The Scottish Ministers give notice that they have determined that the project to undertake resurfacing works on the A68 immediately north of the Scotland / England border is a relevant project within the meaning of section 55A of the Roads (Scotland) Act 1984 (“the 1984 Act”) as the works fall within Annex II of Directive 2011/92/EU on the assessment of certain public and private projects on the environment, but that having regard to –

(a) the selection criteria contained in Annex III of that Directive, namely

(i) the use of natural resources, in particular land, soil, water and biodiversity;

(ii) the production of waste;

(iii) pollution and nuisances;

(iv) the risks to human health (for example due to water contamination or air pollution),

(b) the results of the Environmental Screening Assessment under section 55A(2) of the 1984 Act,

(c) the information set out in the Record of Determination dated 3 September 2025, available at https://www.transport.gov.scot/transport-network/roads/road-orders-and-records-of-determination/#63527, the project does not require an Environmental Impact Assessment.

The main reasons for the conclusion that no Environmental Impact Assessment is required are:

(a) The works are not situated in whole or in part in a “sensitive area” as listed under regulation 2 (1) of the Environmental Impact Assessment (Scotland) Regulations 1999 (as amended);

(b) The works will be restricted to the carriageway boundary; and

(c) Any potential impacts of the works are expected to be temporary, short-term, non-significant, and limited to the construction phase.

The features of the project which are envisaged to avoid or prevent significant adverse effects on the environment are:

(a) Mitigation measures and best practice will be implemented to ensure no short-term or long-term significant negative impacts on the environment;

(b) Containment measures of the working area will be in place to prevent debris or pollutants from entering the surrounding environment; and

(c) Measures will be in place to ensure appropriate removal and disposal of waste;

A member of the staff of the Scottish Ministers

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