The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017

Amendment of regulation 2

4.—(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) for the definition of “the appropriate Authority” substitute—

““the appropriate Authority” means—

(a)

in relation to England, the Secretary of State; and

(b)

in relation to Wales, the Welsh Ministers;”;

(b) in the definition of “countryside bodies”(1), in paragraphs (a) and (b), after “responsibilities” insert “or local or regional competences”;

(c) after the definition of “development”, insert—

““Directive 92/43” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(2) as last amended by Council Directive 2013/17/EU(3);

“Directive 2009/147” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(4), as amended by Council Directive 2013/17/EU;”;

(d) for the definition of “the Directive”(5) substitute—

“the Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU of the European Parliament and of the Council;”

(e) after the definition of “EEA State”, insert—

““environmental impact assessment” means—

(a)

the preparation of an environmental statement;

(b)

the carrying out of consultations under regulation 9(6) and, where relevant, regulation 14(7);

(c)

the consideration of the environmental statement and other information under regulation 15(8);

(d)

reaching a conclusion about the likely significant effects of the project under regulation 15; and

(e)

the consideration of that conclusion under regulation 15, before the decision whether or not to grant consent;”;

(f) for the definition of “environmental statement” substitute—

““environmental statement” means a statement that—

(a)

includes such of the information referred to in Part 1 of Schedule 1 as is relevant to the specific characteristics of a particular project or type of project and to the environmental features likely to be affected;

(b)

includes at least the information referred to in Part 2 of Schedule 1;

(c)

takes into account the results of any relevant UK environmental assessment reasonably available to the proposer;

(d)

is based on any opinion issued pursuant to regulation 6(9) and, where such an opinion is issued, includes the information that may reasonably be required for reaching a conclusion on the significant effects of the project on the environment, taking into account current knowledge and methods of assessment;

(e)

is prepared by competent persons; and

(f)

is accompanied by a statement from the proposer outlining the relevant experience or qualifications of such persons;”;

(g) after the definition of “environmental statement”, insert—

““EU environmental assessment” means an assessment carried out—

(a)

under an obligation to which section 2(1) of the European Communities Act 1972 applies (other than under the Directive), or

(b)

under the law of any part of the United Kingdom implementing an EU obligation other than an obligation arising under the Directive,

of the effect of anything on the environment;”;

(h) after the definition of “relevant project”, insert—

““UK environmental assessment” means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything done on the environment.”.

(3) After paragraph (1), insert—

“(1A) In these Regulations, any reference to the likely significant effects, or the likely significant adverse effects, of projects on the environment includes a reference to the effects of the projects on the environment once the projects are completed and in operation.

(1B) In paragraph (1A), the reference to the environment includes a reference to the matters referred to in Schedule 4.”.

(1)

The definition of “countryside bodies” was substituted by S.I. 2013/755 (W. 90).

(2)

OJ No L 206, 22.7.1992, p. 7.

(3)

OJ No L 158, 10.6.2013, p. 193.

(4)

OJ No L 20, 26.1.2010, p. 7.

(5)

The definition of “the Directive” was amended by S.I. 2006/3106.

(6)

Regulation 9 was amended by S.I. 2013/755 (W. 90).

(7)

Regulation 14 was amended by S.I. 2006/3106 and 2013/755 (W. 90).

(8)

Regulation 15 was amended by S.I. 2013/755 (W. 90).

(9)

Regulation 6 was amended by S.I. 2013/755 (W. 90).