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The Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006
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- UK Statutory Instruments
- 2006 No. 2522
- PART 3
- Regulation 17
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Additional requirements relating to the Habitats RegulationsE+W
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17.—(1) Natural England must not grant consent for a project that would involve doing anything which would be unlawful under [F1regulations 43, 45 or 47] of the Habitats Regulations(1) (but that does not include anything for which a licence has been granted under [F2regulation 55] of those Regulations).
(2) Paragraphs (3) to (6) apply when Natural England is deciding whether to grant consent for a project (a “habitats project”) which is likely to have a significant effect on a European site either alone or in combination with other projects.
(3) Unless paragraph (4) applies, Natural England may only grant consent for a habitats project if it has considered the implications of that project for the European site (including an appropriate assessment of the implications in view of that site’s conservation objectives) and is satisfied that that project will not adversely affect the integrity of the site.
(4) If Natural England is satisfied that a habitats project must be carried out for imperative reasons of overriding public interest (which, subject to paragraph (5), may be of a social or economic nature) and that there is no alternative solution, it may grant consent for that project even though the assessment of its implications for a European site is negative.
(5) If the European site hosts a priority natural habitat type or a priority species, the reasons in paragraph (4) must be either—
(a)reasons relating to human health, public safety or beneficial consequences of primary importance to the environment, or
(b)other reasons which in the opinion of the [F3Secretary of State] are, in the case of the site concerned, imperative reasons of overriding public interest.
(6) If Natural England decides to grant consent for a habitats project in accordance with paragraph (4), it must secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 (within the meaning of regulation [F43(1)] of the Habitats Regulations) is protected.
Textual Amendments
F1Words in reg. 17(1) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 15(4)(a)
F2Words in reg. 17(1) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 15(4)(b)
F3Words in reg. 17(5)(b) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(9); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in reg. 17(6) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 12(3) (with reg. 19)
Commencement Information
I1Reg. 17 in force at 10.10.2006, see reg. 1(2)
(1)
S.I. 1994/2716; regulations 39, 41, 43 and 44 have been amended, but the amendments do not apply to England.
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