EIA report

Use of competent experts

There is a statutory requirement that EIARs are prepared by ‘competent experts’. Transport Scotland take this to mean that experts involved with the preparation of EIARs, in particular Environmental Coordinators and Environmental Topic Leads, demonstrate that:

  • They have relevant qualifications, for example a degree or above in a related topic, and
  • They can demonstrate their competence, for example they have relevant professional membership and/or are Registered EIA Practitioners, and
  • They have sufficient knowledge and experience in their relevant topic

Evidence of the competence of those experts involved in the preparation of the EIA shall be provided in the EIAR.

Topics to include

The EIAR must include the following:

  • A description of the project comprising information on the site, design, size and other relevant features of the project
  • A description of the likely significant effects of the project on the environment
  • A description of mitigation measures
  • A description of reasonable alternatives studied, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment
  • A non-technical summary of the information above (as a separate document)
  • Any other information specified in schedule 1A of the Roads (Scotland) Act 1984
  • The EIA must identify, describe and assess in an appropriate manner, the direct and indirect significant effects of the proposed project on the factors below:
  • Population and human health
  • Biodiversity, and in particular species and habitats protected under the Birds and Habitats Directives
  • Land, soil, water, air and climate, and
  • Material assets, cultural heritage and the landscape.

The effects to be identified above, include the expected effects deriving from the vulnerability of the project to risks, so far as relevant to the project, of major accidents and disasters.

The EIA must identify the likely significant effects of the project on the environment before a decision to proceed with the project is made.

All EIARs shall be submitted to Transport Scotland. The EIAR shall be signed off by the relevant Environmental Advisor prior to publication.

DMRB should be used as guidance on all environmental topics. Some topics are newer than others and therefore do not currently have a consolidated methodology and the approach to these topics is therefore discussed in Appendix D.

Environmental baseline

The environmental baseline must include a description of the relevant aspects of the current state of the environment and an outline of the likely evolution thereof without implementation of the project as far as natural changes from the baseline scenario can be assessed with reasonable effort, on the basis of the availability of environmental information and scientific knowledge.

Projects should therefore take account of readily available information to provide a description of natural changes in the local environment over an appropriate timescale that the dataset supports.

Consideration of alternatives

A description of the reasonable alternatives studied by the project team, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment, is required.

Mitigation

Mitigation measures should be predicated on the principle that prevention of adverse impacts is preferable to corrective measures after the event. Accordingly, mitigation is intended to avoid, reduce and where possible, remedy/offset significant adverse effects or enhance environmental benefits. The offsetting of adverse impacts may also include compensatory measures where possible and of a relevant nature.

Mitigation should be incorporated into the design of the project as it develops. The full range of mitigation measures employed on a project should be identified in the EIAR. This could include, for example, early decisions such as the choice of route and changes to the horizontal or vertical alignment in relation to environmental sensitivities in the area.

Consideration should be given as to how the mitigation measures are to be secured. A Schedule of Environmental Commitments shall be included in EIARs to provide a summary of the project’s mitigation measures and to identify their purpose.

The Schedule of Environmental Commitments is then worked-up into an Environmental Management Plan (EMP) prior to construction to give clear guidance to the designer and construction contractor on the mitigation actions required.

A suitable Environmental Management System (EMS) is required on site to demonstrate the implementation of mitigation measures (including the EMP) and to monitor their effectiveness.

Monitoring requirements

Projects shall determine and implement the procedures for monitoring of significant adverse residual effects on the environment. The parameters to be monitored and the duration of the monitoring shall be proportionate to the nature, location and size of the project and the significance of its effects on the environment.

Monitoring requirements shall initially be established through completion of the EIAR particularly the Schedule of Environmental Commitments. Monitoring requirements may be refined over later stages of the project development and recorded via subsequent iterations of the EMP.

Transport Scotland shall be consulted when developing/changing the monitoring requirements.

Existing monitoring arrangements resulting from other legislation may be used if appropriate, with a view to avoiding duplication of monitoring.

Objectivity / conflict of interest

EIARs must be prepared in an objective manner and so as to avoid conflicts of interest.

Audit process for EIAR

EIARs for Major Projects are audited by Transport Scotland to ensure they comply with statutory requirements and are of a consistently robust standard. This is usually carried out on the final draft EIAR prior to publication (along with Orders - the authority to construct new roads is given by virtue of Scottish Statutory Instruments made under powers in the Roads (Scotland) Act 1984; these are generally referred to as ‘road orders’. Draft Orders are published to inform the public about a forthcoming project and to allow objections to be raised. They are called ‘Made Orders’ once confirmed by the Scottish Minister). A six-week period as a minimum should be allowed in project programs for this audit period. Appropriate time will then be required for consequent amendments, depending on the nature of the changes required.

For non-Major Projects, an audit of EIAR or other environmental assessment reports may be required if the project is likely to be contentious or is a complex project. Advice should be taken from the relevant Environmental Advisor on the requirements for audit.

Validity of EIAR and surveys over time

There is no set validity period for an EIAR. However, the baseline data may need periodically updating if the development is delayed. For example, many ecological surveys are valid only for two years, and some for less. Historic Environment Records also need updating approximately every 12 months. If the baseline has been found to change, consideration shall be given to re-assessing the project. This may require an Addendum to the EIAR, or, if there are significant changes, a new EIAR.

It is recommended that pre-construction ecological surveys are carried out to update survey information shortly before construction. The outcome of these surveys have potential to affect the proposed mitigation.

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