{
  "url": "https://openlegislation.uk/environmental-impact-assessment-forestry-england-and-wales-regulations-1999/regulation-4B",
  "json_url": "https://openlegislation.uk/environmental-impact-assessment-forestry-england-and-wales-regulations-1999/regulation-4B.json",
  "legislation": "uksi/1999/2228",
  "legislation_title": "The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999",
  "legislation_url": "https://openlegislation.uk/environmental-impact-assessment-forestry-england-and-wales-regulations-1999",
  "path": "regulation/4B",
  "kind": "regulation",
  "number": "4B",
  "heading": "Exceptional circumstances",
  "text": "(1) The appropriate forestry body may determine that a project is exempt if they are satisfied that—\n(a) it is appropriate to do so by reason of exceptional circumstances;\n(b) an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of the project’s purpose;\n(c) the objectives of the Directive will be met even though such an assessment is not carried out; and\n(d) the project is unlikely to have significant effects on the environment in an EEA State.\n(2) The effect of a determination that a project is exempt under paragraph (1) is that these Regulations, except for paragraphs (3) and (4), do not apply in respect of the project.\n(3) The appropriate forestry body must not make a determination under paragraph (1) that a project is exempt unless they have considered whether any other form of assessment is appropriate.\n(4) After the appropriate forestry body make a determination under paragraph (1), they must as soon as practicable make available to the public concerned—\n(a) the determination, including an explanation of the reasons for it; and\n(b) the information obtained under any other assessment considered appropriate in accordance with paragraph (3).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Regs. 4A, 4B inserted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 8 (with reg. 28)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in reg. 4B(1)(d) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 3(4); 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/2228/regulation/4B",
    "retrieved_at": "2026-10-29T10:10:54.913902+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}