Statutory Instruments 1999 No. 2228
The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 - continued

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SCHEDULE 1
Regulation 2(1)


INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS




PART I

     1. Description of the project, including in particular - 

    (a) a description of the physical characteristics of the whole project and the land-use requirements during the construction and operational phases;

    (b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

    (c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed project.

     2. An outline of the main alternatives studied by the applicant and an indication of the main reasons for his choice, taking into account the environmental effects.

     3. A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets including the architectural and archaeological heritage, landscape and the interrelationship between the above factors.

     4. A description of the likely significant effects of the proposed project on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the project, resulting from - 

    (a) the existence of the project;

    (b) the use of natural resources;

    (c) the emission of pollutants, the creation of nuisances, and the elimination of waste,

and the description by the applicant of the forecasting methods used to assess the effects on the environment.

     5. A description of the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects on the environment.

     6. A non-technical summary of the information provided under paragraphs 1 to 5 above.

     7. An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the applicant in compiling the required information.



PART II

     1. A description of the project comprising information on the site, design and size of the project.

     2. A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.

     3. The data required to identify and assess the main effects which the project is likely to have on the environment.

     4. An outline of the main alternatives studied by the applicant and an indication of the main reasons for his choice, taking into account the environmental effects.

     5. A non-technical summary of the information provided under paragraphs 1 to 4 above.



SCHEDULE 2
Regulation 3(3)


THRESHOLDS FOR IDENTIFICATION OF PROJECTS LIKELY TO HAVE SIGNIFICANT EFFECTS ON THE ENVIRONMENT


Interpretation
     1. For the purposes of this Schedule,

    "National Park" and "Area of Outstanding Natural Beauty" have the meanings in paragraphs (c) and (g) respectively of the next definition;

    "sensitive area" means - 

    (a) land notified under subsection (1) of section 28 (areas of special scientific interest) of the Wildlife and Countryside Act 1981[18];

    (b) land to which subsection (3) of section 29 (nature conservancy orders) of the Wildlife and Countryside Act 1981 applies;

    (c) a National Park within the meaning of the National Parks and Access to the Countryside Act 1949[19];

    (d) the Broads[20];

    (e) a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage[21];

    (f) a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979[22];

    (g) an area of outstanding natural beauty designated as such by an order made by the Countryside Agency, as respects England, or the Countryside Council for Wales, as respects Wales, and duly confirmed, under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to Countryside Act 1949[23];

    (h) a European site within the meaning of regulation 10 of the Conservation (Natural Habitats etc.) Regulations 1994[24].

    "specified threshold" means any threshold specified in hectares in Column 2 or 3 of the Table in paragraph 2 below.

Thresholds
     2.  - (1) For the purposes of regulation 3(3), the threshold for any project of a type specified in an entry in Column 1 in the Table below is the area (if any) specified in the corresponding entry in Column 2 or 3 of the Table, whichever is appropriate to the land covered, or proposed to be covered, by that project.

    (2) This paragraph applies subject to paragraph 3 of this Schedule.


TABLE
Column 1 Column 2 Column 3
Type of project or part of project Threshold where any part of the land is in a sensitive area Threshold where no part of the land is in a sensitive area
Afforestation 2 hectares, where the sensitive area is a National Park or Area of Outstanding Natural Beauty. 5 hectares.
  No threshold in the case of other sensitive areas.  
Deforestation 0.5 hectare, where the sensitive area is a National Park or Area of Outstanding Natural Beauty. 1 hectare.
  No threshold in the case of other sensitive areas.  
Forest road works No threshold. 1 hectare.
Forest quarry works No threshold. 1 hectare.

Thresholds for extending projects
     3.  - (1) Where the project under consideration is an extending project - 

    (a) the thresholds specified in the Table in paragraph 2 above shall not apply, and

    (b) the threshold applicable for that project for the purposes of regulation 3(3) shall be instead such balance (if any), in hectares, of the area specified in Column 2 or, as the case may be, Column 3 in that Table opposite the entry in Column 1 for that type of project as remains after deduction of the accumulated material past project area.

    (2) For the purposes of sub-paragraph (b) above, it is immaterial whether any part of the accumulated material past project area is, or is not, in a sensitive area (or any kind of sensitive area).

    (3) In this paragraph - 

    (a) "extending project" means any project covering, or proposed to cover, land adjoining the area of one or more material past projects

    (b) "material past project", in relation to a particular extending project, means a project which - 

      (i) is of the same type (as specified in regulation 3(2)) as that extending project; and

      (ii) was completed after the coming into force of these Regulations; and

      (iii) was completed not more than five years before the proposed date for starting the work relating to that extending project;

    (c) "accumulated material past project area", in relation to a particular extending project, means the total area covered by - 

      (i) the material past project or, if more than one, all of them; and

      (ii) every other project - 

        (A) whose area adjoins the material past project, or one of them; and

        (B) which satisfies conditions (i) to (iii) in sub-paragraph (b) above.

Consideration of thresholds in other cases where project adjoins or is near another project
     4.  - (1) The facts - 

    (a) that a project is or would be adjoining or, in the opinion of the Commissioners 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 Commissioners 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 Commissioners or (as the case may be) the appropriate Authority, exceptional.



SCHEDULE 3
Regulations 6(2) and 7(5)


PROJECTS HAVING SIGNIFICANT EFFECTS ON THE ENVIRONMENT: SELECTION CRITERIA


     1. Characteristics of projects

The characteristics of projects must be considered having regard, in particular, to:

 -  the size of the project; -  the cumulation with other projects; -  the use of natural resources; -  the production of waste; -  pollution and nuisances; -  the risk of accidents, having regard in particular to substances or technologies used.     2. Location of projects

The environmental sensitivity of geographical areas likely to be affected by projects must be considered, having regard, in particular, to:

 -  the existing land use; -  the relative abundance, quality and regenerative capacity of natural resources in the area; -  the absorption capacity of the natural environment, paying particular attention to the following areas:

     3. Characteristics of the potential impact

The potential significant effects of projects must be considered in relation to criteria set out under headings 1 and 2 above, and having regard in particular to:

 -  the extent of the impact (geographical area and size of the affected population); -  the transfrontier nature of the impact; -  the magnitude and complexity of the impact; -  the probability of the impact; -  the duration, frequency and reversibility of the impact.

SCHEDULE 4
Regulations 15(3), 17(7) and 21(7)


ENVIRONMENTAL FACTORS


    (a) Human beings, fauna and flora;

    (b) soil, water, air, climate and the landscape;

    (c) material assets and the cultural heritage; and

    (d) the interaction between the factors mentioned in paragraphs (a) to (c) above.


EXPLANATORY NOTE

(This note is not part of the Regulations)


The Environmental Assessment (Forestry) Regulations 1998, S.I. 1998/1731, ("the 1998 Regulations") provided for the implementation in relation to forestry projects in Great Britain of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. The present Regulations have been made to implement, for England and Wales, changes made to that Directive by Council Directive 97/11/EC. They also implement for England and Wales the extension of both Directives to the Contracting Parties of the European Economic Area (EEA) under Article 74 and Annex XX paragraph I.1 of the Agreement on the European Economic Area, as given effect by Decision No. 20/1999 of the EEA Joint Committee adopted on 26th February 1999 (not yet published).

These Regulations restate the provisions in the 1998 Regulations with revisions and amendments, and the 1998 Regulations are therefore revoked with respect to England and Wales.

Regulation 2 defines terms used in the Regulations. As in the 1998 Regulations, there is a prohibition on carrying out any work or operations in relation to a project which is a "relevant project" (as defined) unless consent has been obtained from the Forestry Commissioners or, on appeal, the "appropriate Authority". Following devolution to Wales, the appropriate Authority is now defined as, in England, the Minister of Agriculture, Fisheries and Food and, in Wales, the National Assembly for Wales. A further new provision gives the Forestry Commissioners power, in accordance with Directive 85/337/EEC, as amended, to exempt particular projects from the application of the Regulations (regulation 4).

"Relevant project" is defined in regulation 3 as one of four types of project relating to forestry which does not constitute development regulated by the legislation on town and country planning but which is likely to have substantial effects on the environment. In a new provision, a project which covers an area falling within certain thresholds specified in Schedule 2 to the Regulations is to be treated as not likely to have substantial effects on the environment. However, the Commissioners or the appropriate Authority have power to treat such a project as a relevant project requiring consent where, in their opinion, exceptional circumstances make it likely that the project will have substantial effects on the environment (regulations 6(3) and 7(6)).

A person who proposes to carry out a project may apply to the Commissioners for an opinion as to whether the project is a relevant project. If dissatisfied with that opinion, or if no opinion is given, he may apply to the appropriate Authority for a direction on the issue. In determining that issue account must be taken of the environmental criteria set out in Schedule 3. A new provision enables the Commissioners or the Authority to issue an opinion or direction without receiving an application. An opinion or direction that the project is not a relevant project will lapse if the project is not completed within five years (regulations 5 to 8).

The proposer of a project may also seek an opinion from the Commissioners as to the information that should be included in the environmental statement attached to an application for consent (see below), and if they fail to give an opinion may seek a direction from the appropriate Authority (regulation 9).

Applications to the Commissioners for consent for a relevant project must be accompanied by an environmental statement which must contain the information required by Schedule 1 to the Regulations. The Commissioners may request further information from the applicant and other bodies holding relevant information are also required to make it available. There are requirements to publish the application and any further information and to invite representations. Where it appears that the project may be likely to have significant effects on the environment in another State in the European Economic Area, provision is made for the authorities of that State to be consulted before a decision is made. In making their decision, the Commissioners are required to have regard to the environmental statement and the direct and indirect effects on environmental factors specified in Schedule 4. Their decision must be notified in writing (regulations 10 to 16).

Where consent is refused the person proposing the project may appeal to the appropriate Authority (regulation 17). There is a requirement that any consent granted by the Commissioners or the appropriate Authority be subject to specified conditions (regulation 18). Where consent is granted an aggrieved person has a right of complaint to the High Court if he believes that the grant of consent was contrary to the Regulations (regulation 19).

The Commissioners are given powers to serve enforcement notices where relevant projects are carried out without consent or in breach of conditions. The person served with such a notice may appeal to the appropriate Authority. Penalties are specified for breach of an enforcement notice. A power of entry and certain default powers are conferred on officers authorised by the Commissioners to enable enforcement (regulations 20 to 23).

At each of their Conservancy offices in England and Wales, the Forestry Commissioners are required to keep a register of opinions, directions and determinations for public inspection (regulation 24).

Transitional provisions apply, including treatment of certain ongoing applications, appeals etc. under the 1998 Regulations as if they had been made under these Regulations (regulation 25).

A Regulatory Impact Appraisal has been prepared in relation to these Regulations. It has been placed in the Library of each House of Parliament and copies may be obtained from Country Services Division, Forestry Commission, 231 Corstorphine Road, Edinburgh EH12 7AT (Telephone 0131 314 6324).

Notes:

 [18] 1981 c.69, amended by the Wildlife and Countryside (Amendment) Act 1985 (c.31), the Wildlife and Countryside (Service of Notices) Act 1985 (c.59), the Norfolk and Suffolk Broads Act 1988 (c.4) and the Planning (Consequential Provisions) Act 1990 (c.11).back

[19] 1949 c.97. Relevant amendments were made by the Environment Act 1995 (c.25), Schedule 10, paragraph 2.back

[20] See the Norfolk and Suffolk Broads Act 1988 (c.4).back

[21] See Command Paper 9424.back

[22] 1979 c.46. See the definition in section 1(11).back

[23] 1949 c.97. Section 87 was amended by paragraph 1(12) of Schedule 8 to the Environmental Protection Act 1990 (c.43).back

[24] S.I. 1994/2716.back

[25] OJ No. L103, 25.4.1979, p.1.back

[26] OJ No. L206, 22.7.1992, p.7.back


ISBN 0 11 085135 8


 

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Prepared 27 August 1999