Aug 23 - Herald, The; Glasgow (UK)

Tough new environmental laws will not apply to any expansion of nuclear power in Scotland, a minister confirmed yesterday, prompting anger from green campaigners.

They expressed disappointment that, because energy policy is reserved to Westminster, the Scottish Executive will not be able to compel a strategic environmental assessment to be carried out if the nuclear industry wants to build a new plant north of the border.

Such assessments, introduced under the Environmental Assessment (Scotland) Act 2005, were portrayed by ministers as a major advance on previous legislation and hailed by Ross Finnie, the environment minister, as "good for people, good for places and good for development, " extending "environmental assessment to all public plans and strategies".

But in an answer to a parliamentary question, deputy enterprise minister Allan Wilson confirmed that a nuclear application would be treated under the older, weaker laws because it would "come from the commercial sector" and because the UK government had already conducted a strategic energy review.

He added: "It would be for the commercial developer to consider whether the proposal would also require a strategic environmental assessment under the act."

Green MSP Chris Ballance said: "It is disappointing that this legislation be so weak, yet be talked up so strongly by ministers, " adding: "The admission that it is up to a commercial company to decide is bizarre in the extreme. It's akin to the privatisation of public accountability.

"We should be looking at a proper energy strategy for Scotland, and to suggest that the decision over nuclear power is considered to be separate from that is totally unacceptable."

Duncan McLaren, of Friends of the Earth, said: "Developments by a private company 'in fulfilment of a public duty' ought to be included."

An executive spokesman said: "We don't believe this is a loophole. The act widened the scope of strategic environmental impacts to put public policy on a new footing. Private or commercial applications with planning strategies and programmes with significant effects were fully assessed to minimise their environmental impact."

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