The Roads (Scotland) Act 1984 as amended by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 sets out the requirements for the assessment of the effects of certain public and private road projects on the environment.
The regulations require that for Annex I projects such as the construction of motorways, express roads and new roads with four or more lanes and the realignment or widening of a road to provide four or more lanes that are 10km or more in continuous length, an Environmental Impact Assessment (EIA) must be undertaken.
For Annex II projects or maintenance works on the trunk road network that:
- exceed 1 hectare in area and/or
- are situated in whole or in part in a sensitive area
Transport Scotland, on behalf of the Scottish Ministers are required to determine if the works require an EIA to be completed.
For the determination to be made, the potential environmental impacts must be assessed against specific criteria set out in Annex III and identify measures that will be implemented to minimise those impacts identified.
The determination can be negative (no EIA required) or positive (EIA required) depending on the outcome of the assessment and if the works have the potential to have likely significant effects on the environment.
The assessment is detailed in the Record of Determination. The outcome of the determination must be declared in a Notice of Determination which is published in the Edinburgh Gazette and local press.