The Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006

Interpretation E+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 [F2 16(2)];

“consultation bodies” means—

(a)

the Historic Buildings and Monuments Commission for England ([F3 Historic 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 [F4 because 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 [F9 8(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 [F10 as last amended by Council Directive 2013/17/EU]

[F11 “the Habitats Regulations” means [F12 the 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

F1 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)

F2 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)

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 Words in reg. 2(1) 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(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 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)

F10 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)

F11 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)

F12 Words in reg. 2 substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 15(2)

F13 Words in reg. 2(1) inserted (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(2)(a)(ii) (as amended by S.I. 2019/1078, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)

F14 Reg. 2(2) omitted (31.12.2020) by virtue of The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F15 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)

Commencement Information

I1 Reg. 2 in force at 10.10.2006, see reg. 1(2)

(1)

1947 c. 48.

(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.

(6)

2000 c. 7.