Joint Committee on Statutory Instruments Forty-Sixth Report


Memorandum by the Forestry Commission


The Committee has asked for a memorandum on the following point:

  Regulation 6(1) enables the person proposing to carry out a project to apply to the Minister for a "direction on the matter". Explain what the matter (or issue) is which would be the subject matter of a direction.

The Regulations require that the Forestry Commissioners should give their consent to "relevant projects". The Commissioners determine whether a project is a relevant project either through an application made to them by the proposer of the project (Regulation 4(1)) or by giving an opinion of their own motion (Regulation 5(4)). Regulation 6(1) provides that:

  "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."

"The matter" to which a direction may apply is thus the Commissioners' opinion that a project is a "relevant project". By virtue of the powers in Regulation 6, the Minister may review the nature of the project (Regulation 6(5)), and confirm whether or not he regards it as "relevant" for the purposes of the Regulations (Regulation 6(6)).

This memorandum is presented by the Forestry Commission, being the government department responsible for forestry regulation in Great Britain.

26th October 1998

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