The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations primarily implement Council Directive 85/337/EEC (OJ No. L175, 5.7.85, p40) on the assessment of the effects of certain public and private projects on the environment (as last amended by Directive 2003/35/EC) (OJ No. L156, 25.6.03, p17) (“the EIA Directive”) in relation to two types of project in paragraph 1 of Annex II to that Directive: projects for the restructuring of rural land holdings, and semi-natural areas for intensive agricultural purposes.

They also implement Council Directive 1992/43/EEC (OJ No. L206, 22.7.1992, p7) on the conservation of natural habitats and of wild flora and fauna (as last amended by the Act concerning the conditions of accession of the new member States) (OJ No. L236, 23.9.2003, p.667-70. See Annex II:16. Environment, C Nature protection.) (“the Habitats Directive”) insofar as those projects affect sites protected by that Directive.

Regulation 3 sets out the types of projects which are excluded from the scope of the Regulations. These include works which are covered by equivalent regulatory regimes covering forestry, water management and land drainage projects, the removal of hedgerows, the erection of buildings and fences and other work on common land, and the planning system. It also gives the Welsh Ministers the power to exclude certain projects from the scope of the Regulations in accordance with the EIA and Habitats Directives.

Regulation 4 prohibits any person from beginning or carrying out a uncultivated land project unless that person has obtained a screening decision (a decision on whether the project is likely to have significant effects on the environment). It prohibits any person from beginning or carrying out a restructuring project unless that person has obtained a screening decision allowing the project to go ahead, or the extent of the project falls below the threshold applicable to it. Regulation 5 and Schedule 1 set out how to calculate the appropriate threshold for a restructuring project.

Regulation 6 sets out what must be included in an application for a screening decision, and allows the Welsh Ministers to ask for further information if necessary.

Regulation 7 and Schedule 2 set out the factors to be taken into consideration by the Welsh Ministers when they make a screening decision, and the procedures relating to screening decision. Schedule 2 is based on Annex III to the EIA Directive.

Regulation 8 prohibits a person from beginning or carrying out a project likely to have significant effects on the environment unless he or she has first obtained consent from the Welsh Ministers.

Regulation 9 sets out the procedure by which the Welsh Ministers can give an applicant for consent a scoping opinion (an opinion on what information should be provided in an environmental statement). Regulation 10 sets out the duties of consultation bodies from whom information is sought in connection with a scoping opinion or an application for consent.

Regulation 11 provides that applications for consent must include an environmental statement (as to the content, see the definition of “environmental statement” and Schedule 3), and sets out consultation procedures relating to the application. Regulation 12 sets out further procedures relating to any further information that is required from the applicant for consent.

Regulations 13 and 14 respectively set out the procedures to be followed where a significant project in Wales might affect another EEA State, and a significant project in another EEA State might affect Wales.

Regulation 15 and 16 set out the factors to be taken into consideration when the Welsh Ministers make a consent decision, including the situation where a project is likely to affect a European site, and makes provision for the timing of consent decisions.

Regulation 17 sets out the conditions which must be applied to a consent and regulation 18 sets out the procedures following the consent decision.

Regulation 19 makes provision on the treatment of transborder projects.

Regulation 20 and Schedule 4 make specific provision for the situation where, following a grant of consent, the relevant land becomes a European site.

Regulation 21 makes it an offence to begin or carry out a project without obtaining a screening decision or a consent decision (where these are required). Regulation 22 makes it an offence to breach a condition of consent. Regulation 23 makes it an offence to procure a decision by deception or to supply of false or misleading information or documents.

Regulation 24 empowers the Welsh Ministers to issue “stop notices” prohibiting persons from continuing work begun without the necessary consent. Regulation 25 makes it an offence to contravene a stop notice.

Regulation 26 empowers the Welsh Ministers to issue “remediation notices” requiring a person in breach of the Regulations to return his or her land to the condition it was in before the project was commenced or to good environmental condition or such standard as the Welsh Ministers determine reasonable in the circumstances. Regulation 27 makes it an offence to fail to comply with a remediation notice without reasonable excuse.

Regulation 28 allows prosecutions under regulations 21, 22, 23, 25 and 27 to be brought within 6 months of the date sufficient evidence comes to the prosecutor’s knowledge. But prosecutions must be brought within 2 years of the date on which the offence is committed.

Regulation 29 provides powers of entry and inspection in connection with enforcement, and allows the removal of documents and of plant and soil specimens. It permits the Welsh Ministers to carry out works required by a remediation notice which have not been done within the required timescale, and to recover the costs. It requires persons whose land is being entered and inspected to assist authorised persons, and makes it an offence intentionally to obstruct or impede them or to fail to provide them with assistance without reasonable excuse.

Regulations 30 and 31 set out appeals provisions and procedures. Schedule 5 makes provision for when appeals are conducted by an appointed person. Regulations 32 and 33 respectively set out further procedures for appeals by written representations and appeals by hearing or local inquiry.

Regulation 34 provides that a person aggrieved by a decisions that a project is not a significant project, or a decision granting consent for a project, may appeal to the High Court.

Regulation 36 amends the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004 (S.I. 2004/3280 (W.284)) as a consequence of the coming into force of these Regulations.

Regulation 37 revokes the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Wales) Regulations 2002 (S.I 2002/2127, (W.214)) amended by S.I 2007/203 (W.17)). Regulation 38 makes transitional provision.