PART 1 General provisions

Title, application and commencement
1. (1) These Regulations may be cited as the Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006 and apply to England only.
(2) Regulation 38(c) comes into force on 30th September 2006 and the remaining provisions come into force on 10th October 2006.

Interpretation
2. (1) In these Regulations—
“additional environmental information” means any additional information required under regulation 13(1);
“agriculture” has the same meaning as in section 109(3) of the Agriculture Act 1947;
1947 c. 48.
“consent” means consent granted under regulation 16(2);
“consultation bodies” means—
(a) the Historic Buildings and Monuments Commission for England (Historic England);
See section 32 of the National Heritage Act 1983 (c. 47).
Words in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(4)(a) (with reg. 19)
(b) the Environment Agency;
See section 1(1) of the Environment Act 1995 (c. 25).
(c) any other public authority, statutory body or other organisation which Natural England or the Secretary of State considers has any interest in or holds any information which might be relevant to the project because of its specific environmental responsibilities or local or regional competences;
See section 1 of the Natural Environment and Rural Communities Act 2006 (c. 16).
Words in reg. 2(1) inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(4)(b) (with reg. 19)
“cultivated” means cultivated by physical means (including ploughing and harrowing) or chemical means (including the application of fertilisers);
“EEA State” means a member State, Norway, Iceland or Liechtenstein;
“the EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU of the European Parliament and of the Council;
“environmental impact assessment”, in respect of a project, means the process comprising—
(a) the preparation of an environmental statement by the applicant;
(b) the carrying out of consultations in accordance with regulations 12(5), 13 and 14;
(c) Natural England’s consideration of the environmental statement and other information in accordance with regulation 15A(1);
(d) Natural England reaching a conclusion about the likely significant effects of the significant project in accordance with regulation 15A(2); and
(e) Natural England’s consideration of that conclusion, and the reasons for it, in the decision whether or not to grant consent in accordance with regulation 16;
“environmental statement” has the meaning given by regulation 12(1);
“EU environmental assessment” means an assessment carried out—
(a) under an obligation to which section 2(1) of the European Communities Act 1972 applies (other than the EIA Directive), or
(b) under the law of any part of the United Kingdom implementing an EU obligation other than an obligation arising under the EIA Directive,
(c) of the effect of anything on the environment;
“European site” means a site mentioned in paragraph (a), (b), (d) or (e) of regulation 8(1) of the Habitats Regulations;
“the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, as last amended by as last amended by Council Directive 2013/17/EU
O.J. No. L206, 22.7.1992, p. 7.
“the Habitats Regulations” means the Conservation of Habitats and Species Regulations 2010;
“project” means—
(a) the execution of construction works or other installations or schemes; or
(b) other interventions in the natural surroundings and landscape;
“the relevant land” means the land on which the project is to be (or has been) carried out;
“restructuring project” means a project for the restructuring of rural land holdings;
“screening decision” means a decision made by Natural England under regulation 8(1) or a decision deemed to be made by Natural England under regulation 8(7);
“screening notice” means a notice served under regulation 6(1);
“significant project” means an uncultivated land project or a restructuring project which Natural England has decided under regulation 8(1), or is deemed to have decided under regulation 8(7), is likely to have significant effects on the environment;
“UK environmental assessment” means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything on the environment.
“uncultivated land” means land which has not been cultivated in the previous 15 years;
“uncultivated land project” means a project to increase the productivity for agriculture of uncultivated land or a semi-natural area, and includes projects to increase the productivity for agriculture of such land to below the norm.
“the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds, as amended by Council Directive 2013/17/EU;
Definition of "agriculture" in reg. 2(1) moved (16.5.2017) by virtue of The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(2) (with reg. 19)
Word in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(3) (with reg. 19)
Words in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(5) (with reg. 19)
Words in reg. 2(1) inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(10) (with reg. 19)
Words in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(6) (with reg. 19)
Word in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(7) (with reg. 19)
Words in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(8) (with reg. 19)
Words in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(9) (with reg. 19)
(2) Other expressions used both in these Regulations and in the EIA Directive or the Habitats Directive have the same meanings in these Regulations as they have in the relevant Directive.
(3) All notifications, applications, notices, representations, requests, approvals and agreements under these Regulations must be made or given in writing.
(4) “Writing” in paragraph (3), except where it applies to notices under regulation 6, 25 and 27, includes an electronic communication within the meaning of the Electronic Communications Act 2000, but notifications required to be made by Natural England or by the Secretary of State to any person may only be made by an electronic communication if the intended recipient—
2000 c. 7.
(a) has himself used that form of electronic communication in communicating with Natural England or the Secretary of State (as the case may be) under any provision in these Regulations, or
(b) has otherwise represented that that form of electronic communication is a means by which persons can communicate with him.
(5) Subject to regulation 6(6), notices or documents required or authorised to be served, sent or given under these Regulations may be sent by post.
(6) In these Regulations, any reference to the likely significant effects, or the likely significant adverse effects, of—
(a) a restructuring project on the environment includes a reference to the effects of the restructuring project on the environment once the restructuring is completed and in operation;
(b) an uncultivated land project on the environment includes a reference to the effects of the uncultivated land project on the environment once any construction, installation or other intervention is finished and in operation.
Reg. 2(6)(7) inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(11) (with reg. 19)
(7) In paragraph (6) each reference to the environment includes a reference to the matters referred to in regulation 15A(2)(a) to (e)

Application of Regulations
3. (1) These Regulations apply to any restructuring project or uncultivated land project, unless it is exempt under paragraph (2) or regulation 3A or 3B.
Words in reg. 3(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 4(2) (with reg. 19)
(2) A restructuring project or an uncultivated land project is exempt if it—
(a) is a project mentioned in regulation 3(2) of the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999;
S.I. 1999/2228.
(b) constitutes development to which the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 apply;
Words in reg. 3(2)(b) substituted (24.8.2011) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824), reg. 1(1), Sch. 6 para. 14
(c) constitutes the carrying out of improvement works by a drainage body within the meaning of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999;
S.I. 1999/1783, amended by section 73(2) of the Countryside and Rights of Way Act 2000 (c. 37) and by S.I. 2005/1399 and 2006/618.
(d) constitutes a relevant project under regulation 3(2) and (3) of the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003; or
S.I. 2003/164.
Word in reg. 3(2)(d) inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 4(3) (with reg. 19)
(e) constitutes the removal of a hedgerow under regulation 5(1) of the Hedgerows Regulations 1997; ...
S.I. 1997/1160.
Word in reg. 3(2)(e) omitted (16.5.2017) by virtue of The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 4(4) (with reg. 19)
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 3(2)(f) omitted (16.5.2017) by virtue of The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 4(5) (with reg. 19)
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 3(3)-(5) omitted (16.5.2017) by virtue of The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 4(5) (with reg. 19)
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National defence and civil emergencies
3A. (1) The Secretary of State may direct that a restructuring project or an uncultivated land project or a part of such a project is exempt if—
(a) the project has national defence as its sole purpose, and
(b) the Secretary of State considers that an environmental impact assessment in respect of the project or the part of the project would have an adverse effect on the fulfilment of that purpose.
(2) The Secretary of State may direct that a restructuring project or an uncultivated land project is exempt if—
(a) the project has the response to a civil emergency as its sole purpose, and
(b) the Secretary of State considers that an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of that purpose.
(3) The effect of a direction that a restructuring project or an uncultivated land project is exempt under paragraph (1) or (2) is that these Regulations, except for paragraph (5), do not apply in respect of the project.
(4) The effect of a direction under paragraph (1) that a part of a restructuring project or an uncultivated land project is exempt is that the project is to be treated under these Regulations as not including the part which is the subject of the direction.
(5) After the Secretary of State gives a direction under paragraph (1) or (2), the Secretary of State must as soon as practicable serve notice of the direction on the applicant and Natural England.
Regs. 3A-3C inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 5 (with reg. 19)

Exceptional circumstances
3B. (1) The Secretary of State may direct that a restructuring project or an uncultivated land project is exempt if the Secretary of State is satisfied that—
(a) it is appropriate to do so by reason of exceptional circumstances,
(b) an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of the purpose of the project,
(c) the objectives of the EIA Directive will be met even though such an assessment is not carried out, and
(d) the project is unlikely to have significant effects on the environment in another EEA State.
(2) The effect of a direction that a restructuring project or an uncultivated land project is exempt under paragraph (1) is that these Regulations, except for paragraphs (3) and (4), do not apply in respect of the project.
(3) The Secretary of State must not give a direction under paragraph (1) that a restructuring project or an uncultivated land project is exempt unless the Secretary of State has considered whether another form of assessment is appropriate.
(4) After the Secretary of State gives a direction under paragraph (1), the Secretary of State must as soon as practicable make available to the public concerned—
(a) the direction including an explanation of the reasons for it, and
(b) the information obtained under any other assessment considered appropriate in accordance with paragraph (3).

Coordination of environmental assessments
3C. Where, in respect of a significant project, there is a requirement to carry out an environmental impact assessment and a requirement to carry out an assessment under regulation 21 or 61 of the Habitats Regulations, Natural England must, where appropriate, ensure that the environmental impact assessment and the other assessment, or assessments, are coordinated.

Reg. 1 in force at 10.10.2006, see reg. 1(2)
Reg. 2 in force at 10.10.2006, see reg. 1(2)
Reg. 3 in force at 10.10.2006, see reg. 1(2)