Regulation 24 Amendment of Schedule 2
Schedule 2 (thresholds for identification of projects likely to have significant effects on the environment) is amended as follows.
In the heading, for “Thresholds for identification” substitute “Descriptions”.
In paragraph 1—
before the definitions of “National Park” and “Area of Outstanding Natural Beauty”, insert—
““low-risk area” has the meaning given in regulation 3B(7);”;
in the definition of “National Park” and “Area of Outstanding Natural Beauty”, for “of the next definition” substitute “in the definition of “sensitive area””;
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 1981f1;”;
in the definition of “sensitive area”—
omit paragraph (b);
for paragraph (h), substitute—
“(h)a European site within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2010f2;”;
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 1981f3;
(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 1949f4.”;
omit the definition of “specified threshold”.
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. ”
In paragraph 2—
in the heading, after “Thresholds”, insert “for identification of projects in Wales likely to have significant effects on the environment”; and
in sub-paragraph (1), after “any project”, insert “in Wales”.
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.”.
Annotations
Footnotes
- f1
-
1981 c. 69. Section 37A was inserted by section 77 of the Countryside and Rights of Way Act 2000 (c. 37).
- f2
-
Regulation 8 was amended by S.I. 2012/1927.
- f3
-
Section 35(1) was amended by paragraph 85 of Part 1 of Schedule 11 to the Natural Environment and Rural Communities Act 2006.
- f4
-
Section 15 was substituted by paragraph 12 of Part 1 of Schedule 11 to the Natural Environment and Rural Communities Act 2006.