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The Environmental Assessment (Forestry) Regulations 1998

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Directions by the Minister

6.—(1) Where the Commissioners give notice of their 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 apply in writing to the Minister for a direction on the matter.

(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 4(1) and any document supplied to the Commissioners by the proposer in connection with that application; and

(b)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 Minister considers that the documents supplied to him under paragraph (2) above do not provide him with sufficient information to enable him to give a direction –

(a)he shall notify the proposer in writing of the matters on which he requires further information; and

(b)he may seek further information on those matters from the Commissioners and the Commissioners shall supply that further information to the Minister if it is in their possession.

(4) The Minister shall give a direction within 28 days (or such longer period as he reasonably may require) beginning with –

(a)the date of receipt of the application under paragraph (1) above; or

(b)where he notifies the applicant or the Commissioners under paragraph (3) above that he requires further information, the date of receipt by the Minister of that information.

(5) In giving his direction, the Minister shall in particular have regard to the nature, size and location of the proposed project.

(6) The Minister shall provide the proposer and the Commissioners with a written statement of his direction including, where he directs that the project is or would be a relevant project, his reasons for so directing.

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