The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019

Amendments to the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

3.—(1) The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999(1) are amended as follows.

(2) In regulation 2(1), for the definition of “EU environmental assessment” substitute—

““EU environmental assessment” means an assessment of the effect of anything on the environment carried out under retained EU law other than any law of any part of the United Kingdom that implemented the Directive;”;

(3) In regulation 3B—

(a) in paragraph (7)(d), for the words after “risk of failing,” to the end, substitute “the environmental objectives set for them under the WFD Regulations due to acidification;”;

(b) the second paragraph numbered as paragraph (9) is renumbered as paragraph (10);

(c) in the second paragraph numbered as paragraph (9), after sub-paragraph (a) insert—

“(b) “environmental objectives” means—

(i) in relation to the Solway Tweed River Basin District, the objectives as defined in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004(2);

(ii) in relation to the Northumbria River Basin District, the objectives referred to in the WFD Regulations as applied and modified by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003(3);

(iii) in relation to any other river basin district, as defined in WFD Regulations, the same as in those regulations;”;

(d) after the second paragraph numbered as paragraph (9) insert—

“(11) In paragraphs (7) and (10), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017(4).”.

(4) In regulation 4B(1)(d), for “another” substitute “an”.

(5) In regulation 14—

(a) in the heading, for “another” substitute “an”;

(b) in paragraph (1), for “another”, in both places it occurs, substitute “an”;

(c) in paragraph (2), for “another”, in both places it occurs, substitute “an”;

(d) in paragraph (3)(a), for “another” substitute “an”;

(e) in paragraph (5)(a), for “referred to in Article 6(1) of the Directive” substitute “which the EEA State designated to be consulted about the project”;

(f) in paragraph (6)—

(i) omit “in accordance with Article 7(4) of the Directive”;

(ii) in sub-paragraph (b), omit “other”.

(6) In Schedule 1, in Part 1—

(a) in paragraph 6, for “established at Union or member State level” substitute “in retained EU law or under the law of any part of the United Kingdom”;

(b) in paragraph 9—

(i) for “legislation such as” substitute “retained EU law such as any law that implemented”;

(ii) after “requirements of” insert “any law that implemented”.

(c) In Schedule 4, in paragraph (b), after the word “under” insert “any law of any part of the United Kingdom that implemented”.

(1)

S.I. 1999/2228; relevant amending instruments are S.I. 2006/3106, 2013/755 (W. 90) and 2017/592.

(2)

S.I. 2004/99, amended by S.I. 2016/139.

(3)

S.I. 2003/3245; relevant amending instruments are S.I. 2016/139 and 2017/407.

(4)

S.I. 2017/407, to which there are amendments not relevant to these Regulations.