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PART 1E+WGeneral provisions

Title, application and commencementE+W

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.

Commencement Information

I1Reg. 1 in force at 10.10.2006, see reg. 1(2)

InterpretationE+W

2.—(1) In these Regulations—

“additional environmental information” means any additional information required under regulation 13(1);

F1“agriculture” has the same meaning as in section 109(3) of the Agriculture Act 1947(1);

“consent” means consent granted under regulation [F216(2)];

“consultation bodies” means—

(a)

the Historic Buildings and Monuments Commission for England ([F3Historic England])(2);

(b)

the Environment Agency(3);

(c)

any other public authority, statutory body or other organisation which Natural England(4) or the Secretary of State considers has any interest in or holds any information which might be relevant to the project [F4because of its specific environmental responsibilities or local or regional competences];

“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;

[F5“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;]

[F6“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;]

[F7“environmental statement” has the meaning given by regulation 12(1);]

[F8“EU environmental assessment” means an assessment of the effect of anything on the environment carried out under retained EU law other than any law of any part of the United Kingdom that implemented the EIA Directive;]

“European site” means a site mentioned in paragraph (a), (b), (d) or (e) of regulation [F98(1)] of the Habitats Regulations;

“the Habitats Directive” means Council Directive 92/43/EEC(5) on the conservation of natural habitats and of wild fauna and flora, as last amended by [F10as last amended by Council Directive 2013/17/EU]

[F11“the Habitats Regulations” means [F12the Conservation of Habitats and Species Regulations 2017];]

“project” means—

(f)

the execution of construction works or other installations or schemes; or

(g)

other interventions in the natural surroundings and landscape;

[F13“public” means one or more natural or legal persons and, in accordance with the law or practice of any part of the United Kingdom, their associations, organisations or groups;

“public concerned” means the public affected or likely to be affected by, or having an interest in, environmental decision making procedures (for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under the law of any part of the United Kingdom are deemed to have an interest);]

“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;

[F6“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.

[F6“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;]

F14(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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(6), 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—

(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.

[F15(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.

(7) In paragraph (6) each reference to the environment includes a reference to the matters referred to in regulation 15A(2)(a) to (e)]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 10.10.2006, see reg. 1(2)

Application of RegulationsE+W

3.—(1) These Regulations apply to any restructuring project or uncultivated land project, unless it is exempt under paragraph (2) [F16or regulation 3A or 3B].

(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(7);

(b)constitutes development to which [F17the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 apply;]

(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(8);

(d)constitutes a relevant project under regulation 3(2) and (3) of the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003(9); [F18or]

(e)constitutes the removal of a hedgerow under regulation 5(1) of the Hedgerows Regulations 1997(10); F19...

F20(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I3Reg. 3 in force at 10.10.2006, see reg. 1(2)

[F22National defence and civil emergenciesE+W

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.]

Textual Amendments

[F22Exceptional circumstancesE+W

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 [F23an] 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).]

Textual Amendments

[F22Coordination of environmental assessmentsE+W

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 [F24regulation 24 or 63] of the Habitats Regulations, Natural England must, where appropriate, ensure that the environmental impact assessment and the other assessment, or assessments, are coordinated.]

Textual Amendments

(2)

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

(3)

See section 1(1) of the Environment Act 1995 (c. 25).

(4)

See section 1 of the Natural Environment and Rural Communities Act 2006 (c. 16).

(5)

O.J. No. L206, 22.7.1992, p. 7.

(8)

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.