The Energy Crops Regulations 2000

Approval of projects

5.—(1) Subject to the duty imposed on him by section 17 of the Agriculture Act 1986(1) (duty to balance agricultural, economic, social, environmental and recreational interests in exercising agricultural functions), the Minister may—

(a) refuse to approve a project for the receipt of financial assistance; or

(b) approve it in whole or in part, unconditionally or subject to such conditions as he may determine,

but he shall not approve a project unless he is satisfied that—

(i) it is eligible for Community assistance and is in accordance with the relevant part of the ERDP; and

(ii) the conditions specified in paragraph (2) have been fulfilled.

(2) The conditions referred to in paragraph (1) are that—

(a) the land to which the project relates—

(i) is agricultural land, where that project involves the establishment of short rotation coppice pursuant to Article 31 of Council Regulation 1257/1999/EC;

(ii) is not agricultural land, where that project involves the establishment of short rotation coppice pursuant to Article 30 of Council Regulation 1257/1999/EC;

(iii) is part of a holding, where that project involves the establishment of miscanthus; and

(iv) in every case, is located within the catchment area of the energy production unit to which the energy crops established on that land are to be supplied;

(b) the applicant occupies the land to which the project relates either—

(i) as freehold owner; or

(ii) as lessee under a tenancy from year to year or granted for a term of not less than two years;

(c) where the applicant occupies the land to which the project relates in accordance with sub-paragraph (b)(ii), the owner or, where there is more than one, each owner of that land has given his consent in writing to the project in such form as the Minister reasonably may require, and for the purposes of this sub-paragraph, “owner” means a freehold owner and any superior tenant where the applicant occupies that land as a sub-tenant; and

(d) following the harvesting of the energy crops to be established under the project, the whole of the yield resulting from that harvesting is either—

(i) under the terms of a written agreement between the applicant and an energy producer, sent to the energy producer for use in an energy production unit; or

(ii) used by the applicant in a small-scale energy production unit.

(3) For the purposes of paragraph (2)(a)(iv), the land to which a project relates is located within the catchment area of an energy production unit where—

(a) in the case of a small-scale energy production unit, it is located within 10 miles of that energy production unit; and

(b) in the case of a large-scale energy production unit, it is located within 25 miles of that energy production unit, or within such distance as the Minister may direct in the light of representations made to that effect by an energy producer.

(4) The Minister may vary an approval by varying any condition to which it is subject, or imposing conditions.

(5) Before approving a project under paragraph (1) or varying an approval under paragraph (4), the Minister shall consult—

(a) in all cases, in order to determine whether the land to which the project relates is land forming part of an area of archaeological importance, the relevant local authority;

(b) in the case of a project involving the establishment of short rotation coppice, the Forestry Commissioners, having regard to their opinion in relation to the project under regulation 6 or 15 of the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999(2) and, where in their opinion the project is a relevant project for the purposes of those Regulations, having regard to their determination in relation to the project under regulation 15 of those Regulations;

(c) in the case of a project relating to land on which a scheduled monument is situated, the relevant local authority and the Historic Buildings and Monuments Commission for England(3); and

(d) in the case of a project relating to land forming part of an area of outstanding natural beauty, an area of special scientific interest, the Broads(4), a European site, a nature reserve or a National Park, the statutory countryside bodies.

(6) Where the Minister decides to refuse an approval under paragraph (1) or to vary an approval under paragraph (4), he shall—

(a) give the applicant or beneficiary, as the case may be, notice in writing of his decision with a statement of his reasons;

(b) give that applicant or beneficiary an opportunity to make written representations within such time as the Minister considers reasonable; and

(c) consider any such representations.

(7) An approval or variation under this regulation shall be in writing.

(1)

1986 c. 49, to which there have been no relevant amendments.

(2)

S.I. 1999/2228.

(3)

See section 32 of the National Heritage Act 1983 (c. 47).

(4)

See the Norfolk and Suffolk Broads Act 1988 (c. 4).