The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017

New regulations 3A and 3B

6.  After regulation 3, insert—

Prior basic notification to the appropriate forestry body

3A.— (1) This regulation applies to a proposed afforestation project in England covering an area of land—

(a) which extends to more than 2, but no more than 5, hectares; and

(b) no part of which is in a sensitive area.

(2) Where this regulation applies to a project, its proposer must send notification of its proposal (“prior basic notification”) to the appropriate forestry body.

(3) The proposer’s prior basic notification must include—

(a) a description of the proposal for the project;

(b) a map or plan sufficient to identify the land that is the subject of the proposed project (including its boundaries); and

(c) information about the proposer and any agent or manager of the proposer with authority to act on behalf of the proposer in respect of the project.

(4) Where the appropriate forestry body receive prior basic notification in respect of a project, they may, within the period of 28 days beginning with the day on which they receive the notification, request further information from the proposer in respect of that project.

(5) Where the appropriate forestry body receive—

(a) prior basic notification in respect of a project, and

(b) any further information requested under paragraph (4),

they must assess whether the project is likely to have significant effects on the environment.

(6) Where the appropriate forestry body do not, within the relevant period, notify the proposer in writing that, according to their assessment, the project is likely to have significant effects on the environment, the proposer may conclude that the project is to be treated as being unlikely to have significant effects on the environment for the purposes of regulation 3(1)(b).

(7) A proposer who applies for a grant from the appropriate forestry body or from the National Forest Company for the purposes of a proposed project of the kind described in paragraph (1)—

(a) is not required to send prior basic notification to the appropriate forestry body in respect of the project to which the grant relates; and

(b) where the appropriate forestry body or the National Forest Company offer a grant to the proposer, may conclude that the project to which the grant relates is to be treated as being unlikely to have significant effects on the environment.

(8) In paragraph (1), “sensitive area” has the same meaning as in Schedule 2.

(9) In paragraph (6), the “relevant period” means a period of 28 days beginning with—

(a) the day on which the appropriate forestry body receive prior basic notification in respect of the project; or

(b) where the appropriate forestry body have requested further information under paragraph (4), the day on which the body receive that information pursuant to that paragraph.

Prior full notification to the appropriate forestry body

3B.— (1) This regulation applies to a proposed afforestation project in England covering an area of land which—

(a) extends to more than 5, but no more than 50, hectares; and

(b) is in a low-risk area.

(2) Where this regulation applies to a project, its proposer must send notification of its proposal (“prior full notification”) to the appropriate forestry body.

(3) The proposer’s prior full notification must include—

(a) a description of the proposals for the project, including evidence that the proposals are consistent with good forestry practice;

(b) information about the land which the project covers or affects, including a map or plan sufficient to identify the land and its boundaries, habitats and water features;

(c) evidence that the proposer has consulted on the project with the person responsible for maintaining the Local Environment Records for the area and with—

(i) in respect of the possible impact of the project on any water features, the Environment Agency;

(ii) in respect of the possible impact of the project on the landscape, the relevant local authority;

(iii) in respect of the possible impact of the project on the historic environment, the person responsible for maintaining the Historic Environment Records for the area; and

(d) information about the proposer and any agent or manager of the proposer with authority to act on behalf of the proposer in respect of the project.

(4) Where the appropriate forestry body receive prior full notification in respect of a project, they may, within the period of 42 days beginning with the day on which they receive that notification, request further information from the proposer in respect of that project.

(5) Where the appropriate forestry body receive—

(a) prior full notification in respect of a project, and

(b) any further information requested under paragraph (4),

they must assess whether the project is likely to have significant effects on the environment.

(6) Where the appropriate forestry body do not, within the relevant period, notify the proposer in writing that, according to their assessment, the project is likely to have significant effects on the environment, the proposer may conclude that the project is to be treated as being unlikely to have significant effects on the environment for the purposes of regulation 3(1)(b).

(7) In paragraph (1), a “low-risk area” means an area of land any part of which is not—

(a) in a sensitive area;

(b) land where the level of peat in the ground is equal to or greater than 50 centimetres in depth;

(c) identified as an Important Bird Area by the Royal Society for the Protection of Birds, in its role as a BirdLife Partner to BirdLife International(1);

(d) identified as affecting water bodies failing, or at risk of failing, due to acidification for the purposes of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy(2);

(e) a nature reserve established by a local authority under section 21(1) of the National Parks and Access to the Countryside Act 1949(3);

(f) common land;

(g) the subject of a commitment under Article 28 of Regulation (EU) 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005(4);

(h) land classified as “the best and most versatile agricultural land” according to the Agricultural Land Classification(5);

(i) a habitat of the type in the list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006(6), as being, in the opinion of the Secretary of State, of principal importance for the purpose of conserving biodiversity;

(j) registered as a battlefield in the Register of Historic Battlefields held by the Historic Buildings and Monuments Commission for England;

(k) registered as a park or garden under section 8C of the Historic and Ancient Monuments Act 1953(7).

(8) In paragraph (3)(c)(ii), “relevant local authority” means the local authority for the area in which it is proposed to carry out the project.

(9) In paragraph (6), the “relevant period” means a period of 42 days beginning with—

(a) the day on which the appropriate forestry body receive prior full notification in respect of the project; or

(b) where the appropriate forestry body have requested further information under paragraph (4), the day on which that information is received pursuant to that paragraph.

(9) In paragraph (7)—

(a) “common land” means—

(i) land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006(8); and

(ii) land to which Part 1 of that Act does not apply and which is subject to rights of common within the meaning of that Act;

(c) “sensitive area” has the same meaning as in Schedule 2;

(d) “water features” includes boreholes, wells, adits, springs, seepage and wetland areas, ponds, lakes and watercourses;

(e) “watercourses” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.”.

(1)

Important Bird Areas are mapped by the Royal Society for the Protection of Birds. The maps can be found at http://www.magic.gov.uk/.

(2)

OJ No L 327, 22.12.2000, p. 1.

(3)

1949 c. 97. Section 21(1) was amended by paragraph 15(e) of Part 1 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16).

(4)

OJ No L 347, 20.12.2013, p. 487 as last amended by Commission Delegated Regulation (EU) 2016/142.

(5)

A description of land classified as “the best and most versatile agricultural land” can be found at: publicationsnaturalengland.org.uk/file/4424325

(6)

2006 c. 16.

(7)

1953 c. 49. Section 8C was inserted by section 33 of, and Schedule 4 to, the National Heritage Act 1983 (c. 47).

(8)

2006 c. 26.