Policy

Environmental assessment

From:: Cabinet Secretary for Communities, Social Security and Equalities, +1 more … Cabinet Secretary for the Environment, Climate Change and Land Reform
Directorate:: Environment and Forestry Directorate, +1 more … Local Government and Communities Directorate
Part of:: Building, planning and design, Environment and climate change

Overview

We ensure the long-term protection and survival of Scotland's environment by ensuring that environmental assessments are carried out for all qualifying strategies, plans, programmes or projects that may have an impact on the environment.

Actions

We require the following assessments to be carried out:

Environmental Impact Assessment (EIA) for evaluating the significant environmental effects likely to arise from proposed development projects
Habitats Regulations Appraisal (HRA) for plans that are likely to have an effect on a 'Natura 2000' site selected for protection by the European Union
Strategic Environmental Assessment (SEA) for all qualifying public plans, programmes and strategies

Background

EIA background

The requirement for EIA comes from European Directive 2011/92/EU. The Directive was brought into Scottish law through a number of Scottish Statutory Instruments relevant to individual consenting regimes: Town and Country Planning, Forestry, Energy, Trunk Roads, and Agriculture.

The update to this Directive, Environmental Impact Assessment (EIA) Directive (2014/52/EU), came into force on 15 May 2014. Member states had to apply these rules from 16 May 2017 at the latest.

HRA background

HRA stems from the Conservation of Habitats and Species Regulations 2017, which require the relevant plan authority to undertake an 'appropriate assessment' of plans that are likely to have an adverse effect on a 'Natura 2000' site.

Natura 2000 is the Europe-wide network of protected sites developed under the European Commission Habitats Directive (Directive 92/43/EEC) and the Birds Directive (79/409/EEC).

The process for determining whether an appropriate assessment is required, together with the appropriate assessment itself (where necessary) is known as the Habitats Regulations Appraisal.

SEA background

The Environmental Assessment (Scotland) Act 2005 extended SEA legislation beyond the requirements of the original Directive, so that in Scotland every qualifying public plan, programme and strategy is assessed for its likely environmental effects and, where likely to be significant, opportunities are sought to avoid adverse impacts and enhance positive ones.

The findings of the Environmental Assessment must be set out within a public consultation to ensure that those with an interest, or likely to be affected by the plan, are able to understand the environmental implications and offered an opportunity to have their views taken into account.

Bills and legislation

Contact

SEA team:

Email: sea.gateway@gov.scot

Phone: 0131 244 7650

Post:
SEA Gateway Team
2-H (South)
Victoria Quay
Edinburgh
EH6 6QQ

EIA team (for Planning only)

Email: EIAenquiries@gov.scot