Related statutory environmental procedures

Other relevant assessments

In the preparation of an EIAR, account should be taken of the available results of other relevant assessments done under other legislation applicable in Scotland to avoid duplication (for example of monitoring effort). These include (amongst others):

Strategic Environmental Assessments (SEA) Directive, which is transposed in Scottish law through the Environmental Assessment (Scotland) Act 2005
Conservation (Natural Habitats &co.) Regulations 1994, giving rise to the requirement for Habitats Regulation Assessment (HRA)
Water Framework Directive (WFD) which is transposed into Scottish law through the Water Environment and Water Services (Scotland) Act 2003
Marine Works (EIA) (Scotland) Regulations 2017.

These shall be considered either in a Policies and Plans chapter, or in a Policies and Plans section within appropriate environmental topic chapters. Some may have a direct impact on the assessment in the EIAR, for example HRA and / or WFD assessments.

Occasionally two EIA regimes may be relevant to road projects, such as those contained in the Roads (Scotland) Act 1984 and the Marine Works (EIA) (Scotland) Regulations 2017. In this case, the two competent authorities shall agree on the EIAR requirements.

Habitats Regulation Appraisal (HRA)

A development which may affect a Special Protection Area (SPA) or a Special Area of Conservation (SAC) (collectively called Natura 2000 sites) requires an assessment of those effects in accordance with the following legislation:

The Conservation (Natural Habitats &c.) Regulations 1994

This is called a Habitats Regulation Assessment (HRA).

When screening is required for HRA

All projects should be considered for possible effects on Natura sites, both alone and in combination with other plans or projects. If there is any likelihood of an effect, then formal HRA screening should be carried out.

Indirect impacts should be considered as well as direct impacts. For example, these may include air quality changes at locations set away from the project location, or hydrological connectivity between the project site and the Natura site. Ecological connectivity should be considered, for example where a SAC exists that includes bats as a qualifying feature, then bat habitat should be considered even if set some distance from a project site. It is therefore recommended that the advice of an ecologist is taken during the HRA screening process.

There is a statutory requirement, under the Roads (Scotland) Act 1984, that if both EIA and HRA are required, that these two processes are coordinated. Therefore, screening for HRA should take place at the same time as screening for EIA, although separate screening reports are produced.

The HRA screening report shall be prepared by the Operating Company or Consultant’s suitably qualified Ecologist and shall be submitted to the relevant Environmental Advisor. NatureScot is a statutory consultee with respect to HRA.

An Appropriate Assessment (AA) will be required where there is a possibility of likely significant effects on a Natura site and where there is a risk of undermining the site’s conservation objectives. Significant further information on the project and the proposed mitigation will be required. It is therefore recommended that the possibility of this is discussed with the relevant Environmental Advisor as early as possible in the project development.

At the screening stage, mitigation or compensation measures must not be used to support a conclusion of no likely significant effects and therefore the decision to not progress to an AA.

Conducting an Appropriate Assessment

The scope and content of an AA will depend on the nature, location, duration and scale of a proposed project. The AA must be proportionate and sufficient to determine if the project will adversely affect the integrity (defined as the coherence of its ecological structure and function, across its whole area, which enables it to sustain the habitat(s), and/or the levels of populations of the species for which it was designated) of the site.

The AA must consider the direct and indirect effects on the designated features and conservation objectives of the site. This includes cataloguing all habitat types and species for which a site is protected, and identifying and examining the implications of the proposed project on these features. Cumulative effects must also be considered.

Definitive findings and conclusions must be included to ensure that there is no reasonable scientific doubt as to the effects of the project on the site.

Mitigation measures may be used to support a conclusion of no significant effects, however compensation measures may not.

NatureScot must be consulted and agree to the findings and conclusions of the AA. The AA shall be prepared by the Operating Company or Consultant’s suitably qualified Ecologist and, along with agreement from NatureScot must be submitted to the Transport Scotland Environmental Advisor.

Separation of approval functions

For roads projects, Transport Scotland, on behalf of the Scottish Ministers are the Competent Authority and therefore are required to make a decision on whether the project should proceed based on the conclusions of the HRA.

Although Transport Scotland are not required to separate the functions of the promoter of the scheme and the Directorate acting as the Competent Authority, in the interest of propriety and to ensure a robust promotion of the scheme, a process is in place to separate the approval functions.

A standard document that includes the outcome of the AA is prepared by the Transport Scotland Environmental Advisor and approved by the Director whose Directorate is not involved in the promotion of the project.

< Previous | Contents | Next >