) information on the nature of the decision which may be taken.

(3) Where an EEA State indicates, in accordance with paragraph (1)(ii), that it wishes to participate in the procedure for which these Regulations provide, the Scottish Ministers shall as soon as possible send to that EEA State the following information–

(a) a copy of the application for the improvement order concerned;

(b) a copy of the environmental statement in respect of the improvement order to which that application relates; and

(c) relevant information regarding the procedure under these Regulations,

but only to the extent that such information has not been provided to the EEA State earlier in accordance with paragraph (1)(i).

(4) The Scottish Ministers, insofar as they are concerned, shall also–

(a) arrange for the particulars and information referred to in paragraphs (2) and (3) and any other documents submitted with the application and any further information submitted by the applicant or any other person relating to the environmental statement to be made available, within a reasonable time, to the authorities referred to in Article 6(1) of the Directive and the public concerned in the territory of the EEA State likely to be significantly affected; and

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

(5) The Scottish Ministers shall, in accordance with Article 7(4) of the Directive–

(a) enter into consultations with the EEA State concerned regarding, inter alia, the potential significant effects of the drainage works on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and

(b) determine in agreement with the other EEA State a reasonable period of time for the duration of the consultation period.

(6) Where an EEA State has been consulted in accordance with paragraph (5), on the determination of the application concerned the Scottish Ministers shall inform the EEA State of the decision and shall forward to it a statement of–

(a) the content of the decision and any conditions attached thereto;

(b) the main reasons and considerations on which the decision is based including, if relevant, information about the participation of the public; and

(c) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the drainage works.

Projects in another EEA State likely to have significant effects on the environment in Scotland
60C. —(1) Where the Scottish Ministers receive from another EEA State pursuant to Article 7(2) of the Directive information which that EEA State has gathered from the developer of a proposed project in that EEA State which is likely to have significant effects on the environment in Scotland, the Scottish Ministers shall, in accordance with Article 7(4) of the Directive–

(a) enter into consultations with that EEA State regarding, inter alia, 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) determine in agreement with that EEA State a reasonable period, before development consent for the project is granted, during which the public concerned in Scotland may submit to the competent authority in that EEA State representations pursuant to Article 7(3)(b) of the Directive.

(2) The Scottish Ministers, insofar as they are concerned, shall also–

(a) arrange for the information referred to in paragraph (1) to be made available, within a reasonable time, both to the authorities in Scotland which they consider are likely to be concerned by the project by reason of their specific environmental responsibilities, and to the public concerned in Scotland;

(b) ensure that those authorities and the public concerned in Scotland are given an opportunity, before development consent for the project is granted, to forward to the competent authority in the relevant EEA State, within a reasonable time, their opinion on the information supplied; and

(c) so far as they have received such information, notify those authorities and the public concerned of the content of any decision of the competent authority of the relevant EEA state; and in particular–

(6) For regulation 61 (confidentiality) substitute–

" Confidentiality

61.

Any person required to provide information under this Part shall not be required to provide information which–

(a) in relation to a person to which the Environmental Information (Scotland) Regulations 2004[

18

19

(7) In regulation 62(1) (charges) for "an environmental statement" in both places where it occurs substitute "any documents".

(8) After regulation 62 (charges) insert–

Access to review procedure before a court

62A.

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

PART III
ROADS AND BRIDGES
Amendment to Roads (Scotland) Act 1984
5. The Roads (Scotland) Act 1984[20] is amended in accordance with this Part.

6. —(1) In section 20A (environmental assessment of certain road construction projects)[21]–

(d) after subsection (5) insert–

(5B) The Scottish Ministers shall ensure that during the period specified under subsection (5A)(i)–

(5C) A reasonable charge reflecting the costs of printing, copying and distribution may be made by the Scottish Ministers for the supply of a copy of the environmental statement–

(5D) Where the Scottish Ministers obtain further information relating to the environmental statement and such further information is reasonably required to give proper consideration to the likely environmental effects of the proposed project, except insofar as such further information is required for the purposes of an inquiry held under section 139, subsections (5), (5A), (5B), and (5C) shall apply to such further information as they apply to an environmental statement (subject to any necessary modifications).";

(2) In section 20B (projects with significant transboundary effects)[22]–

(b) for subsection (7) substitute–

(3) In section 55A (environmental assessment of certain road improvement projects)[23]–

(d) after subsection (5) insert–

(5B) The Scottish Ministers shall ensure that during the period referred to in subsection (5A)(i)–

(5C) A reasonable charge reflecting the costs of printing, copying and distribution may be made by the Scottish Ministers for the supply of a copy of the environmental statement–

(5D) Where the Scottish Ministers obtain further information relating to the environmental statement and such further information is reasonably required to give proper consideration to the likely environmental effects of the proposed project, except insofar as such further information is required for the purposes of an inquiry held under section 139, subsections (5), (5A), (5B), and (5C) shall apply to such further information as they apply to an environmental statement (subject to any necessary modifications)."; and

(4) Section 151(1) (interpretation)[24] shall be amended as follows–

(b) in the definition of "environmental impact assessment" after "Council Directive No. 97/11/EC" insert "and Council Directive No 2003/35/EC".

(5) Schedule 1 shall be amended in each of paragraphs 7 and 13[25] as follows–

(b) in sub-paragraph (1B)–

(c) in sub-paragraph (1C) after "situated" insert "and where the Scottish Ministers use a website for the purpose of giving information to the public about projects of a category into which the project in question falls, by publication on that website"; and

(d) after sub-paragraph (1C) insert–

Transitional provisions
7. —(1) This Part of the Regulations shall not apply to a project–

(a) for which the Scottish Ministers had published an environmental statement before the date on which they came into force ("the commencement date") but for which no draft order or scheme was published;

(b) in relation to which a draft order or scheme was published before the commencement date; or

(c) where a draft order or scheme was not required and for which the works contract had been entered into before that date.

(2) In this regulation–

"draft order or scheme" means any draft order or scheme to which Schedule 1 to the Roads (Scotland) Act 1984 applies or any compulsory purchase order made under powers conferred by that Act; and

"works contract" means a contract for a road construction or improvement project.

PART IV
MARINE FISH FARMS
Amendment to the Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999
8. The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999[26] are amended in accordance with this Part.

9. —(1) In regulation 2(1) (interpretation)–

(a) at the end of the definition of "the Directive" insert "and Council Directive 2003/35/EC"[

27

(2) For regulation 8 (publicity where an environmental statement is submitted) substitute–

Publicity where an environmental statement is received

8.

—(1) Where the relevant authority receive an environmental statement relating to an application to which the prohibition in regulation 3 applies, they shall–

(b) prior to the first publication of the notice referred to in paragraph (1)(a)–

the documents referred to in paragraph (1)(a).

(2) Where the relevant authority are required to publish a notice in a local newspaper and the Edinburgh Gazette in accordance with paragraph (1), the applicant shall pay the cost to be incurred by the relevant authority in arranging such advertisement at the time of submitting his statement.".

(3) After regulation 10 (further information and evidence relating to environmental statements) insert–

" Publicity where further relevant information received

10A.

—(1) Where the relevant authority receive further information whether under regulation 10 or otherwise, relevant for the decision to which the prohibition in regulation 3 applies they shall–

(b) prior to the first publication of the notice referred to in paragraph (1)(a)–

the further information received.

(2) Where the relevant authority are required to publish a notice in a local newspaper and the Edinburgh Gazette in accordance with paragraph (1) the applicant shall pay the cost to be incurred by the relevant authority in arranging such advertisement.".

(4) In regulation 11 (intimation of decision)–

(a) at the end of paragraph (c)(ii) omit "; and" and insert "including, if relevant, details of how information, evidence and representations submitted were taken into account; and"; and

(b) after paragraph (c)(iii) insert–

(5) After regulation 14 (charges) insert–

" Access to review procedure before a court

14A.

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

(6) In regulation 15(3) (development in Great Britain likely to have significant effects in another Member State) after sub-paragraph (b) insert–

(7) After regulation 15 (developments in Great Britain likely to have significant effects in another Member State) insert–

" Development in another Member State likely to have significant effects in Scotland

15A.

—(1) Where the Scottish Ministers receive from another Member State pursuant to Article 7(2) of the Directive information which that Member State has gathered from the developer of a proposed project in that Member State which is likely to have significant effects on the environment in Scotland, the Scottish Ministers shall, in accordance with Article 7(4) of the Directive–

(2) The Scottish Ministers, insofar as they are concerned, shall also–

(8) At the end of Schedule 3 (bodies to be consulted) insert–

" 5. Any other body designated by statutory provision as having specific environmental responsibilities.".

PART V
FORESTRY
Amendment to the Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999
10. The Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999[28] are amended in accordance with this Part.

11. —(1) In regulation 2(1) (interpretation)–

(a) in the definition of "countryside body", after "1995" insert "and any other body designated by statutory provision as having specific environmental responsibilities"; and

(b) at the end of the definition of "the Directive" add "and Council Directive 2003/35/EC[

29

(2) In regulation 4 (restriction on relevant projects) after paragraph (4) insert–

(3) In regulation 12 (assistance in preparation of environmental statements) for paragraph (2) substitute–

30

(2A) In relation to a person to which the Environmental Information Regulations 2004[31] apply, paragraph (1) shall not require disclosure of information which the person–

(4) In regulation 13 (publicity)–

(d) in paragraph (3) omit "under regulation 11".

(5) In regulation 14 (information for another EEA State)–

(6) In regulation 19 (application to the court by person aggrieved), after paragraph (1) insert–

(7) In regulation 24 (registers of opinions, directions, determinations etc. for public inspection), in paragraph 1(c) after "regulation 7(7)" insert "or (8)(a)".

(8) In paragraph 1 of Schedule 2 (definition of "sensitive area")–

32

(b) in paragraph (e) omit "as a Natural Heritage Area by a direction made by the Secretary of State or the Scottish Ministers under section 6(2) of the Natural Heritage (Scotland) Act 1991 or"; and

(c) after paragraph (f) insert–

33

PART VI
AGRICULTURE
Amendment to the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006
     12. The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006[34] are amended in accordance with this Part.

     13. —(1) In regulation 14(5) for "the Environmental Impact Assessment (Agriculture) (England) Regulations 2006", substitute "the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006[35]".

    (2) In regulation 28(3)(a) after "relates" insert "and take the measures".

D McNULTY
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
21st December 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under section 2(2) of the European Communities Act 1972 and section 40 of the Town and Country Planning (Scotland) Act 1997. They implement in Scotland the amendments made by Article 3 of Council Directive 2003/35/EC (the 2003 Directive) (O.J. L 156,25.6.03, p.17-24) with regard to public participation and access to justice to Council Directive 85/337/EEC (the PPD) (O.J. L 175, 5.7.1985, p.40). The following Regulations and Act are amended in the following Parts of the Regulations:

Part II – The Environmental Impact Assessment (Scotland) Regulations 1999 ("the 1999 Regulations");

Part III – The Roads (Scotland) Act 1984;

Part IV – The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations; and

Part V – The Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999

Part II of the Regulations provides for certain amendments to the 1999 Regulations.

Regulation 3 deals with amendments to Part II of the 1999 Regulations in respect of Town and Country Planning as follows:

Regulation 3(1) amends regulation 2 of the 1999 Regulations regarding interpretation including the insertion of a definition of " any other information". This is to meet the requirement inserted by Article 3 of the 2003 Directive that any further information provided by the applicant or the appellant as the case may be which becomes available after the initial gathering of information for an environmental statement has taken place will also require to be publicised. The definition of consultation bodies is extended to include bodies designated by statutory provision as having specific environmental responsibilities and which are considered likely to have an interest in the application. The definition of "exempt development" is amended to omit developments which are or form part of projects serving national defence purposes. Such developments and the power to exempt them from the requirements of the regulations are now covered by a UK wide provision in regulation 22 of the Town and Country Planning (Environmental lmpact Assessment) (Amendment) Regulations 2006 (S.I. 2006/3295). The definition of "sensitive area" is updated to include sites of special scientific interest and nature conservation orders. The definition of "Directive" is also updated.

Regulation 3(2) inserts a new regulation 4(4) into the 1999 Regulations in respect of directions the Scottish Ministers can make regarding exempt developments. This requires the Scottish Ministers to make available the information considered and their reasons for the decision to exempt.

Regulation 3(3) amends regulation 12 (procedure to facilitate preparation of environmental statements) to include references to the Environmental Information (Scotland) Regulations 2004 and the Environmental Information Regulations 2004.

Regulation 3(5) inserts a new regulation 19 (2A) so that regulation 19(2) applies in relation to any other information (as defined in the amendments made to regulation 2) as it applies to further information. This is so that the requirements for publicity and consultation contained in regulations 14 to 16 and 18 of the 1999 Regulations apply.

Regulation 3(12) inserts a new regulation 46A into the 1999 regulations to extend the additional access to justice requirements inserted by Article 3 of the 2003 Directive to environmental non governmental organisations.

Regulation 3(13) adds a further paragraph to Schedule I of the 1999 Regulations so that where a change or extension would fall within one of the categories listed in that Schedule that change or extension also constitutes a Schedule I development.

Regulation 3(15) inserts changes into the notice prescribed by Schedule 5 so as to comply with the requirements of the changes inserted by Article 3 of the 2003 Directive which require that the public be informed of the types of decisions that can be made.

Part II of the Regulations at regulation 4 amends Part IV of the 1999 Regulations in relation to drainage works as follows:

Regulation 4(1) inserts in regulation 55 of the 1999 Regulations definitions of "environmental information" and "further information". It also omits the definition of "sites of scientific interest" in regulation 55 of the 1999 Regulations and a new definition, "sensitive area", is inserted in its place. The effect of this is to specify additional types of areas which will require an environmental statement to be submitted along with an application for an improvement order under section 1 of the Land Drainage (Scotland) Act 1958 (c.24) ("the 1958 Act") in accordance with regulation 59 of the 1999 Regulations. Sites of special scientific interest, sites subject to a nature conservation order, European Sites, National Scenic Areas and National Parks are included in the definition of "sensitive area". Regulation 4(2) inserts a definition of "the Directive".

Regulation 4(3) amends regulation 59(2) of the 1999 Regulations to add to the information which the Scottish Ministers are required to notify and publish in terms of that Regulation.

Regulation 4(4) amends regulation 60 of the 1999 Regulations to include a requirement on the Scottish Ministers to publicise specified further information relating to the application for an improvement order in the same manner as they are required to publicise the draft improvement order under the 1958 Act.

Regulation 4(5) inserts Regulations 60A, 60B and 60C into the 1999 Regulations. Regulation 60A requires the Scottish Ministers to publicise their decision in relation to an application for an improvement order and make available a statement giving information including the main reasons for the decision. Regulation 60B provides in relation to applications for improvement orders which are likely to have significant environmental effects in another EEA State. Regulation 60C sets out what the Scottish Ministers are required to do in relation to projects in other EEA states likely to have significant effects on the environment in Scotland.

Regulation 4(6) inserts a new regulation 61 into the 1999 Regulations to provide in relation to confidentiality.

Regulation 4(8) inserts a new regulation 62A into the 1999 Regulations to extend the additional access to justice requirements inserted by Article 3 of the 2003 Directive to environmental non governmental organisations.

Part III of the Regulations make amendments to the Roads (Scotland) Act 1984 ("the 1984 Act") to amend the procedures for publication and notification of information on the likely environmental effects of certain trunk road projects.

Regulation 6(1) amends section 20A of the 1984 Act. The amended section 20A requires the Scottish Ministers, when they have under consideration the construction of a new road which is to be subject to an environmental impact assessment, to prepare an environmental statement and publish notice of it. The new section 20A(5A) sets out the information to be contained in the notice and section 20A(5B) requires Scottish Ministers to make copies of the environmental statement available for inspection free of charge and to supply copies on request, subject to a reasonable charge in certain cases.

Regulation 6(2) amends section 20B of the 1984 Act which provides for consultation between EEA States where a project is likely to have significant effects on the environment in another EEA State. The amendment to section 20B(4) requires the Scottish Ministers in these circumstances to provide a relevant EEA State with all the information in the notice prescribed by section 20A(5B).

Regulation 6(3) amends section 55A of the 1984 Act, to require the same notification procedures in respect of improvements to trunk roads, as are required by the amended section 20A in respect of construction of new trunk roads.

Regulation 6(4) amends section 151 of the 1984 Act regarding interpretation.

Regulation 6(5) amends paragraph 7 (in respect of road orders) and paragraph 13 (in respect of road schemes) of Schedule 1 to the 1984 Act so that Scottish Ministers are required, in cases where they have published an environmental statement, to take into account written representations on the environmental statement before making their decision as to whether to proceed with the project. When publishing their decision the Scottish Ministers should notify consultation bodies and, if relevant, publish information about the participation of the public and how their views were taken into account. The published notice should also contain information as to how the decision of the Scottish Ministers may be challenged. Regulation 6(5) also inserts new paragraphs 7(1D) and 13(1D) of Schedule 1 to extend the additional access to justice requirements inserted by Article 3 of the 2003 Directive to environmental non-governmental organisations.

Regulation 7 specifies that the provisions of this Part do not apply in relation to projects where relevant procedures have been commenced before these Regulations come into force.

Part IV amends the Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999 ("the Fish Farming in Marine Waters Regulations") as follows.

Regulation 9(1) amends regulation 2 of the Fish Farming in Marine Waters Regulations, updating the definition of "the Directive" and revising the definition of "sensitive area".

Regulation 9(2) substitutes regulation 8 of the Fish Farming in Marine Waters Regulations. New regulation 8 provides that the relevant authority (defined in regulation 2 of the Fish Farming in Marine Waters Regulations) shall make available for public inspection the application (of a type specified in regulation 1(3), for a development of the kind referred to in regulation 1(2), of the Fish Farming in Marine Waters Regulations), environmental statement, and other reports and advice for a period of 28 days, with the opportunity for representations to be made within that period. The making available of these documents shall be publicised through press advertisement (new regulation 8(1)(a)). The applicant is responsible for the costs incurred by the relevant authority in arranging such advertisement (new regulation 8(2)).

Regulation 9(3) inserts new regulation 10A into the Fish Farming in Marine Waters Regulations. New regulation 10A provides that where the relevant authority receives further information relevant for the decision it is to make it shall make available for public inspection that further information for a period of 28 days, with the opportunity for representations to be made within that period. The making available of that further information shall be publicised through press advertisement (new regulation 10A(1)(a)). The applicant is responsible for the costs incurred by the relevant authority in arranging such advertisement (new regulation 10A(2)).

Regulation 9(4) amends regulation 11 of the Fish Farming in Marine Waters Regulations to provide for the inclusion of the information referred to in regulation 9(5) in any intimation of a decision under regulation 11 of the Fish Farming in Marine Waters Regulations.

Regulation 9(5) inserts new regulation 14A into the Fish Farming in Marine Waters Regulations to extend the additional access to justice requirements inserted by Article 3 of the 2003 Directive to environmental non-governmental organisations.

Regulation 9(6) amends regulation 15(3) of the Fish Farming in Marine Waters Regulations to provide that where a Member State is sent the information set out in that regulation it shall also be sent the information specified in regulation 9(4).

Regulation 9(7) inserts new regulation 15A into the Fish Farming in Marine Waters Regulations. New regulation 15A provides for consultation between the Scottish Ministers and other Member States where a development in that Member State is likely to have significant effects in Scotland.

Part V amends the Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999 ("The Forestry Regulations") as follows:

Regulation 11(1) amends regulation 2(1) of the Forestry Regulations, extending the definition of "countryside body" to include bodies designated by statutory provision as having specific environmental responsibilities and updating the definition of "the Directive" (that is, Council Directive 85/337/EEC).

Regulation 11(2) amends regulation 4 of the Forestry Regulations so as to require the Forestry Commissioners, where they direct that a particular project is exempted from the application of those regulations, to consider whether another form of assessment would be appropriate and to take such steps as they consider appropriate to bring the information obtained under it to the attention of the public.

Regulation 11(3) amends regulation 12 of the Forestry Regulations to substitute appropriate references to the Environmental Information (Scotland) Regulations 2004 and the Environmental Information Regulations 2004 for the existing reference to the Environmental Information Regulations 1992 (now repealed).

Regulation 11(4) amends regulation 13 of the Forestry Regulations to require an applicant for consent under regulation 10 to publish a notice in relation to any further information supplied to the Commissioners in relation to the application (and not merely further information which is required by the Commissioners in terms of regulation 11), and to include in the notice of an application a statement of the nature of the possible decisions to be taken in relation to that application.

Regulation 11(5) amends regulation 14 of the Forestry Regulations to require that any further information supplied by the applicant be made available to a relevant EEA State.

Regulation 11(6) amends regulation 19 of the Forestry Regulations by inserting a provision to extend the additional access to justice requirements inserted by Article 3 of the 2003 Directive to environmental non-governmental organisations.

Regulation 11(7) amends regulation 24 of the Forestry Regulations to require that the register kept by the Commissioners for public inspection include a copy of any direction given by the Scottish Ministers in terms of regulation 7(8)(a) of those regulations.

Regulation 11(8) amends the definition of "sensitive area" in paragraph 1 of Schedule 2 to include an area designated as a National Park in terms of section 6(1) of the National Parks (Scotland) Act 2000 and to replace references to provisions of the Wildlife and Countryside Act 1981 which have been repealed by the Nature Conservation (Scotland) Act 2004 with references to the corresponding provisions of the latter Act.

Part VI of the Regulations provides for certain amendments to the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006 ("the 2006 Regulations").

Regulation 13(1) corrects a reference in regulation 14(5) of the 2006 Regulations.

Regulation 13(2) corrects an omission in regulation 28(3)(a) of the 2006 Regulations to allow persons authorised by the Scottish Ministers to carry out re-instatement works in the event of them not being carried out as required by a notice served under the 2006 Regulations.