Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 (S.I. No. 2228 of 1999).

The Environmental Assessment (Forestry) Regulations 1998, S.I. provided for the implementation in relation to forestry projects in Great Britain of Council Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment. The present Regulations have been made to implement, for England and Wales, changes made to that Directive by Council Directive 97/11/EC. They also implement for England and Wales the extension of both Directives to the Contracting Parties of the European Economic Area (EEA) under Article 74 and Annex XX paragraph I.1 of the Agreement on the European Economic Area, as given effect by Decision No. 20/1999 of the EEA Joint Committee adopted on 26th February 1999. As in the 1998 Regulations, there is a prohibition on carrying out any work or operations in relation to a project which is a "relevant project" unless consent has been obtained from the Forestry Commissioners or, on appeal, the "appropriate Authority". A new provision gives the Forestry Commissioners power, in accordance with Directive 85/337/EC, as amended, to exempt particular projects from the application of the Regulations (reg. 4). "Relevant project" is defined in regulation 3. A person who proposes to carry out a project may apply to the Commissioners for an opinion as to whether the project is a relevant project (regs. 5 to 8). Applications to the Commissioners for consent for a relevant project must be accompanied by an environmental statement which must contain the information required by Schedule 1 to the Regulations. The Commissioners may request further information from the applicant and other bodies holding relevant information are also required to make it available. There are requirements to publish the application and any further information and to invite representations. Where it appears that the project may be likely to have significant effects on the environment in another State in the European Economic Area, provision is made for the authorities of that State to be consulted before a decision is made. The Commissioners are given powers to serve enforcement notices where relevant projects are carried out without consent or in breach of conditions. The person served with such a notice may appeal to the appropriate Authority. Penalties are specified for breach of an enforcement notice.