Part 3Miscellaneous and general

45Mitigation of environmental impacts

1

The authorised undertaker shall employ all reasonably practicable means to ensure—

a

that the environmental impacts of the construction and operation of the authorised works are not worse than the residual impacts identified in the environmental statement; and

b

that—

i

the additional environmental mitigation measures identified in the promoter’s undertakings are carried out; or

ii

the environmental impacts of the construction or operation of the authorised works are not worse than they would have been had the mitigation measures referred to in sub-paragraph (i) been carried out.

2

In this section—

  • “environmental statement” means the environmental statement submitted to the Parliament as an accompanying document with the Bill for this Act, as amended by ‘Waverley Railway Act: Further Environmental Information (February 2005)’ and the ‘Addendum Environmental Statement: Stow Station (January 2006)’;

  • “the promoter’s undertakings” means all undertakings given by Scottish Borders Council as Promoter of the Bill for this Act—

    1. a

      to the Committee during the Consideration Stage of the Bill for this Act; or

    2. b

      to any person in connection with that Bill;

  • “residual impacts” means the environmental impacts of the construction or operation of the authorised works after the mitigation measures proposed in the environmental statement have been carried out.