Chamber and committees

I refer the member to the answer to question S3W-26010 on 13 August 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

I refer the member to the answer to question S3W-26010 on 13 August 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Yes.

To date, the Scottish ministers have complied with the provisions and requirements of the European Habitats Directive.

The Habitats Directive was implemented in the UK by the Conservation (Natural Habitats etc) Regulations 1994 as amended. Regulation 48(1) and (2) make it clear that the point at which the competent authority requires to make an appropriate assessment, if necessary, is before deciding to undertake or give any consent, permission or other authorisation for a project. It is clear from Regulation 48(2) that it is as part of the statutory consent process that this procedure must be followed through.

The Scottish ministers have not yet taken a decision to proceed with the proposed Aberdeen Western Peripheral Route. Such a decision will only be taken following consideration of the reporters'' report, based upon the evidence heard during the public local inquiry.

As a decision has not yet been taken whether to proceed, the competent authority has not yet carried out the appropriate assessment in respect of the proposed Aberdeen Western Peripheral Route. However, the advice of Scottish Natural Heritage, who are the statutory nature conservation advisor to the Scottish Government, indicated that, on the basis of the information provided and appraisal carried out to date, that if the proposals are undertaken strictly in accordance with specified conditions, the proposed Aberdeen Western Peripheral Route will not adversely affect the integrity of the River Dee SAC (Special Area of Conservation). The advice provided by Scottish Natural Heritage was lodged as a document during the public local inquiry, a copy of which is available at:

 http://www.awpr-pli.org/downloads/Documents/Transport%20Scotland%20Documents/TS189.PDF.

Transport Scotland''s consultants have prepared a report to inform an appropriate assessment (RIAA) of the impacts of the proposed Aberdeen Western Peripheral Route on the River Dee SAC. The approach taken to completion of the RIAA was set out in consultation with Scottish Natural Heritage. A copy of the RIAA is available from the inquiry website at:

 http://www.awpr-pli.org/document_library.asp?command=OpenFolder&folder=Documents%5CTransport+Scotland+Documents%5C&file=TS081.

The Habitats Directive was implemented in the UK by the Conservation (Natural Habitats etc) Regulations 1994 as amended. Regulation 48(1) and (2) make it clear that the point at which the competent authority requires to make an appropriate assessment, if necessary, is before deciding to undertake or give any consent, permission or other authorisation for a project. It is clear from Regulation 48(2) that it is as part of the statutory consent process that this procedure must be followed through.

In terms of Article (6)(3) of the Habitats Directive, the principal issue to be considered in the appropriate assessment is whether or not the project in question will adversely affect the integrity of the site. Only if a negative conclusion is reached in relation to that test, or there is uncertainty as to whether or not there would be an adverse effect on the integrity of the site, is it necessary to proceed to the considerations in Article 6(4). It is in that context that guidance from the European Commission suggests that it is necessary to consider whether the option put forward for approval is the least damaging for habitats, species and the integrity of the site and that no other feasible alternative exists that would not affect the integrity of the site.

Transport Scotland''s consultants have prepared a report to inform an appropriate assessment (RIAA) of the impacts of the proposed Aberdeen Western Peripheral Route on the River Dee Special Area of Conservation (SAC). The approach taken to completion of the RIAA was set out in consultation with Scottish Natural Heritage. A copy of the RIAA is available from the inquiry website at:

http://www.awpr-pli.org/document_library.asp?command=OpenFolder&folder=Documents%5CTransport+Scotland+Documents%5C&file=TS081.

Yes.

I refer the member to the answer to question S3W-19360 on 19 January 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

I refer the member to the answer to question S3W-26037 on 13 August 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

The publication of draft orders in December 2006 and September 2007 marked the start of formal statutory consultation periods in respect of the proposed Aberdeen Western Peripheral Route. During the statutory consultation periods the public had the opportunity to comment in respect of the proposals, including the opportunity to comment on scheme objectives.

I refer the member to the answer to question S3W-26020 on 13 June 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.