Regulation 3A Prior basic notification to the appropriate forestry bodyF1

(1)

This regulation applies to a proposed afforestation project in England covering an area of land—

(a)

which extends to more than 2, but no more than 5, hectares; and

(b)

no part of which is in a sensitive area.

(2)

Where this regulation applies to a project, its proposer must send notification of its proposal (“prior basic notification”) to the appropriate forestry body.

(3)

The proposer’s prior basic notification must include—

(a)

a description of the proposal for the project;

(b)

a map or plan sufficient to identify the land that is the subject of the proposed project (including its boundaries); and

(c)

information about the proposer and any agent or manager of the proposer with authority to act on behalf of the proposer in respect of the project.

(4)

Where the appropriate forestry body receive prior basic notification in respect of a project, they may, within the period of 28 days beginning with the day on which they receive the notification, request further information from the proposer in respect of that project.

(5)

Where the appropriate forestry body receive—

(a)

prior basic notification in respect of a project, and

(b)

any further information requested under paragraph (4),

they must assess whether the project is likely to have significant effects on the environment.

(6)

Where the appropriate forestry body do not, within the relevant period, notify the proposer in writing that, according to their assessment, the project is likely to have significant effects on the environment, the proposer may conclude that the project is to be treated as being unlikely to have significant effects on the environment for the purposes of regulation 3(1)(b).

(7)

A proposer who applies for a grant from the appropriate forestry body or from the National Forest Company for the purposes of a proposed project of the kind described in paragraph (1)—

(a)

is not required to send prior basic notification to the appropriate forestry body in respect of the project to which the grant relates; and

(b)

where the appropriate forestry body or the National Forest Company offer a grant to the proposer, may conclude that the project to which the grant relates is to be treated as being unlikely to have significant effects on the environment.

(8)

In paragraph (1), “sensitive area” has the same meaning as in Schedule 2.

(9)

In paragraph (6), the “relevant period” means a period of 28 days beginning with—

(a)

the day on which the appropriate forestry body receive prior basic notification in respect of the project; or

(b)

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

Annotations

Textual amendments

F1: Regs. 3A, 3B inserted (E.) (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 6 (with regs. 1(3), 28)