Enabling powers for Scotland's Environmental Impact Assessment regimes & Habitats Regulations
Feedback updated 14 Nov 2024
We asked
We sought views on proposed enabling powers that would better allow for future amendments to Scotland’s Environmental Impact Assessment (EIA) regimes and Habitats Regulations. The consultation opened on 18 March 2024 and closed on 13 May 2024.
You said
We received 41 responses to the consultation. These included responses from 30 organisations and 11 individuals.
- There was overall agreement with our rationale for seeking the enabling powers both in relation to the EIA regimes and Habitats Regulations.
- Overall, respondents also agreed there should be limitations on how Scottish Ministers can use these powers.
- A full analysis of the responses highlighted a number of key themes relating to the scope of the powers and procedures for their future use, including:
- Consultation and engagement
- Scottish Parliamentary procedures
- Review of the powers
- Environmental standards
- Consistency across legislative regimes
We did
The analysis of consultation responses has been published, along with the individual responses (where permission was granted). The Scottish Government intends to include the proposed enabling powers in the planned Natural Environment Bill, as set out in the Programme for Government 2024 - 2025. We are considering all comments and suggestions from the consultation as we develop the provisions.
Any future proposals for use of the enabling powers will be subject to appropriate consultation and assessment of impacts.
Published responses
View submitted responses where consent has been given to publish the response.
Overview
We are seeking views on proposed enabling powers that would better allow for future amendments to Scotland’s Environmental Impact Assessment (EIA) regimes and Habitats Regulations. These are key legislative frameworks which underpin environmental protection and assessment processes. The proposed enabling powers would help replace powers lost as a result of the UK’s exit from the European Union (EU), and would help ensure the relevant legislation can remain fit for purpose in future.
Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.
Useful information about responding to this consultation
As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.
Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.
On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.
After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.
A analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).
Why your views matter
Your views will help inform whether we seek new powers to better support future legislative amendments to Scotland’s EIA regimes and the Habitats Regulations in Scotland. They will also help inform what limitations should be placed on their purpose or use.
Interests
- Environment and Climate Change
- Main hub
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