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

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.