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8. After regulation 4, insert—
4A.—(1) The appropriate forestry body may determine that a project, or a part of a project, is exempt if—
(a)the project has national defence as its sole purpose; and
(b)they consider that an environmental impact assessment in respect of the project or the part of the project would have an adverse effect on the fulfilment of that purpose.
(2) The appropriate forestry body may determine that a project is exempt if—
(a)the project has the response to a civil emergency as its sole purpose; and
(b)they consider that an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of that purpose.
(3) The effect of a determination that a project is exempt under paragraph (1) or (2) is that these Regulations do not apply in respect of the project.
(4) The effect of a determination under paragraph (1) that a part of a project is exempt is that the project is to be treated under these Regulations as not including the part which is the subject of the determination.
4B.—(1) The appropriate forestry body may determine that a project is exempt if they are satisfied that—
(a)it is appropriate to do so by reason of exceptional circumstances;
(b)an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of the project’s purpose;
(c)the objectives of the Directive will be met even though such an assessment is not carried out; and
(d)the project is unlikely to have significant effects on the environment in another EEA State.
(2) The effect of a determination that a project is exempt under paragraph (1) is that these Regulations, except for paragraphs (3) and (4), do not apply in respect of the project.
(3) The appropriate forestry body must not make a determination under paragraph (1) that a project is exempt unless they have considered whether any other form of assessment is appropriate.
(4) After the appropriate forestry body make a determination under paragraph (1), they must as soon as practicable make available to the public concerned—
(a)the determination, including an explanation of the reasons for it; and
(b)the information obtained under any other assessment considered appropriate in accordance with paragraph (3).”.
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