Environmental Impact Assessment regime and Habitats Regulations - enabling powers: consultation

Part 4 - Impact assessments

In Scotland, public bodies including the Scottish Government are required to assess, consult on, and monitor the likely impacts their plans, programmes and strategies will have on the environment, businesses, island communities and equalities. This helps to better protect the environment, aims to ensure that any development is sustainable and equitable, and increases opportunities for public participation in decision-making.

In this section we are asking questions to gather evidence and lived experience to inform our impact assessments.

The consultation relates to proposed enabling powers rather than their future use. We believe that the enabling powers themselves will not have impacts, but these will need to be considered in full if the proposed powers are used in future.

Business

A Business and Regulatory Impact Assessment (BRIA) is used to analyse the costs and benefits to businesses and the third sector of any proposed legislation or regulation.

As enabling powers give the Scottish Ministers the power to amend certain regulations in the future but do not in and of themselves amend any existing primary or secondary legislation. We believe that the powers we are consulting on will not have any direct or indirect impacts on the costs and burdens placed on businesses, the public sector, voluntary and community organisations. Any future use of the powers would be subject to public consultation and the appropriate impact assessments.

Question 7

Do you agree with our assessment that the proposed enabling powers in relation to Scotland's EIA regimes will not impact directly or indirectly on the costs and burdens placed on businesses, the public sector, voluntary and community organisations?

Yes

No

Unsure

Other – Please explain

If you selected 'Other' then please use this space to expand on your answer.

Question 8

Do you agree with our assessment that the proposed enabling powers in relation to the 1994 Habitat Regulations will not impact directly or indirectly on the costs and burdens placed on businesses, the public sector, voluntary and community organisations?

Yes

No

Unsure

Other – Please explain

If you selected 'Other' then please use this space to expand on your answer.

Island communities

Section 7 of the Islands (Scotland) Act 2018 states that a relevant authority – which includes Scottish Ministers – must have regard to island communities when carrying out its functions. Scotland's islands face particular challenges around distance, geography, connectivity and demography, so it is important that this is considered when developing the proposals in this consultation. It is also important that we ensure that the islands receive fair and equitable treatment and that policy outcomes are tailored to their unique circumstances.

As enabling powers give the Scottish Ministers the power to amend certain regulations in the future but do not in and of themselves amend any primary or secondary legislation, we believe that the powers we are consulting on will not have any effect on an island community which is significantly different from the effect on other communities. Any future use of the powers would be subject to public consultation and the appropriate impact assessments.

Question 9

Do you agree with our assessment that the proposed enabling powers in relation to Scotland's EIA regimes will not have any effect on an island community that is different from the effect on other communities?

Yes

No

Unsure

Other – Please explain

If you selected 'Other' then please use this space to expand on your answer.

Question 10

Do you agree with our assessment that the proposed enabling powers in relation to the 1994 Habitat Regulations will not have any effect on an island community that is different from the effect on other communities?

Yes

No

Unsure

Other – Please explain

If you selected 'Other' then please use this space to expand on your answer.

Equalities

The Equality Act 2010 provides a framework to ensure we address inequality for people with protected characteristics listed in the Act. These are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

An Equality Impact Assessment (EQIA) is a tool to help to anticipate the needs of diverse groups when making decisions about projects, policy or service delivery, and helps us to meet our duties under the Act.

As enabling powers give the Scottish Ministers the power to amend certain regulations in the future but do not in and of themselves amend any primary or secondary legislation. We believe that the powers we are consulting on will not have any effect on people with protected characteristics. Any future use of the powers would be subject to public consultation and the appropriate impact assessments.

Question 11

Do you agree with our assessment that the proposed enabling powers in relation to the EIA regimes will not have any impact on people with protected characteristics?

Yes

No

Unsure

Other – Please explain

If you selected 'Other' then please use this space to expand on your answer.

Question 12

Do you agree with our assessment that the proposed enabling powers in relation to the 1994 Habitats Regulations will not have any impact on people with protected characteristics?

Yes

No

Unsure

Other – Please explain

If you selected 'Other' then please use this space to expand on your answer.

Environment

In Scotland, the Environmental Assessment (Scotland) Act 2005 requires public bodies including the Scottish Government, to assess, consult on, and monitor the likely impacts of plans, programmes and strategies they are preparing that are likely to have a significant impact on the environment. The assessment is known as a Strategic Environmental Assessment (SEA) and helps to better protect the environment and ensure the public are better informed when being consulted on proposals.

We have reached the opinion that the introduction of the proposed enabling powers themselves would not have a significant impact on the environment. Future use of the powers by Scottish Ministers could potentially have significant impacts on the environment (either positive or negative), and the requirement for Strategic Environmental Assessment would therefore need to be considered on a case-by-case basis. A pre-screening report to this effect has been prepared and submitted to the SEA Gateway.

Further comments

Question 13

Do you have any further comments you wish to add?

Please provide any further comments.

Thank you for providing your views

Should you wish to provide further information you can contact us via email at eiahabsregsconsultation@gov.scot or write to:

EIA and Habitats Regulations Consultation Response

Restoration team

Area 1B North

Scottish Government

Victoria Quay

Edinburgh

EH6 6QQ