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

• (8) In paragraph (3)(c)(ii), “relevant local authority” means the local authority for the area in which it is proposed to carry out the project.

• (9) In paragraph (6), the “relevant period” means a period of 42 days beginning with—

• (a) the day on which the appropriate forestry body receive prior full notification in respect of the project; or

• (b) where the appropriate forestry body have requested further information under paragraph (4), the day on which that information is received pursuant to that paragraph.

• (10) In paragraph (7)—

• (a) “common land” means—

• (i) land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006; and

• (ii) land to which Part 1 of that Act does not apply and which is subject to rights of common within the meaning of that Act;

• (b) “environmental objectives” means—

• (i) in relation to the Solway Tweed River Basin District, the objectives as defined in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 ;

• (ii) in relation to the Northumbria River Basin District, the objectives referred to in the WFD Regulations as applied and modified by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 ;

• (iii) in relation to any other river basin district, as defined in WFD Regulations, the same as in those regulations;

• (c) “sensitive area” has the same meaning as in Schedule 2;

• (d) “water features” includes boreholes, wells, adits, springs, seepage and wetland areas, ponds, lakes and watercourses;

• (e) “watercourses” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.

• (11) In paragraphs (7) and (10), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.

Restriction on relevant projects

National defence and civil emergencies

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.

Exceptional circumstances

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 an 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).

Application for an opinion whether a project is a relevant project

Opinions of the appropriate forestry body

Directions by the appropriate Authority

Effect of directions and opinions

Request as to the information to be included in an environmental statement

Co-ordination

9A

• (1) Where, in respect of a relevant project, there is a requirement to carry out a Habitats Regulation Assessment, the appropriate forestry body must where appropriate ensure that environmental impact assessments carried out under these Regulations and the Habitats Regulation Assessment are co-ordinated or carried out jointly.

• (2) In this regulation, a “Habitats Regulation Assessment” means an assessment under regulation 63 of the Conservation of Habitats and Species Regulations 2017.

Applications for consent

Provision of further information

Assistance in preparation of environmental statements

Publicity

Information for another EEA State

Determination of applications

Notification of decisions

Appeals against decisions of the appropriate forestry body

Conditions to be included in every consent

Application to the court by person aggrieved

Enforcement notices

Appeals against enforcement notices

Penalties for non-compliance with enforcement notices

Power of entry and default powers

Registers of opinions, directions, determinations etc. for public inspection

Revocation and transitional provisions

Review: England

26

• (1) The Secretary of State, in relation to England, must from time to time—

• (a) carry out a review of the regulatory provision contained in these Regulations; and

• (b) publish a report setting out the conclusions of the review.

• (2) The first report must be published before 16th May 2022.

• (3) Subsequent reports must be published at intervals not exceeding 5 years.

• (4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the Directive is implemented in other member States.

• (5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

• (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

• (b) assess the extent to which those objectives are achieved;

• (c) assess whether those objectives remain appropriate; and

• (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

• (6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Part 1

1

Description of the project, including in particular—

• (a) a description of the location of the project;

• (b) a description of the physical characteristics of the whole project, including where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases;

• (c) a description of the main characteristics of the operational phase of the project (in particular, any production process): for instance, energy demand and energy used, the nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;

• (d) an estimate, by type and quantity of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) resulting from the operation of the proposed project.

2

A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the applicant, which are relevant to the proposed project and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.

3

A description of the relevant aspects of the current state of the environment (baseline scenario), and an outline of the likely evolution thereof, without implementation of the project, as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.

4

A description of the factors specified in paragraph 1 of Schedule 4 likely to be significantly affected by the project: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects and landscapes.

5

A description of the likely significant effects of the project on the environment resulting from, amongst others—

• (a) the construction and existence of the project, including where relevant, demolition works;

• (b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

• (c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

• (d) the risks to human health, cultural heritage or the environment (for example, due to accidents or disasters);

• (e) the cumulation of effects with existing or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

• (f) the impact of the project on climate (for example, the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change;

• (g) the technologies used.

8

A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example, the preparation of a post-project analysis). That description must explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and must cover both the construction and operational phases.

9

A description of the expected significant adverse effects of the project on the environment deriving from the vulnerability of the project to risks of major accidents or disasters which are relevant to the project concerned. Relevant information available and obtained through risk assessments pursuant to assimilated law such as any law that implemented Directive 2012/18/EU of the European Parliament and of the Council on the control of major accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC or Council Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations or UK environmental assessments may be used for this purpose provided that the requirements of any law that implemented the Directive are met. Where appropriate, this description must include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

10

A non-technical summary of the information provided under paragraphs 1 to 9.

11

A reference list detailing the sources used for the descriptions and assessments included in the statement.

PART 2

Descriptions of projects in England likely to have significant effects on the environment

1A

• (1) For the purposes of regulation 3(3), and subject to regulations 6(3) and 7(6), a project in England of a type, description and size specified in columns 1, 2 and 3 of each entry in the Table below, is to be treated as being not likely to have significant effects on the environment in accordance with column 4 of the appropriate entry.

• (2) This paragraph applies subject to paragraph 3 of this Schedule.

Thresholds for identification of projects in Wales not likely to have significant effects on the environment

Thresholds for extending projects

Consideration of thresholds in other cases where project adjoins or is near another project

SCHEDULE 2A — Information to be provided by the proposer for an application for an opinion whether a project is a relevant project

1

A description of the project including, in particular—

• (a) a description of the physical characteristics of the whole project and, where relevant, of demolition works; and

• (b) a description of the location of the project, with particular regard to the environment sensitivity of geographical areas likely to be affected.

2

A description of the aspects of the environment likely to be significantly affected by the project.

3

A description of any likely significant effects of the project on the environment, to the extent of the information available on such effects, resulting from—

• (a) the expected residues and emission and the production of waste, where relevant; and

• (b) the use of natural resources, in particular soil land, water and biodiversity.

Characteristics of the project

Location of the project

Types and characteristics of the potential impact

Descriptions of projects in England not likely to have significant effects on the environment

Information for an EEA State