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28.—(1) These Regulations do not apply to any project—
(a)where the proposer has, before the commencement date, applied to the appropriate forestry body under regulation 5(1) of the 1999 Regulations for their opinion as to whether the project is a relevant project but the appropriate forestry body have not, by that date, given written notice of their opinion under regulation 6(1) of the 1999 Regulations;
(b)where, before the commencement date, the appropriate forestry body have given their opinion of their own motion under regulation 6(5) of the 1999 Regulations as to whether the project is or would be a relevant project;
(c)where the proposer has, before the commencement date, applied to the appropriate Authority for a direction under regulation 7(1)(1) of the 1999 Regulations but the appropriate Authority has not, by that date, given a direction under regulation 7 of those Regulations;
(d)where —
(i)the proposer has, on or after the commencement date, applied to the appropriate Authority for a direction under regulation 7(1) of the 1999 Regulations in respect of the project;
(ii)the appropriate Authority has not given a direction under that regulation; and
(iii)the proposer had, before the commencement date, applied to the appropriate forestry body under regulation 5(1)(2) of the 1999 Regulations for their opinion as to whether the project was a relevant project;
(e)where the proposer has, before the commencement date, requested the appropriate forestry body to give their opinion under regulation 9(1) of the 1999 Regulations as to the scope and level of detail of the information to be contained in the environmental statement required for the project but the appropriate forestry body have not, before the commencement date, given their opinion under that regulation; or
(f)where an application has been submitted under regulation 10(1) of the 1999 Regulations in respect of the project before the commencement date.
(2) In paragraph (1), “commencement date” means the date on which these Regulations come into force.
Regulation 7(1) was amended by S.I. 2013/755 (W. 90).
Regulation 5(1) was amended by S.I. 2013/755(W. 90).
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