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The Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999

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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 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.

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