UK agency and legislative context - Introduction to Environmental Impact Assessment - page 83

3. Environmental Impact Assessment (Land Drainage Improvement Works) Regulations
1999
4. Electricity Works (AEE) Regulations 2000
5. Pipe-line Works (Environmental Impact Assessment) Regulations 2000
6. Environmental Assessment (Forestry) Regulations 1999.
3.5.1 Environmental Impact Assessment (Scotland) Regulations 1999
(SSI 1)
The EIA (Scotland) Regulations are broadly similar to those for England and Wales.
They implement the Directive for projects which are subject to planning permission, but
also cover some land drainage and trunk road projects. There is separate guidance on the
Scottish Regulations (see Table 3.2). For some projects, for example for the
decommissioning of nuclear power stations, Scotland is included in regulations which
also apply to other parts of the UK. In Northern Ireland, the Directive is implemented for
projects subject to planning permission by the Planning (EIA) Regulations (Northern
Ireland) 1999.
3.5.2 Highways (Assessment of Environmental Effects) Regulations
1999 (SI 369)
The Highways (AEE) Regulations apply to motorways and trunk roads proposed by the
Department of Transport (DoT). The regulations are approved under procedures set out in
the Highways Act 1980, which require the SoS for Transport to publish an EIS for the
proposed route when draft orders for certain new highways, or major improvements to
existing highways, are published. The SoS determines whether the proposed project
comes under Annex I or Annex II of the Directive, and whether an EIA is needed. EIA is
mandatory for projects to construct new motorways and certain other roads, including
those with four or more lanes, and for certain road improvements. The regulations require
an EIS to contain:
• a description of the published scheme and its site;
• a description of measures proposed to mitigate adverse environmental effects;
• sufficient data to identify and assess the main effects that the scheme is likely to have
on the environment;
• a non-technical summary.
Before 1993, the requirements of the Highways (AEE) Regulations were further
elaborated in DoT standard AD 18/88 (DoT 1989) and the Manual of Environmental
Appraisal (DoT 1983). In response to strong criticism, 4 particularly by the SACTRA
(1992), these were superseded in 1993 by the Design manual for roads and bridges, vol.
II: Environmental assessment (DoT 1993). The manual proposed a three-stage EIA
process and gave extensive, detailed advice on how these EIAs should be carried out. The
transport analysis guidance (DfT 2003) provides the latest evolution of the guidance for
road projects.