# The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999, Regulation 2: Interpretation

Extent: E+W

(1) In these Regulations—
“afforestation” means initial afforestation (which has the same meaning as in paragraph 1(d) of Annex II to the Directive);
“the appropriate Authority” means—
(a)in relation to England, the Secretary of State; and
(b)in relation to Wales, the Welsh Ministers;
“the appropriate forestry body” means, in relation to England, the Commissioners and, in relation to Wales, the Natural Resources Body for Wales;
“the Commissioners” means the Forestry Commissioners;
“countryside bodies” means—
(a)where any part of the land is situated in England, the Environment Agency, Natural England and any other body designated by statutory provision as having specific environmental responsibilities or local or regional competences in relation to England; and
(b)where any part of the land is situated in Wales, any body designated by statutory provision as having specific environmental responsibilities or local or regional competences in relation to Wales;
“deforestation” means deforestation for the purposes of conversion to another type of land use (which terms have the same meaning as in paragraph 1(d) of Annex II to the Directive);
“development” means development within the meaning of section 55 of the Town and Country Planning Act 1990;
“Directive 92/43” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora as last amended by Council Directive 2013/17/EU;
“Directive 2009/147” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds, as amended by Council Directive 2013/17/EU;
“the Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU of the European Parliament and of the Council;
...
“environmental impact assessment” means—
(a)the preparation of an environmental statement;
(b)the carrying out of consultations under regulation 9 and, where relevant, regulation 14;
(c)the consideration of the environmental statement and other information under regulation 15;
(d)reaching a conclusion about the likely significant effects of the project under regulation 15; and
(e)the consideration of that conclusion under regulation 15, before the decision whether or not to grant consent;
“environmental information” means information in the environmental statement and any other information provided in accordance with these Regulations in relation to an application for consent or an appeal under regulation 17 or 21 relating to the likely environmental effects of the project which is the subject of the application or, as the case may be, appeal;
“environmental statement” means a statement that—
(a)includes such of the information referred to in Part 1 of Schedule 1 as is relevant to the specific characteristics of a particular project or type of project and to the environmental features likely to be affected;
(b)includes at least the information referred to in Part 2 of Schedule 1;
(c)takes into account the results of any relevant UK environmental assessment reasonably available to the proposer;
(d)is based on any opinion issued pursuant to regulation 6 and, where such an opinion is issued, includes the information that may reasonably be required for reaching a conclusion on the significant effects of the project on the environment, taking into account current knowledge and methods of assessment;
(e)is prepared by competent persons; and
(f)is accompanied by a statement from the proposer outlining the relevant experience or qualifications of such persons;
“EU environmental assessment” means an assessment of the effect of anything on the environment carried out under assimilated law other than any law of any part of the United Kingdom that implemented the Directive;
“forest quarry works” means operations on land used or to be used for the purposes of forestry, or on land held or occupied with that land, to obtain the materials required for forest road works;
“forest road works” means the formation, alteration or maintenance of private ways on land used or to be used for the purposes of forestry;
“project” means the execution of construction works or of other installations or schemes or other intervention in the natural surroundings or landscape including those involving the extraction of mineral resources;
“proposer” means person who proposes to carry out a project;
“relevant project” shall be construed in accordance with regulation 3 below;
“UK environmental assessment” means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything done on the environment.
(1A) In these Regulations, any reference to the likely significant effects, or the likely significant adverse effects, of projects on the environment includes a reference to the effects of the projects on the environment once the projects are completed and in operation.
(1B) In paragraph (1A), the reference to the environment includes a reference to the matters referred to in Schedule 4.
(2) In these regulations, any reference to an enforcement notice shall be construed as including, as the context requires, a reference to a notice of variation under regulation 20(6)(a) or to an enforcement notice as so varied.
(3) Any reference in these Regulations (other than regulation 22) to consent is a reference to the consent of the appropriate forestry body required by regulation 4, and—
(a) (where the context permits) includes consent by the appropriate Authority on an appeal under regulation 17; and
(b) in regulations 4 and 20 to 23 includes (in accordance with regulation 25(9)) consent granted under the Environmental Assessment (Forestry) Regulations 1998.
(4) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

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Source: https://www.legislation.gov.uk/uksi/1999/2228/regulation/2 (the official version)
Page: https://openlegislation.uk/environmental-impact-assessment-forestry-england-and-wales-regulations-1999/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.