Intelligence: 17 August 2016Scottish Ministers to transpose EU Directive on EIA into national law

When the European Union published a new Directive on Environmental Impact Assessment (EIA) in 2014, Member States had until 16th May (three years) to transpose it into domestic law. However, in the wake of the Brexit vote there has been speculation as to whether the UK would update the EIA Regulations.

Given that EU law will apply for at least two years after formal proceedings to leave through invocation of Article 50, there could be legal implications if the UK devolved authorities failed to update their EIA Regulations. Formal exit proceedings are not expected to take place until autumn this year which could see the UK under EU law until late 2018 at least.

This matter had been the subject of speculation until earlier this month, the Scottish Ministers published a consultation document to seek the public’s views on their detailed proposals for transposing the EIA Directive and draft updated EIA Regulations. The consultation is open until 31st October this year.

In this document, our team highlight what regimes this applies to, as well as a summary of the key proposed changes.

For further information please contact Lucy Wood, Environmental Planning Director, or Colin Lavety, Planning Director.



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EIA, Brexit, Scotland, European Union, EU Referendum