The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 No. 113

SCHEDULE 1 THRESHOLDS FOR THE IDENTIFICATION OF PROJECTS LIKELY TO HAVE SIGNIFICANT EFFECTS ON THE ENVIRONMENT

Exceptional circumstances in relation to forestry projects near to or adjoining other projects

6.—(1) Subject to sub-paragraph (2) and for the purposes of regulation 11(2) and (8), the circumstances of a forestry project may be regarded by the Commissioners (or as the case may be, by the Scottish Ministers) as exceptional circumstances where the forestry project in question—

(a) is, in the opinion of the Commissioners or, as the case may be, the Scottish Ministers, adjoining or near to the area of another forestry project of any type; and

(b) does not, for whatever reason, fall within the scope of paragraph 4 or 5.

(2) This paragraph—

(a) does not affect the application of regulation 11(2) in relation to forestry projects which are within the scope of paragraph 4 or 5; and

(b) does not limit the generality of the circumstances which may be regarded by the Commissioners or, as the case may be, by the Scottish Ministers, as exceptional circumstances.