Regulation 6 Opinions of the appropriate forestry bodyF8I1

Where the proposer applies to the appropriate forestry body under regulation 5, they shall give to the proposer written notice of their opinion within 28 days beginning with—

In exceptional cases, where the nature, complexity, location or size of the project demands a longer period to reach an opinion, the appropriate forestry body may extend the deadline in paragraph (1), informing the proposer in writing of the reasons justifying the extension and of the date on which their opinion is expected.

Where a proposer applies for a grant from the appropriate forestry body or the National Forest Company for the purposes of the project and the application is accompanied by the information referred to in regulation 5(2), the appropriate forestry body may treat that grant application as an application for an opinion under regulation 5 and as an exceptional case for the purposes of paragraph (1A).

Subject to paragraph (3), in considering, for the purpose of forming their opinion, whether the project is likely to have significant effects on the environment, F4the appropriate forestry body shall take into account the selection criteria in Schedule 3 F5and the results of any relevant EU environmental assessment which are reasonably available to the appropriate forestry body.

In a case where, in accordance with—

the project is to be treated as being unlikely to have significant effects on the environment, the appropriate forestry body shall form their opinion in accordance with regulation 3(3) to (5) except where, in their opinion, there are exceptional circumstances which, taking account of the selection criteria in Schedule 3, make it likely that the project will have significant effects on the environment.

Where the opinion of the appropriate forestry body is that the project is a relevant project, the appropriate forestry body shall include in or provide with their opinion a written statement of their reasons for being of that opinion.

Where the opinion of the appropriate forestry body is that a project is not a relevant project, the appropriate forestry body shall state—

The appropriate forestry body may of their own motion give their opinion whether or not a project is or would be a relevant project and where they give an opinion under this paragraph—

In paragraph (3), the reference to circumstances which are, in the opinion of the appropriate forestry body, exceptional shall be construed in accordance with paragraph 4 of Schedule 2.