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

Regulations 2(1), 10 and 11

SCHEDULE 1 THRESHOLDS FOR THE IDENTIFICATION OF PROJECTS LIKELY TO HAVE SIGNIFICANT EFFECTS ON THE ENVIRONMENT

Interpretation

1.  In this schedule—

“AMPP area” means the accumulated material past project area, being, in relation to an extending project, the total area covered by—

(a)

all material past projects; and

(b)

every other forestry project which—

(i)

is on land adjoining or near to the area of any material past project; and

(ii)

fulfils the conditions in paragraphs (a) to (c) of the definition of material past project;

“deep peaty soil” is organic soil which contains more than 60 per cent of organic matter and exceeds 50 centimetres in thickness;

“extending project” means any forestry project on, or proposed to be on, land which adjoins land on which one or more material past projects has, or have, been carried out;

“material past project”, in relation to a particular extending project, means a forestry project which—

(a)

is of the same type as that of the extending project;

(b)

was completed after the coming into force of these Regulations; and

(c)

was completed no more than 5 years before the proposed date for beginning work on the extending project;

“sensitive area” has the same meaning as in regulation 2(1) but includes, for the purposes of this schedule only, any area of deep peaty soil;

“type”, in relation to a forestry project, extending project or material past project means one of the following types of forestry project:

(a)

afforestation;

(b)

deforestation;

(c)

forest road works; or

(d)

forest quarry works.

Thresholds for projects in sensitive areas

2.—(1) This paragraph applies to projects other than extending projects where part of the land covered or proposed to be covered by the forestry project is in a sensitive area.

(2) Subject to the exceptions in sub-paragraph (3), there is no threshold in relation to forestry projects where any part of the land covered or proposed to be covered by the forestry project is in a sensitive area.

(3) Where the land covered by a forestry project includes all or part of a National Scenic Area (and no other sensitive area) the threshold in relation to—

(a) forestry projects of afforestation is 2 hectares; and

(b) forestry projects of deforestation is 0.5 hectares.

Thresholds for projects outside sensitive areas

3.—(1) This paragraph applies to projects, other than extending projects, where no part of the land covered or proposed to be covered by the project is in a sensitive area.

(2) The threshold in relation to forestry projects of—

(a) afforestation is 20 hectares;

(b) deforestation is 1 hectare;

(c) forest road works is 1 hectare; and

(d) forest quarry works is 1 hectare.

Thresholds for extending projects in sensitive areas

4.—(1) This paragraph applies to extending projects where part of the land covered or proposed to be covered by the extending project is in a sensitive area.

(2) Subject to the exceptions in sub-paragraphs (3) and (4), there is no threshold where any part of the land covered or proposed to be covered by the forestry project is in a sensitive area.

(3) Subject to sub-paragraph (5), where the land covered by an extending project of afforestation includes all or part of a National Scenic Area (and no other sensitive area), the threshold is the balance in hectares of 2 hectares minus the AMPP area.

(4) Subject to sub-paragraph (5), where the land covered by an extending project of deforestation includes all or part of a National Scenic Area (and no other sensitive area), the threshold is the balance in hectares of 0.5 hectares minus the AMPP area.

(5) Where the balance referred to in sub-paragraph (3) or (4) is zero or less, there is no threshold for the extending project concerned.

Thresholds for extending projects outside sensitive areas

5.—(1) This paragraph applies to extending projects where no part of the land covered by the extending project is in a sensitive area.

(2) Subject to sub-paragraph (3), the threshold in relation to extending projects of—

(a) afforestation is the balance in hectares of 20 hectares minus the AMPP area;

(b) deforestation is the balance in hectares of 1 hectare minus the AMPP area;

(c) forest road works is the balance in hectares of 1 hectare minus the AMPP area; and

(d) forest quarry works is the balance in hectares of 1 hectare minus the AMPP area.

(3) Where the balance referred to in sub-paragraph (2)(a), (b), (c) or (d) is zero or less, there is no threshold for the extending project concerned.

Exceptional circumstances in relation to forestry projects near to or adjoining other projects

6.—(1) Subject to sub-paragraph (2) and for the purposes of regulation 11(2) and (8), the circumstances of a forestry project may be regarded by the Commissioners (or as the case may be, by the Scottish Ministers) as exceptional circumstances where the forestry project in question—

(a) is, in the opinion of the Commissioners or, as the case may be, the Scottish Ministers, adjoining or near to the area of another forestry project of any type; and

(b) does not, for whatever reason, fall within the scope of paragraph 4 or 5.

(2) This paragraph—

(a) does not affect the application of regulation 11(2) in relation to forestry projects which are within the scope of paragraph 4 or 5; and

(b) does not limit the generality of the circumstances which may be regarded by the Commissioners or, as the case may be, by the Scottish Ministers, as exceptional circumstances.