The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006
Brief overview
Environmental Impact Assessment is a procedure for considering the potential environmental effects of land use change. EIA helps to inform decision-making and enables decisions on land use change to be taken with knowledge of the likely environmental consequences. The main aim is to protect land which has particular natural heritage or historic environment value or importance.
The new Regulations came into force in Scotland on 1 January 2007 and require that land managers should seek approval from SEERAD before carrying out certain projects (e.g. ploughing of unimproved land, drainage of wetlands or material re-structuring of agricultural land if these projects are likely to have significant effects on the environment.
Advice on the types of project covered by the Regulations and the criteria to be used in considering the environmental effects is set out in published Guidelines available on this site.
The process
Completion and early submission of an application form to local SEERAD Area and Area Sub Offices describing work proposals before they commence will enable a screening decision to be made on whether the project can proceed as proposed, needs to be modified or would require an Environmental Assessment. SEERAD will not give an opinion without an application.
SEERAD consults with Scottish Natural Heritage (SNH); Scottish Environment Protection Agency (SEPA) and Historic Scotland (HS) before making decisions. Other bodies (including Local Authorities) will be consulted as appropriate.
Only if concerns arise over the impact of the 'project' will an Environmental Assessment will be required. The assessment will be made available to public inspection.
All formal decisions are recorded in a public register available for inspection. Copies can also be viewed at local SEERAD offices.
An appeals process allows for appeals to be heard by written representations or local hearing or inquiry, with appointment of an independent person as appropriate.
Notes
Comparable regulations exist in England, Wales and Northern Ireland.
Legislation governing EIA procedures for projects for the use of uncultivated land and semi-natural areas for intensive agricultural purposes has been in place since 2002. That has now been extended to cover procedures for projects for the large scale restructuring of rural land holdings. The Regulations deal with agricultural operations which do not come within the ambit of the planning process