Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006 (2006 No 582)
Frequently Asked Questions
When did the regulations come into force?
1 January 2007 in Scotland but they replace Regulations dating from 2002 which dealt with intensification of uncultivated land.
What is Environmental Impact Assessment (EIA)?
EIA is a procedure for considering and assessing the potential impact of land use change on the environment.
What is it all about?
Farmers/land managers/landowners) must seek written approval from SEERAD (the Competent Authority) before undertaking certain projects on agricultural land if these works are likely to have significant effects on the environment.
SEERAD will consult Scottish Natural Heritage (SNH), Scottish Environmental Protection Agency (SEPA) and Historic Scotland (HS) before deciding the significance of a proposed project on the environment. SEERAD may also consult other bodies where they may have relevant information.
Another burden on an already over regulated farming industry?
Ministers decided on a 'light touch' approach consistent with protecting important sites.
We should have a system that meets the requirements of the EIA Directive whilst being appropriate to Scottish conditions.
Aren't these regulations already covered by the planning system?
Agricultural operations or agriculturally related operations most relevant to the Regulations are not classified as development and therefore are outside the planning system.
Other Scottish Regulations already cover EIA for Forestry and the Town and Country Planning process.
How will farmers and landowners be able to decide whether a project is relevant
Guidelines, agreed with the main land use bodies in Scotland, are available which should assist in making these judgements.
For each land type the Guidelines describes tests to determine if the land might be within a category. If in doubt discussion with SEERAD Area technical staff is recommended.
How is an application made?
An application form should be submitted to the local SEERAD Area or area sub office, for any potential project or if specific guidance is required about whether certain operations will need to be assessed through the regulations.
SEERAD offices will have supplies of the application form (by end January)
More information and a copy of the application form is available on the web page alternatively through the SEERAD address/contact point or email address: eia-uncultivated@scotland.gsi.gov.uk.
How much will an application cost?
There is no fee for an EIA application under this regulation.
If it is required, the costs of preparing an environmental assessment will be the responsibility of the applicant. SEERAD and the statutory agencies are committed to providing any information that they hold to applicants that would be relevant to the application.
There will be no fees for discussion and information provided by SEERAD. Other consulted bodies may make a charge for providing information.
Will the public be involved in the decision-making?
Are decisions made public?
Land managers will be encouraged to arrange neighbour and community notification before formally applying for consent.
The preparation of an Environmental Statement will be advertised within a local newspaper. Environmental Statements when prepared will be available for public inspection.
Information on formal decisions on Screening and Consent are available for inspection on the public register which will be available for public . This will be via the SE web-site or through SEERAD offices.
Will there be any help available?
Discussion with SEERAD (or SNH, SEPA or HS) is encouraged if there is any doubt about interpretation of the Guidelines or where further information is required.
At the various stages of the Screening, Scoping for Environmental Assessment and production of an Environmental Statement, SEERAD and the statutory agencies will provide guidance and information to assist applicants.
Every encouragement will be given to those considering land use change to discuss issues with SEERAD so that wherever possible any problems can be identified early in the process and, if appropriate, alternative options considered.
How long will applicants need to wait for a decision?
SEERAD is required to give a decision within 35 days as to whether the proposed project comes within the terms of the regulations. A longer time may be agreed with the applicant.
No specific time limits are set on reaching a decision on an Environmental Assessment - though consulted bodies have time limits in which to respond to requests for information.
Is there any right of appeal?
Yes . Applicants will have the right to appeal any unfavourable decision
Will the regulation protect landscapes and archaeology?
The regulations are not aimed specifically at protecting widespread features of the landscape. However, it and the nature and likelihood of impact on archaeology would be an important factor in determining 'significant' effects.
A landowner has ploughed up some grassland or demolished a hedge what action can be taken?
It may be that the work does not come within the Regulations and does not require permission.
Check the public register on-line; this will record specific formal consents.
Contact the local SEERAD Area or area sub office. Alternatively contact SEERAD through the helpline or email address.
What is happening in the rest of the UK?
Similar Regulations are coming into force in England, Wales and Northern Ireland.