The Environmental Assessment (Afforestation) Regulations 1988

Procedure where an environmental statement is required

5.—(1) Where it appears to the Commissioners that an afforestation project in respect of which an application is made for a grant or loan is a project in respect of which environmental information is required, but no environmental statement has been submitted with the application, they shall within 4 weeks beginning with the date of receipt of the application, or such longer period as they may agree with the applicant in writing, notify the applicant in writing of the opinion they have formed, stating their reasons for it, and that no grant or loan can be considered for the project without consideration of environmental information.

(2) The applicant may within 4 weeks beginning with the date of the notification referred to in paragraph (1) above inform the Commissioners in writing—

(a) that he accepts their view and proposes to provide an environmental statement; or

(b) that he proposes to apply in writing to the Minister for his direction on the matter as provided by regulation 6.

(3) If the applicant takes no action in accordance with paragraph (2) above within the period specified the grant or loan applied for shall be deemed to be refused at the end of that period.

(4) The Commissioners shall not determine any application for which environmental information is required otherwise than by refusing the grant or loan applied for unless—

(a) they receive an environmental statement and regulation 8(1) is complied with; or

(b) the Minister directs that consideration of environmental information is not required.

(5) Where the Commissioners receive an environmental statement relating to an application they shall, if regulation 8(1) has been complied with, proceed to deal with the application.