The Scottish Government’s consultation on the new draft Environmental Impact Assessment (EIA) regulations will close at the end of this month. With just over six months until implementation, LUC has been considering the implications of the changes for our clients and for our own processes and procedures as EIA practitioners.

One of the most debated elements of the new regulations has been the proposed changes to EIA screening.  The level of information required at the EIA screening stage will be considerably greater than at present, and will have to include details of any required mitigation measures as these may affect the screening decision. This could have implications for our clients in terms of increased cost and inputs at a stage where there is limited information about a project. Early engagement with consultees and planning authorities will be vital to agree what is ‘reasonable’ at this stage.

EIA scoping remains optional under the draft regulations. However, if a scoping opinion is issued, the EIA report (formerly the Environmental Statement) must be based on that scoping opinion. This could lead to more informal ‘EIA consultation’ with planning authorities at an early stage of development, as opposed to formal scoping, if there is a perception that the scoping opinion may not effectively scope out topics as which do not require detailed assessment.

As was expected from the new EU Directive, there is a requirement to consider a number of new and amended topics as part of an EIA, including population and human health, biodiversity, land, climate, and the risk to the development from major accidents and disasters. The LUC EIA team is currently reviewing how these topics can be best addressed in our projects and is intending to provide further briefings to staff and clients in the coming months.

Whilst an increased focus on monitoring significant effects is generally welcomed, clear monitoring parameters, responsibilities, objectives, expectations and reporting requirements will be essential to ensure that any data gathered is used to benefit the environment and that unnecessary financial and resource burdens are not placed on the project developer, planning authority or statutory consultees as a result of this requirement.

There has also been much discussion regarding the requirement for EIAs to be prepared by ‘competent experts’. Whilst the Scottish Government has chosen not to define this within the draft regulations, it is considered likely that the industry will seek to ensure that those involved in EIA are chartered professionals and accredited to relevant bodies such as the Institute for Environmental Management and Assessment (IEMA) for EIA co-ordinators. LUC has been a member of the IEMA EIA Quality Mark since its inception in 2011 and this is considered a good benchmark of ES quality as it includes a requirement for member organisations to submit all ESs they prepare to IEMA, with one selected for annual review.

LUC will be keeping a close watch on how the consultation unfolds and on how EIA practice responds to the changes once these are implemented in May 2017 and will be providing further updates over the coming months.