Regulation 9 Request as to the information to be included in an environmental statementI1
England and Wales
F3... Before a determination has been made whether the project is or would be a relevant project, the appropriate forestry body shall deal with the request on the assumption that the project is a relevant project.
Before giving an opinion under paragraph (1) above, the appropriate forestry body shall consult the proposer, the countryside bodies and any relevant local authority.
The appropriate forestry body shall, within a period of five weeks beginning with the date of the receipt of the request or such longer period as may be agreed in writing with the proposer, give their opinion under paragraph (1) above and shall send a copy to the proposer.
Where the appropriate forestry body fail to give their opinion under paragraph (1) above within the relevant period, the proposer may request the appropriate Authority to make a direction as to the information to be contained in the environmental statement required for the project.
Before making a direction under paragraph (5) above, the appropriate Authority shall consult the proposer, the countryside bodies and any relevant local authority.
The appropriate Authority shall, within a period of five weeks beginning with the date of the receipt of the request or such longer period as may be required for the purpose, make a direction under paragraph (5) above and shall send a copy to the proposer and to the appropriate forestry body.
In paragraphs (3) and (6), “relevant local authority” means a local authority for the area in which it is proposed to carry out the project which appears to the appropriate forestry body or, as the case may be, the appropriate Authority to have an interest in the issue of what information the environmental statement should contain.
Annotations
Textual amendments
- F1
Words in regs. 9-15 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
Words in reg. 9(1) inserted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 12(2) (with reg. 28)
- F3
Words in reg. 9(2) omitted (16.5.2017) by virtue of The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 12(3) (with reg. 28)
Commencement
- I1
Reg. 9 in force at 6.9.1999, see reg. 1(1)