Statutory Instrument 1999 No. 2228

The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

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© Crown Copyright 1999

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(a) where the land is situated in England, the Countryside Agency[5] and the Nature Conservancy Council for England[6],

(b) where the land is situated in Wales, the Countryside Council for Wales[7]; and

(c) where the land is situated in England or Wales, the Environment Agency[8];

"deforestation" means deforestation for the purposes of conversion to another type of land use (which terms have the same meaning as in paragraph 1(d) of Annex II to the Directive);

"development" means development within the meaning of section 55 of the Town and Country Planning Act 1990[9];

"the Directive" means Council Directive 85/337/EEC[10] on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 97/11/EC[11];

"EEA State" means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed in Brussels on 17th March 1993;

"environmental information" means information in the environmental statement and any other information provided in accordance with these Regulations in relation to an application for consent or an appeal under regulation 17 or 21 relating to the likely environmental effects of the project which is the subject of the application or, as the case may be, appeal;

"environmental statement" means a statement - 

(a) that includes such of the information referred to in Part I of Schedule 1 as is reasonably required to assess the environmental effects of the project and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but

(b) that includes at least the information referred to in Part II of Schedule 1;

"forest quarry works" means operations on land used or to be used for the purposes of forestry, or on land held or occupied with that land, to obtain the materials required for forest road works;

"forest road works" means the formation, alteration or maintenance of private ways on land used or to be used for the purposes of forestry;

"project" means the execution of construction works or of other installations or schemes or other intervention in the natural surroundings or landscape including those involving the extraction of mineral resources;

"proposer" means person who proposes to carry out a project;

"relevant project" shall be construed in accordance with regulation 3 below.

    (2) In these regulations, any reference to an enforcement notice shall be construed as including, as the context requires, a reference to a notice of variation under regulation 20(6)(a) or to an enforcement notice as so varied.

    (3) Any reference in these Regulations (other than regulation 22) to consent is a reference to the consent of the Commissioners required by regulation 4, and - 

(a) (where the context permits) includes consent by the appropriate Authority on an appeal under regulation 17; and

(b) in regulations 4 and 20 to 23 includes (in accordance with regulation 25(9)) consent granted under the Environmental Assessment (Forestry) Regulations 1998[12].

    (4) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

Interpretation of "relevant project"
     3.  - (1) For the purposes of these Regulations, a project is a relevant project if - 

(a) it is a project of a type specified in paragraph (2) of this regulation;

(b) subject to paragraph (3) of this regulation, it is likely, by virtue of factors such as its nature, size or location, to have significant effects on the environment; and

(c) the carrying out of the project - 


(i) does not involve development, or

(ii) involves development in England and Wales which is not mentioned in Schedule 1 to or in column 1 of the table in Schedule 2 to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999[13], or

(iii) involves development in England and Wales for which planning permission is granted by Part 7 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995[14].

    (2) The types of project referred to in paragraph (1)(a) of this regulation are - 

(a) afforestation;

(b) deforestation;

(c) forest road works;

(d) forest quarry works.

    (3) For the purposes of paragraph (1)(b) of this regulation, and subject to regulations 6(3) and 7(6), a project shall be taken not to be likely to have significant effects on the environment if the area covered, or to be covered, by the project does not exceed any relevant threshold set out in Schedule 2.

Restriction on relevant projects
     4.  - (1) Subject to paragraph (2) below, no person shall carry out, on any land, work or operations relating to a relevant project unless - 

(a) consent has been granted for that project by the Commissioners or by the appropriate Authority, and

(b) the project is carried out in accordance with the consent (including the conditions to which the consent is subject).

    (2) In accordance with Article 2(3) of the Directive, the Commissioners may direct that a particular project is exempted from the application of these Regulations.

    (3) A direction under paragraph (2) shall be in writing and shall be accompanied by a statement of the Commissioners' reasons for making it.

    (4) No direction shall be made under paragraph (2) above where it appears to the Commissioners that the project would be likely to have significant effects on the environment in another EEA State.

Application for an opinion whether a project is a relevant project
     5.  - (1) The proposer may apply in writing to the Commissioners 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,

(b) a brief description of the nature of the proposed project and of its possible effects on the environment, and

(c) such further information or representations as the proposer may wish to provide or make.

    (3) The Commissioners 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 Commissioners within such period as the Commissioners reasonably may require or such other period as may be agreed in writing between the Commissioners and the proposer.

Opinions of the Commissioners
     6.  - (1) Where the proposer applies to the Commissioners under regulation 5, they shall give to the proposer written notice of their opinion within - 

(a) 28 days beginning with the date of their receipt of the application or, where they notify the proposer under regulation 5(3) that they require further information, the date of their receipt of that information; or

(b) such longer period as may be agreed in writing between the Commissioners and the proposer.

    (2) 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, the Commissioners shall take into account the selection criteria in Schedule 3.

    (3) In a case where the project does not exceed any relevant threshold set out in Schedule 2, the Commissioners shall form their opinion in accordance with regulation 3(3) 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.

    (4) Where the opinion of the Commissioners is that the project is a relevant project, the Commissioners shall include in or provide with their opinion a written statement of their reasons for being of that opinion.

    (5) The Commissioners 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 - 

(a) they shall give written notice of their opinion to any person who reasonably appears to them to be the proposer, and

(b) paragraphs (2), (3) and (4) of this regulation shall apply as they do to an opinion given in relation to an application under regulation 5(1).

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

Directions by the appropriate Authority
     7.  - (1) The proposer may apply in writing to the appropriate Authority for a direction whether a project is a relevant project where - 

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

(b) in a case falling within paragraph (1)(a) above, the opinion of the Commissioners 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 Commissioners and the Commissioners 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.

    (6) In a case where the project does not exceed any relevant threshold set out in Schedule 2, the appropriate Authority shall make its decision in accordance with regulation 3(3) except where, in its 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.

    (7) The appropriate Authority shall provide the proposer and the Commissioners 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 Commissioners 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.

Effect of directions and opinions
     8.  - (1) This paragraph applies to a direction given under regulation 7 that a project is not or would not be a relevant project or, in the absence of a direction under that regulation, to an opinion given under regulation 6 to that effect.

    (2) A direction or opinion to which paragraph (1) above applies - 

(a) shall have the effect of determining for the purpose of these Regulations that the project specified in the direction or opinion (but only that project) is not or would not be a relevant project; but

(b) shall cease to have effect (without prejudice to the availability of a further direction or opinion) on the expiry of - 


(i) the period of five years beginning with the date on which the direction or opinion is given, or

(ii) such shorter period as may be specified in the direction or opinion,

if the work relating to the project has not been completed within that period.

    (3) This paragraph applies to a direction given under regulation 7 that a project is or would be a relevant project or, in the absence of a direction under that regulation, to an opinion given under regulation 6 to that effect.

    (4) A direction or opinion to which paragraph (3) applies shall have the effect of determining for the purposes of these Regulations that the project specified in the direction or opinion is or would be a relevant project.

Request as to the information to be included in an environmental statement
     9.  - (1) Before applying for consent to carry out work in relation to a project, a proposer may request the Commissioners to give their opinion as to the information to be contained in the environmental statement required for that project.

    (2) Where a proposer requests an opinion under paragraph (1) above before a determination has been made whether the project is or would be a relevant project, the Commissioners shall deal with the request on the assumption that the project is a relevant project.

    (3) Before giving an opinion under paragraph (1) above, the Commissioners shall consult the proposer, the countryside bodies and any relevant local authority.

    (4) The Commissioners 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.

    (5) Where the Commissioners 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.

    (6) Before making a direction under paragraph (5) above, the appropriate Authority shall consult the proposer, the countryside bodies and any relevant local authority.

    (7) 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 Commissioners.

    (8) 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 Commissioners or, as the case may be, the appropriate Authority to have an interest in the issue of what information the environmental statement should contain.

Applications for consent
     10.  - (1) An application for consent shall be made in writing to the Commissioners and shall be accompanied by - 

(a) a map or plan sufficient to identify the land on which the relevant project would be carried out and the extent of any planting, regeneration, construction, works or operations;

(b) a description of the nature of the relevant project;

(c) an environmental statement in respect of the relevant project; and

(d) a copy of the notice to be published in accordance with regulation 13(1).

    (2) An applicant for consent shall supply to the Commissioners such number of copies of the application and the documents accompanying it as the Commissioners reasonably may require.

Provision of further information
     11. Where in the opinion of the Commissioners - 

(a) further information is reasonably required for their proper consideration of the likely environmental effects of the relevant project to which an application for consent relates; and

(b) the applicant could (having regard in particular to current knowledge and methods of assessment) provide such information,

the Commissioners shall notify the applicant in writing of the matter on which they require further information and the applicant shall provide that further information.

Assistance in preparation of environmental statements
     12.  - (1) Subject to paragraphs (2) and (3) below, the Commissioners, each of the countryside bodies or any local authority for the area in which it is proposed to carry out the project shall, if requested by an applicant for consent, and may without such a request, enter into consultation with an applicant for consent to determine whether the Commissioners, the countryside body or the local authority have in their possession any information which may be relevant to the preparation of the environmental statement and if the Commissioners, the countryside body or local authority have such information, they shall make it available to the applicant.

    (2) Paragraph (1) above shall not require disclosure of information which is capable of being treated as confidential, or must be so treated, under regulation 4 of the Environmental Information Regulations 1992[15].

    (3) Paragraph (1) above shall not prevent the Commissioners or a countryside body imposing a charge reflecting the cost of making the information available (including for the identification, preparation and copying of any information) or making the payment of such a charge a condition of providing the information.

[2] 1972 c.68. The enabling powers conferred by section 2(2) were extended by virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c.51).back

[3] OJ No. L175, 5.7.85, p.40.back

[4] OJ No. L73, 14.3.97, p.5.back

[5] See section 1(1) of the National Parks and Access to the Countryside Act 1949 (c.97) as substituted by the Environmental Protection Act 1990 (c.43), section 130 and Schedule 8 paragraph 1(2), and the Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999 (S.I. 1999/416), article 3 and Schedule 1 paragraph 1(2).back

[6] See section 128 of the Environmental Protection Act 1990 (c.43).back

[7] See sections 128 and 130 of the Environmental Protection Act 1990.back

[8] See section 1(1) of the Environment Act 1995 (c.25).back

[9] 1990 c.8.back

[10] OJ No. L175, 5.7.85, p.40.back

[11] OJ No. L73, 14.3.97, p.5.back

[12] S.I. 1998/1731.back

[13] S.I. 1999/293.back

[14] S.I. 1995/418, to which there are amendments which are not relevant to these Regulations.back

[15] S.I. 1992/3240, amended by S.I. 1998/1447.back