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Environmental Assessment (Forestry) Regulations (Northern Ireland) 1998

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Request to the Department to reconsider its opinion

6.—(1) Where the Department gives notice of its opinion in relation to any application under regulation 4(1) or in accordance with regulation 5(4) and the opinion is that a project is or would be a relevant project, the proposer may request the Department in writing to reconsider its opinion.

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

(a)any application by the proposer to the Department under regulation 4(1) and any document supplied to the Department by the proposer in connection with that application; and

(b)the opinion of the Department and any written statement of the reasons which it provided with it,

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

(3) Where the Department considers that the documents supplied to it under paragraph (2) do not provide it with sufficient information to enable it to reconsider its opinion, it shall notify the proposer in writing of the matters on which it requires further information and the proposer shall forthwith supply that information if it is available to him.

(4) Upon receipt of an application under paragraph (1), the Department shall reconsider the opinion to which it relates and within 28 days of—

(a)the date of receipt of the application; or

(b)where it notifies the applicant under paragraph (3) that it requires further information, the date of receipt by the Department of that information,

it shall notify the applicant of its decision in relation thereto.

(5) In reconsidering its opinion in pursuance of paragraph (4), the Department shall in particular have regard to the nature, size and location of the project to which the opinion relates.

(6) After reconsidering its opinion in pursuance of paragraph (4) the Department may—

(a)affirm that opinion; or

(b)substitute therefor such other opinion as seems to it to be appropriate in the circumstances.

(7) The Department shall provide an applicant under paragraph (1) with a written statement of the decision it has reached in relation to his application under paragraph (6) including, where it substitutes for an earlier opinion a new opinion that the project to which the application relates is or would be a relevant project, its reasons for so deciding.

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