# The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017, Regulation 24: Amendment of Schedule 2


(1) Schedule 2 (thresholds for identification of projects likely to have significant effects on the environment) is amended as follows.
(2) In the heading, for “Thresholds for identification” substitute “Descriptions”.
(3) In paragraph 1—
(a) before the definitions of “National Park” and “Area of Outstanding Natural Beauty”, insert—
““low-risk area” has the meaning given in regulation 3B(7);”;
(b) in the definition of “National Park” and “Area of Outstanding Natural Beauty”, for “of the next definition” substitute “in the definition of “sensitive area””;
(c) after the definition of “National Park” and “Area of Outstanding Natural Beauty” insert—
““Ramsar Convention” has the meaning given in section 37A(4) and (5) of the Wildlife and Countryside Act 1981;”;
(d) in the definition of “sensitive area”—
(i) omit paragraph (b);
(ii) for paragraph (h), substitute—
“(h) a European site within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2010;”;
(iii) after paragraph (h), insert—
“(i) any land in Great Britain designated under paragraph 1 of Article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that Article;
(j) land declared to be a national nature reserve under section 35(1) of the Wildlife and Countryside Act 1981;
(k) any land which is a nature reserve within the meaning given in section 15 of the National Parks and Access to the Countryside Act 1949.”;
(e) omit the definition of “specified threshold”.
(4) After paragraph 1, insert—
“Descriptions of projects in England likely to have significant effects on the environment
1A. (1) For the purposes of regulation 3(3), 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 likely to have, or not 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.
Table
Row
Column 1
Type of project
Column 2
Description of land covered, or proposed to be covered, by the project
Column 3
Size of area of land covered, or proposed to be covered, by the project
Column 4
Likelihood of the project having significant effects on the environment
1
Afforestation
The land, or part of the land, is in a sensitive area which is a National Park or an Area of Outstanding Natural Beauty
2 hectares or less
Unlikely to have significant effects
2
Afforestation
The land, or part of the land, is in a sensitive area which is a National Park or an Area of Outstanding Natural Beauty
More than 2 hectares
Likely to have significant effects
3
Afforestation
The land, or part of the land, is in a sensitive area which is not a National Park or an Area of Outstanding Natural Beauty
Area of any size
Likely to have significant effects
4
Afforestation
No part of the land is in a sensitive area
2 hectares or less
Unlikely to have significant effects
5
Afforestation
No part of the land is in a sensitive area
More than 2, but no more than 5, hectares
Unlikely to have significant effects, unless written notification is given by the appropriate forestry body pursuant to regulation 3A
6
Afforestation
No part of the land is in a sensitive area and the area is a low-risk area
More than 5, but no more than 50, hectares
Unlikely to have significant effects, unless written notification is given by the appropriate forestry body pursuant to regulation 3B
7
Afforestation
No part of the land is in a sensitive area and the area is a low-risk area
More than 50 hectares
Likely to have significant effects
8
Afforestation
No part of the land is in a sensitive area and the area is not a low-risk area
More than 5 hectares
Likely to have significant effects
9
Deforestation
The land, or part of the land, is in a sensitive area which is a National Park or an Area of Outstanding Natural Beauty
0.5 hectares or less
Unlikely to have significant effects
10
Deforestation
The land, or part of the land, is in a sensitive area which is a National Park or an Area of Outstanding Natural Beauty
More than 0.5 hectares
Likely to have significant effects
11
Deforestation
The land, or part of the land, is in a sensitive area which is not a National Park or an Area of Outstanding Natural Beauty
Area of any size
Likely to have significant effects
12
Deforestation
No part of the land is in a sensitive area
1 hectare or less
Unlikely to have significant effects
13
Deforestation
No part of the land is in a sensitive area
More than 1 hectare
Likely to have significant effects
14
Forest road works
The land, or part of the land, is in a sensitive area
Area of any size
Likely to have significant effects
15
Forest road works
No part of the land is in a sensitive area
1 hectare or less
Unlikely to have significant effects
16
Forest road works
No part of the land is in a sensitive area
More than 1 hectare
Likely to have significant effects
17
Forest quarry works
The land, or part of the land, is in a sensitive area
Area of any size
Likely to have significant effects
18
Forest quarry works
No part of the land is in a sensitive area
1 hectare or less
Unlikely to have significant effects
19
Forest quarry works
No part of the land is in a sensitive area
More than 1 hectare
Likely to have significant effects.
”
(5) In paragraph 2—
(a) in the heading, after “Thresholds”, insert “for identification of projects in Wales likely to have significant effects on the environment”; and
(b) in sub-paragraph (1), after “any project”, insert “in Wales”.
(6) In paragraph 3, for sub-paragraph (1), substitute—
“(1) Where the project under consideration is an extending project—
(a) the areas specified in Column 3 of the Table in paragraph 1A, and
(b) the thresholds specified in Columns 2 and 3 of the Table in paragraph 2,
shall not apply, and the threshold or areas applicable for that project for the purposes of regulation 3(3) shall be instead such balance (if any), in hectares, of the area specified in Column 3 or, as the case may be, Columns 2 and 3, in those Tables opposite the entry in Column 1 for that type of project as remains after deduction of the accumulated material past project area.”.

---
Source: https://www.legislation.gov.uk/uksi/2017/592/regulation/24 (the official version)
Page: https://openlegislation.uk/environmental-impact-assessment-forestry-england-and-wales-amendment-regulations-2017/regulation-24
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

