The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017

Regulation 11(2)

SCHEDULE 3 E+W Information for inclusion in an environmental statement

1.  Description of the project, including in particular— E+W

(a) a description of the location of the project;

(b) a description of the physical characteristics of the whole project, including where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases;

(c) a description of the main characteristics of the operational phase of the project (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land and biodiversity) used;

(d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) and quantities and types of waste produced during the construction and operation phases.

Commencement Information

I1 Sch. 3 para. 1 in force at 16.5.2017, see reg. 1(3)

2.  A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the applicant, which are relevant to the proposed project and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects. E+W

Commencement Information

I2 Sch. 3 para. 2 in force at 16.5.2017, see reg. 1(3)

3.  A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of evolution thereof without implementation of the project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge. E+W

Commencement Information

I3 Sch. 3 para. 3 in force at 16.5.2017, see reg. 1(3)

4.—(1) A description of the factors likely to be significantly affected by the proposed project, covering the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the project, including— E+W

(a) population and human health;

(b) biodiversity with specific attention on species [F1 protected under EU-derived domestic legislation which transposed] the Habitats Directive and the Birds Directive [F2 , as may be amended from time to time];

(c) land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air and climate (for example greenhouse gas emissions, impacts relevant to adaptation);

(d) material assets, including architectural and archaeological aspects and landscape.

[F3 This description should take into account the environmental protection objectives established at European Union level as they were immediately before IP completion day (including in particular those established under the Habitats Directive and the Birds Directive or at national level.] .

(2) In this paragraph—

“the Birds Directive” (“y Gyfarwyddeb Adar”) means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds.

Textual Amendments

F1 Words in Sch. 3 para. 4(1)(b) substituted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 5(11)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Sch. 3 para. 4(1)(b) inserted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 5(11)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Sch. 3 para. 4(1) substituted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 5(11)(a)(ii) (as amended by S.I. 2020/1324, regs. 1(2), 2(2)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I4 Sch. 3 para. 4 in force at 16.5.2017, see reg. 1(3)

5.  A description of the likely significant effects of the project on the environment resulting from, amongst other things— E+W

(a) the construction and existence of the project, including where relevant, demolition works;

(b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

(c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

(d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);

(e) the cumulation of effects with other existing and/or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

(f) the impact of the project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change;

(g) the technologies and the substances used.

Commencement Information

I5 Sch. 3 para. 5 in force at 16.5.2017, see reg. 1(3)

6.  A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties (for example technical difficulties or lack of knowledge) encountered compiling the required information and the main uncertainties involved. E+W

Commencement Information

I6 Sch. 3 para. 6 in force at 16.5.2017, see reg. 1(3)

7.  A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis). That description should explain the extent, to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases. E+W

Commencement Information

I7 Sch. 3 para. 7 in force at 16.5.2017, see reg. 1(3)

8.  A description of the expected significant effects of the project on the environment deriving from the vulnerability of the project to risks of major accidents and/or disasters which are relevant to the project concerned. Relevant information available and obtained through risk assessments pursuant to [F4 retained EU law such as any law which implemented ] Directive 2012/18/EU(1) of the European Parliament and of the Council or Council Directive 2009/71/Euratom(2) or relevant assessments carried out pursuant to [F5 any other] national legislation may be used for this purpose provided that the requirements of [F6 any law which implemented] the EIA Directive are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies. E+W

Textual Amendments

F4 Words in Sch. 3 para. 8 substituted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 5(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Sch. 3 para. 8 inserted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 5(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Sch. 3 para. 8 inserted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 5(11)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I8 Sch. 3 para. 8 in force at 16.5.2017, see reg. 1(3)

9.  A non-technical summary of the information provided under paragraphs 1 to 8 of this Schedule. E+W

Commencement Information

I9 Sch. 3 para. 9 in force at 16.5.2017, see reg. 1(3)

10.  A reference list detailing the sources used for the descriptions and assessments included in the report. E+W

Commencement Information

I10 Sch. 3 para. 10 in force at 16.5.2017, see reg. 1(3)

(1)

Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EU.

(2)

Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations.