Regulation 5 Application for an opinion whether a project is a relevant projectI1

England and Wales

(1)

The proposer may apply in writing to F1the appropriate forestry body for their opinion whether a project is a relevant project.

(2)

An application under paragraph (1) above shall include or be accompanied by—

(a)

a map or plan sufficient to identify the land that is the subject of the proposed project and the extent of the proposed project,

F2(b)

the information on the characteristics of the project and its likely significant effects on the environment specified in Schedule 2A; and

(c)

such further information or representations as the proposer may wish to provide or make, including a description of any features of the project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

F3(2A)

When compiling the information referred to in paragraph (2)(b), the proposer shall take into account—

(a)

any criteria in Schedule 3 which are relevant to the project; and

(b)

the results of any relevant EU environmental assessment which are reasonably available to the proposer.

(3)

The appropriate forestry body shall, if they consider that they have not been provided with sufficient information to enable them to give an opinion under paragraph (1) above, notify the proposer in writing of the matters on which they require further information and the proposer shall supply that further information to the appropriate forestry body within such period as the appropriate forestry body reasonably may require or such other period as may be agreed in writing between the appropriate forestry body and the proposer.

Annotations

Textual amendments

F1: Words in reg. 5 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 102(1) (with Sch. 7)
F2: Reg. 5(2)(b)(c) substituted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 9(2) (with reg. 28)
F3: Reg. 5(2A) inserted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 9(3) (with reg. 28)

Commencement

I1: Reg. 5 in force at 6.9.1999, see reg. 1(1)