P ART 2 P OWER TO MODIFY OR RESTATE ENVIRONMENTAL IMPACT ASSESSMENT LEGISLATION AND HABITATS 15 REGULATIONS 2 Power to modify or restate EIA legislation and habitats regulations (1) The Scottish Ministers may by regulations modify or restate (all or any of)— (a) the relevant EIA legislation, and (b) the habitats regulations. 20 (2) The Scottish Ministers may exercise the power under subsection (1) only if they consider that the modification or restatement in question accords with one or more of the purposes described in section 3. (3) The power to modify or restate in subsection (1) may be exercised in respect of any modified or restated provision. 25 (4) A restatement may use words or concepts that are different from those used in the legislation being restated. (5) Before making regulations under subsection (1), the Scottish Ministers must consult such persons as they consider may have an interest in, or otherwise be affected by, the regulations. 30 (6) Regulations under subsection (1) are subject to the affirmative procedure if they contain provision that— (a) creates an offence, (b) amends an existing offence in a manner that increases the range of activity that is to constitute a criminal offence, 35 (c) confers a power to— (i) arrest a person, (ii) search a person, (iii) enter and search a vehicle, premises or land, 6 Natural Environment (Scotland) Bill Part 2—Power to modify or restate environmental impact assessment legislation and habitats regulations 1 (iv) inspect, seize or detain any thing possessed by a person or found in or on a vehicle, premises or land, (d) amends an existing power of a type listed in paragraph (c) in a manner that extends the circumstances in which such a power may be exercised, 5 (e) imposes, or confers on a Scottish public authority the power to impose, a fee or charge, (f) amends the amount of a fee or charge (other than an amendment to reflect a change in the value of money), or (g) textually amends an Act. 10 (7) Any other regulations under subsection (1) are (if they have not been subject to the 1 affirmative procedure) subject to the negative procedure. (8) This section does not limit any other power to modify the relevant EIA legislation or the habitats regulations. 3 Purposes for modification or restatement of EIA legislation and habitats regulations 15 The purposes for which the Scottish Ministers may exercise the power to make regulations under section 2(1) are— (a) to maintain or advance standards in relation to— (i) restoring, enhancing or managing the natural environment, (ii) preserving, protecting or restoring biodiversity, 20 (iii) environmental assessments, (b) to facilitate progress toward any statutory target relating to the environment, climate or biodiversity that applies in Scotland (including, in particular, the net zero emissions target set by section A1 of the Climate Change (Scotland) Act 2009), 25 (c) to ensure consistency or compatibility with other legal regimes (either domestic or international), (d) to take account of changes in technology or developments in scientific understanding, (e) to resolve ambiguity, remove doubt or anomaly, facilitate improvement in the 30 clarity or accessibility of the law (including by omitting or repealing anything which is legally unnecessary), (f) to improve or simplify the operation of the law. 4 Interpretation of Part For the purposes of this Part— 35 (a) the “relevant EIA legislation” is— (i) the provisions of the Harbours Act 1964 which relate to the environmental assessment of projects concerning ports and harbours, (ii) the provisions of the Roads (Scotland) Act 1984 which relate to the environmental assessment of projects concerning roads for which the Scottish 7 Natural Environment (Scotland) Bill Part 3—National parks Ministers are the roads authority (within the meaning of section 151 of that Act), (iii) the provisions of the Transport and Works (Scotland) Act 2007 which relate to the environmental assessment of the construction or operation of transport 5 systems of the kinds set out in section 1 of that Act and inland waterways, (iv) the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007 (S.S.I. 2007/570), (v) the Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010 10 (S.S.I. 2010/426), 1 (vi) the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), (vii) the Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/113), 15 (viii) the Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/114), (ix) the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/115), (x) the Masterplan Consent Area Scheme (Environmental Impact Assessment) 20 (Scotland) Regulations 2024...