The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018

The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

8.—(1) The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999(1) are amended as follows.

(2) In regulation 2(1) omit the definition of “EEA State”.

(3) In regulation 3(3), in the words before sub-paragraph (a)—

(a) omit “paragraphs (4) and (5) (in relation to England) and”;

(b) for “likely to have, or not to have,” substitute “not likely to have”.

(4) In regulation 3B—

(a) after paragraph (6) insert—

“(6A) Where a proposer applies for a grant from the appropriate forestry body or from the National Forest Company for the purposes of a proposed project of the kind described in paragraph (1)—

(a) the proposer is not required to send prior full notification to the appropriate forestry body in respect of the project to which the grant relates, and

(b) where the appropriate forestry body or the National Forest Company offers a grant to the proposer, the proposer may conclude that the project to which the grant relates is to be treated as being unlikely to have significant effects on the environment.”;

(b) in paragraph (7)(g), for “and repealing Council Regulation (EC) No 1698/2005” substitute “, as last amended by Commission Delegated Regulation (EU) 2018/162(2)”.

(5) In regulation 6, after paragraph (1A) insert—

“(1B) Where a proposer applies for a grant from the appropriate forestry body or the National Forest Company for the purposes of the project and the application is accompanied by the information referred to in regulation 5(2), the appropriate forestry body may treat that grant application as an application for an opinion under regulation 5 and as an exceptional case for the purposes of paragraph (1A).”.

(6) Schedule 2 is amended in accordance with paragraphs (7) to (10).

(7) In the heading, for “likely” substitute “not likely”.

(8) In paragraph 1A—

(a) in the heading, for “likely” substitute “not likely”;

(b) in sub-paragraph (1)—

(i) after “regulation 3(3),” insert “and subject to regulations 6(3) and 7(6),”;

(ii) for “likely to have, or not to have,” substitute “not likely to have”;

(c) in the table after sub-paragraph (2), omit rows 2, 3, 7, 8, 10, 11, 13, 14, 16, 17 and 19.

(9) In the heading of paragraph 2, for “likely” substitute “not likely”.

(10) For paragraph 2(1) substitute—

“(1) For the purposes of regulation 3(3), and subject to regulations 6(3) and 7(6), a project in Wales of a type specified in an entry in Column 1 in the Table that is below the threshold (if any) specified in Column 2 or 3 of the Table, whichever is appropriate to the land covered, or proposed to be covered, by that project is to be treated as being not likely to have a significant effect on the environment.”.

(1)

S.I. 1999/2228, amended by S.I 2017/592 .

(2)

OJ No L 30, 2.2.2018, p 6.