Resource information
The present Regulations implement, for Scotland, changes made to Council Directive 85/337/EC, implemented by the 1998 Regulations, made by Council Directive 97/11/EC. They also implement 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 Scottish Ministers. A further 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 as one of four types of project relating to forestry which does not constitute development regulated by the legislation on town and country planning but which is likely to have substantial effects on the environment. In a new provision, a project which covers an area falling below certain thresholds specified in Schedule 2 to the Regulations is to be treated as not likely to have substantial effects on the environment. However, the Commissioners or the Scottish Ministers have power to treat such a project as a relevant project requiring consent where, in their opinion, exceptional circumstances make it likely that the project will have substantial effects on the environment. 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. An opinion or direction that the project is not a relevant project will lapse if the project is not completed within five years (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. Where it appears that the project may be likely to have significant effects on the environment in another State of the European Economic Area, provision is made for the authorities of that State to be consulted before a decision is made. In making their decision, the Commissioners are required to have regard to the environmental statement and the direct and indirect effects on environmental factors specified in Schedule 4. 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 Scottish Ministers. Penalties are specified for breach of an enforcement notice.
Repealed by: Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. No. 113 of 2017). (2017-04-11)
Repeals: Environmental Assessment (Forestry) Regulations 1998 (No. 1731 of 1998). (1988-09-01)
