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Paragraph 4 Consideration of thresholds in other cases where project adjoins or is near another projectI1

England and Wales

(1)

The facts—

(a)

that a project is or would be adjoining or, in the opinion of F1the appropriate forestry body or (as the case may be) the appropriate Authority, near another project of any type specified in regulation 3(2), and

(b)

that, for any reason, the case in question does not fall within paragraph 3 above,

may be regarded by the appropriate forestry body or Authority as rendering the circumstances of that project exceptional for the purposes of regulation 6(3) or (as the case may be) 7(6).

(2)

This paragraph—

(a)

shall not affect the application of those regulations in a case which does fall within paragraph 3, and

(b)

shall not be interpreted as limiting the generality of the references in those regulations to circumstances which are, in the opinion of the appropriate forestry body or (as the case may be) the appropriate Authority, exceptional.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 4 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 111(3) (with Sch. 7)

Commencement

I1

Sch. 2 para. 4 in force at 6.9.1999, see reg. 1(1)

Notes on Schedule 2

Textual amendments

F1

Word in Sch. 2 heading substituted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 24(2) (with reg. 28)

F2

Words in Sch. 2 heading substituted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 8(7)