Rural Payments and Services

When did the regulations come into force?

16 May 2017 in Scotland replacing the previous regulation that came into force 1 January 2007 which itself replaced Regulations dating from 2002 which dealt with the 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. It will apply to projects that fall within the definition of the EIA regulations and the aim is to help make decisions with the full understanding of impacts.

What is it all about?

Farmers/land managers/landowners must seek written approval from the Scottish Government Rural Payments and Inspections Division before undertaking certain projects on agricultural land if these works are likely to have significant effects on the environment.

RPID may consult NatureScot, Scottish Environment Protection Agency (SEPA) and Historic Environment Scotland (HES) before deciding the significance of a proposed project on the environment. RPID may also consult other public bodies where they may have relevant information.

Another burden on an already over regulated farming industry? What is the purpose of these regulations?

The regulations were created so we have a system that met the requirements of the EIA Directive whilst being appropriate to Scottish conditions. This has been retained under Scottish law following the withdrawal of the United Kingdom from the European Union and is currently under review.

Aren’t these regulations already covered by the planning system?

Agricultural operations which require full planning permission or prior notification are exempt from this regulation. Only developments which do not require planning permission or prior notification fall under this regulation. Local Authority Permitted Development Rights do not apply until you have satisfied all EIA requirements.

Separate regulations already cover EIA for both Forestry and Town and Country Planning projects.

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 guidance describes how to determine if the land might be within a category. If in doubt discussion with RPID Area office staff is recommended.

How is a screening application made?

An application form for a screening opinion should be submitted to the local RPID Area office for any potential project.

I have been told I need to submit an EIA report, what now?

If we determine that a full EIA report is required, you may request a scoping opinion. This opinion will outline the scope and level of detail required in your EIA report. The topics likely to be considered for inclusion in a Scoping Report could include Habitats, Ornithology, Protected Species, Landscape, etc.

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 EIA report will be the responsibility of the applicant, as will the cost of publishing the public notice in the Edinburgh Gazette and a newspaper local to the project. RPID 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 the information provided by RPID however, other bodies may make a charge for providing information.

Will the public be involved in the decision making?

Not at screening, but should the project require a full EIA report, the report will be made available for public examination. Comments from the public will be considered if submitted.

Are decisions made public?

The preparation of an EIA report will be advertised within the Edinburgh Gazette and a newspaper local to the project. The EIA report, when prepared, will be available for public inspection.

Information on formal decisions on Screening and Consent are available for inspection on the public register. This will be via the RPID website or through RPID offices.

Will there be any help available?

Discussion with RPID (or NatureScot, SEPA or HES) is encouraged if there is any doubt about the interpretation of the guidelines or where further information is required.

At the various stages of Screening, Scoping, and production of an EIA report, RPID and the statutory consultees will provide guidance and information to assist applicants. The EIA report should be created by competent experts, at the applicant’s cost.

Every encouragement will be given to those considering land use change to discuss issues with RPID so that whenever 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?

RPID is required to give a decision within 90 days as to whether the proposed project comes within the terms of the regulations. If the nature, complexity, location or size of the project makes it impractical for RPID to reach a decision within the 90-day period, we will notify you in writing with a full justification as to why and a new expected date for a decision.

No specific time limits are set on reaching a decision on an EIA report – although we will endeavour to respond with a decision as soon as possible.

Is there any right of appeal?

Yes. Applicants will have the right to appeal any unfavourable decision.

Will the regulation protect the landscapes and archaeology?

Many landscape and feature protections already exist with international, national and regional designations across Scotland. Applicants and RPID will consult with the relevant organisations in order to ensure adequate mitigation and ensure protection for land with significant environmental, historic or cultural importance. Cumulative impacts are taken into account as part of the mitigation and approvals process where there is relevance to do so.

Someone has ploughed up some heather moorland or demolished a hedge, what action can be taken?

You can check the public register online to see if a project has been given permission or contact the local RPID area office with queries about any specific project.

Where a project falls within the EIA regulation and permission has not been sought RPID may issue a Stop Notice. Breaching the Regulations is illegal and may lead to prosecution, and/or a requirement to reinstate the land to its previous condition. Someone may also be in breach of Cross Compliance and receive a penalty on their subsidy payments.

What is happening in the rest of the UK?

Similar Regulations and guidance are in force in England, Wales and Northern Ireland.