The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017

Exemptions S

9.—(1) The [F1 Scottish Ministers] may F2 ... direct that these Regulations do not apply in relation to a forestry project specified in the direction where, in the opinion of the [F1 Scottish Ministers], compliance with these Regulations would have an adverse effect on the purpose of the forestry project.

(2) Where such a direction is given under paragraph (1), the [F1 Scottish Ministers] must—

(a) make available to the public concerned the information considered in making the direction and the reasons for making the direction;

(b) consider whether another form of assessment would be appropriate; and

(c) if in the opinion of the [F1 Scottish Ministers] another form of assessment would be appropriate, take such steps as are considered appropriate to bring the information obtained under the other form of assessment to the attention of the public concerned.

(3) The [F1 Scottish Ministers] may direct that these Regulations do not apply in relation to a forestry project specified in the direction if the forestry project comprises a project having the response to civil emergencies as its sole purpose and where, in the opinion of the [F1 Scottish Ministers], compliance with these Regulations would have an adverse effect on that purpose.

(4) The [F1 Scottish Ministers] may F3 ... direct that the provisions relating to public consultation in regulation 18 do not apply in cases where a forestry project specified in the direction is adopted pursuant to an enactment (including an Act of the Scottish Parliament or any instrument made under such an Act) provided that the objectives of the Directive are met.

Textual Amendments

F1 Words in reg. 9 substituted (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 10(8) (with reg. 13)

F2 Words in reg. 9(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 9(3)(a) (with reg. 32)

F3 Words in reg. 9(4) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 9(3)(b) (with reg. 32)