Annex C - Environmental Impact


Presiding Officer determination (Hybrid Bills): Mandatory consultees and consultation on environmental impact

The Presiding Officer has determined under Rule 9C.1.8 that—

(a) the mandatory consultees are as follows––

  • Scottish Natural Heritage;
  • the Scottish Environment Protection Agency;
  • Historic Environment Scotland; and
  • every planning authority in whose area the proposed development or part of it is to be situated;

(b) as soon as reasonably practicable and in any event at least two months in advance of the date of the Bill’s introduction, the Scottish Government must consult the mandatory consultees on the following matters, providing sufficient information for that purpose (referred to as the “consultation material”)––

  • the nature and purpose of the proposed development;
  • the affected land;
  • the likely effects of the development on the environment (during both construction and operation);
  • the need for appropriate assessment under the Conservation (Natural Habitats &c.) Regulations 1994;
  • mitigation;
  • the scoping of the Environmental Statement prior to its production;

(c) the Scottish Government must invite mandatory consultees to express their written view on the consultation material within a period of no less than 28 days from the date of receipt of the consultation material by the mandatory consultees; and

(d) when consulting the mandatory consultees, the Scottish Government must also advise the mandatory consultees of their opportunity to lodge with the Scottish Parliament a statement in relation to the Scottish Government’s consultation under Rule 9C.8 of the Standing Orders.


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