Environmental Assessment (Scotland) Act 2005 (2005 asp 15).

This Act defines the requirement to carry out environmental impact assessment of qualifying plan or programmes and implements in part Directive 2001/42/EC of the European Parliament and of the Council on the assessment of the effects of certain plans and programmes on the environment. A qualifying plan or programme is a plan or programme (to which this Act applies) which is required by a legislative, regulatory or administrative provision and: (a) which (i) is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use; and (ii) sets the framework for future development consent of projects listed in schedule 1; (b) which, in view of the likely effect on sites, has been determined to require an assessment pursuant to Article 6 or 7 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (as last amended by Council Directive 97/62/EC); or (c) which does not fall within paragraph (a) or (b) but sets the framework for future development consent of projects.
Part 1 of the Act sets out the requirement on Responsible Authorities to secure the carrying out of an environmental assessment on qualifying plans. It defines the term Responsible Authorities for the purposes of the Act, and contains provisions for establishing which plans and programmes should be subject to the assessment process. It also provides that any reference to plans and programmes in the Act includes strategies. Part 2 of the Act sets out the requirements for performing scoping and producing the environmental report. Scoping establishes the subject areas to be included in the environmental assessment report and the degree of detail required in respect of each subject. Part 2 further sets out requirements for consultation and the taking into account of consultation responses in reaching a final decision to adopt a particular plan or programme. Part 3 of the Act makes provision for the announcement of the adoption of any plan that has been subject to environmental assessment. It sets out the arrangements for the monitoring of the implementation of the plan and requirements for forward monitoring and remedial action in respect of unforeseen effects. Part 4 of the Act makes provisions for the preparation and publication of an annual report to Parliament on Environmental Assessment related activities.