EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision for the protection of hedgerows on agricultural land.
Regulation 3 sets out the class of hedgerows to which the Regulations apply. Regulation 4 designates those hedgerows as “important” under section 97 of the Environment Act 1995 (c. 25).
Regulation 5 imposes a general maintenance requirement in respect of important hedgerows. This is a duty on owners to take all reasonable steps to create and thereafter maintain green cover on land which is within two metres from the centre of the hedgerow and to not cultivate or apply fertilisers or pesticides on any such land except in the circumstances set out in, and for the reasons permitted by, that regulation. There are limited exceptions including for hedgerows on parcels of land of less than two hectares and in relation to land which is either side of an important hedgerow that marks the boundary of a dwelling house. Provision is also made for the staggered application, from 1st July 2024, of the maintenance requirements in regulation 5 depending on whether or not the agricultural land next to the important hedgerow in question is being used for crop production.
Regulation 6 prohibits the cutting or trimming of an important hedgerow during the period beginning with 1st March in any year and ending on 31st August in that same year, inclusive of those dates, except in the limited circumstances described in that regulation.
Regulation 7 makes it is an offence for any person to contravene the requirements of regulations 5 and 6 and any person doing so is liable to a fine on summary conviction in England and Wales. Regulation 8 provides for defences including where an offence has been committed due to the act or default of another person. Regulation 9 requires the Secretary of State, as Regulator, to enforce the requirements of regulations 5 and 6.
Regulation 10, and the Schedules, provide for civil sanctions (including the issue of various notices) in respect of offences under regulation 7. Regulation 11 enables the Regulator to impose a monetary penalty for a failure to comply with a compliance notice or restoration notice. Regulation 12 enables the Regulator to recover the costs associated with the imposition a variable monetary penalty notice, a compliance notice, a restoration notice or a stop notice subject to a right of appeal on specified grounds. Regulation 13 enables the Regulator to recover by court order any amount by way of a variable monetary penalty, non-compliance penalty or enforcement costs. Regulation 14 enables the Regulator to withdraw or amend any notice issued at any time in writing. Regulation 15 provides a right of appeal to the First-tier Tribunal against any notice issued by the Regulator under these Regulations. The time limit which applies for these purposes, by virtue of provision in regulations 11(6) (non-compliance penalty notices) and 12(7) (enforcement cost recovery notices) of the Regulations and in paragraphs 3(1) (stop notices) and 6(1) (final notices) of Schedule 1 to the Regulations, is before the end of the period specified in the notice concerned which must not be less than 28 days. All notices, except stop notices, are suspended pending the determination of the appeal. The Tribunal may on appeal withdraw, confirm or vary any requirement of a notice or remit a matter to the Regulator for a decision.
Regulations 16 and 17 require the Regulator to issue guidance, or revised guidance, in respect of the use of civil sanctions, including non-compliance penalties and cost recovery notices, and enforcement. Regulation 18 sets out the applicable consultation requirements. Regulation 19 requires the Regulator to publish a document regarding the use of civil sanction where a civil sanction has been accepted.
Regulations 20 to 22 provide a right of entry and inspection of land or premises by an authorised person providing evidence of authority on request in connection with breaches of the requirements in regulations 5 and 6 or other non-compliance. Any person who wilfully obstructs an authorised person commits an offence and is liable, on summary conviction, to a fine. The Regulator may bring equipment or materials required for the inspection and the authorised person may make any necessary examination including searching and seizing items, requiring explanations, information or records and taking copies of documents.
Regulation 23 contains a review provision.
An impact assessment has not been produced for this instrument as no, or no significant impact, on the private or voluntary sector is foreseen.