Explanatory note
(This note is not part of the Regulations)
These Regulations, which apply throughout Great Britain, implement in relation to initial afforestation the Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, (O.J. No. L175, 5.7.85, p. 40).
The Regulations prohibit the Forestry Commissioners from making any grant or loan for an initial afforestation project where in their opinion the project will be likely to have significant effects on the environment, and may lead to adverse ecological changes, by reason of such factors as its nature, size or location, unless they have first taken into consideration information as to the project’s environmental impact. Provision is made for the Commissioners to require an applicant for a grant or loan to provide an environmental statement in such circumstances and to seek representations from the public and from certain authorities before any decision is made on the application.
There are provisions for an applicant for a grant or loan to apply to the responsible Minister, in contentious cases, for a direction as to whether or not such information is required, and each such Minister has the power to direct of his own motion that such information is required in cases where the Forestry Commissioners have ruled otherwise.
Regulations 4 to 10 lay down the procedures required to be followed in the making and consideration of applications for grants or loans in these circumstances, and the Schedule to the Regulations specifies the contents of the environmental statement required from the applicant for grant or loan.