The Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019

Document Number:2019 No. 178
 
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Scottish Statutory Instruments

Exiting The European Union

Environmental Protection

Made

16 th May 2019

Laid before the Scottish Parliament

20 th May 2019

Coming into force in accordance with regulation 1(2)

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) , paragraph 1(1) and (3) of schedule 2 and paragraph 21 of schedule 7 of the European Union (Withdrawal) Act 2018(2) , and all other powers enabling them to do so.

PART 1 Introduction

Citation, commencement, extent and interpretation

  1. —(1) These Regulations may be cited as the Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019.

    (2) They come into force—

    (a) as regards this Part and Part 2 , on 30 June 2019 , and

    (b) as regards Part 3 , on exit day.

    (3) These Regulations extend to Scotland only.

    (4) In these Regulations, “the Act” means the Environmental Assessment (Scotland) Act 2005(3).

    PART 2 Amendment of the Act to update legislative references, made in exercise of powers conferred by section 2(2) of the European Communities Act 1972

    Amendment of the Act to update references

  2. —(1) The Act is amended in accordance with paragraphs (2) to (4).

    (2) In section 5(3)(b) (qualifying plans and programmes) , for “Council Directive 97/62/EC” substitute “Council Directive 2013/17/EU(4)”.

    (3) In schedule 1 (projects)—

    (a) in paragraph 9—

    (i) for “Annex IIA to Directive 75/442/EEC” substitute “Annex 1 of Directive 2008/98/EC of the European Parliament and of the Council(5)”, and

    (ii) for “(that is to say, waste to which Directive 91/689/EEC applies)” substitute “as defined in Article 3.2 of that Directive”,

    (b) in paragraph 10 , for “Annex IIA to Directive 75/442/EEC” substitute “Annex 1 of Directive 2008/98/EC of the European Parliament and of the Council”,

    (c) in paragraph 13 , for “Directive 91/271/EEC” substitute “Council Directive 91/271/EEC(6)”, and

    (d) in paragraph 44—

    (i) for “Council Directive 85/337/EEC” substitute “Directive 2011/92/EU of the European Parliament and of the Council(7)”, and

    (ii) omit “(as last amended by Council Directive 2003/35/EC)”.

    (4) In schedule 3 (information for environmental reports) , in paragraph 4—

    (a) after “birds” insert “, Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(8) ,”, and

    (b) for “Council Directive 97/62/EC” substitute “Council Directive 2013/17/EU(9)”.

    PART 3 Amendment of the...

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