Regulation 7 Directions by the appropriate AuthorityI1

England and Wales

(1)

The proposer may apply in writing to the appropriate Authority for a direction whether a project is a relevant project where—

(a)

F1the appropriate forestry body give notice of their opinion under regulation 6(1) or regulation 6(5) that the project is or would be a relevant project; or

(b)

the appropriate forestry body fail to give notice of their opinion within the period of time required by regulation 6(1).

(2)

An application under paragraph (1) above shall be accompanied by, or by copies of—

(a)

any application by the proposer to the appropriate forestry body under regulation 5(1) and any documents supplied to the appropriate forestry body by the proposer in connection with that application; and

(b)

in a case falling within paragraph (1)(a) above, the opinion of the appropriate forestry body and any written statement of reasons which they provided with it,

and may include such further information or representations as the proposer may wish to provide or make.

(3)

Where the appropriate Authority considers that the documents supplied under paragraph (2) above do not provide sufficient information to enable a direction to be given, the appropriate Authority—

(a)

shall notify the proposer in writing of the matters on which further information is required, and

(b)

may seek further information on those matters from the appropriate forestry body and the appropriate forestry body shall supply that further information to the appropriate Authority if it is in their possession.

(4)

The appropriate Authority shall give a direction within 28 days (or such longer period as the appropriate Authority may reasonably require) beginning with—

(a)

the date of receipt of the application under paragraph (1) above; or

(b)

where the appropriate Authority has required or sought further information under paragraph (3) above, the date of receipt by the appropriate Authority of that information.

(5)

Subject to paragraph (6), in considering, for the purpose of deciding on a direction, whether the project is likely to have significant effects on the environment, the appropriate Authority shall take into account the selection criteria in Schedule 3.

F2(6)

In a case where, in accordance with—

(a)

regulations 3A and 3B and paragraph 1A of Schedule 2, in relation to England, or

(b)

paragraph 2 of Schedule 2, in relation to Wales,

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

(7)

The appropriate Authority shall provide the proposer and the appropriate forestry body with a written statement of the direction including, where the direction is that the project is or would be a relevant project, the reasons for this direction.

(8)

The appropriate Authority may of its own motion give a direction whether or not a project is or would be a relevant project and where a direction is given under this paragraph—

(a)

a written statement of the direction shall be provided to the appropriate forestry body and to any person who reasonably appears to the appropriate Authority to be the proposer, and

(b)

paragraphs (5), (6) and (7) of this regulation shall apply as they do to a direction given in relation to an application under paragraph (1).

(9)

In paragraph (6), the reference to circumstances which are, in the opinion of the appropriate Authority, exceptional shall be construed in accordance with paragraph 4 of Schedule 2.

Annotations

Textual amendments

F1: Words in reg. 7 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 103 (with Sch. 7)
F2: Reg. 7(6) substituted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 11 (with reg. 28)

Commencement

I1: Reg. 7 in force at 6.9.1999, see reg. 1(1)