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

Regulation 5

SCHEDULE 1 E+W Thresholds

Commencement Information

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

Column 1	Column 2	Column 3
Uncultivated land project	2 hectares	2 hectares
Restructuring project involving the addition or removal of any field boundary (including any wall, fence, bank, ditch or watercourse)	4 kilometres	2 kilometres
Restructuring project which involves an area of land	100 hectares	50 hectares
Restructuring project involving the addition, removal or redistribution of a volume of earth or other material in relation to land	10,000 cubic metres	5,000 cubic metres

Regulations 6(2)(c) and 8(1)

SCHEDULE 2 E+W Selection criteria for a screening notice or a screening decision

1.    Characteristics of projects E+W

The characteristics of projects, having regard in particular to—

(a) the size of the project;

(b) the cumulation with other projects;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances; and

(f) the risk of accidents, having regard in particular to substances or technologies used.

Commencement Information

I2 Sch. 2 para. 1 in force at 10.10.2006, see reg. 1(2)

2.    Location of Project E+W

The environmental sensitivity of geographical areas likely to be affected by projects, having regard in particular to—

(g) the existing land use;

(h) the relative abundance, quality and regenerative capacity of natural resources in the area; and

(i) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under legislation (including European sites);

(vi) areas in which the environmental quality standards laid down in any legislation of the Communities have already been exceeded;

(vii) densely populated areas; and

(viii) landscapes of historical, cultural or archaeological significance.

Commencement Information

I3 Sch. 2 para. 2 in force at 10.10.2006, see reg. 1(2)

3.    The potential impact E+W

The potential significant effects of projects, in relation to criteria set out under paragraphs 1 and 2, having regard in particular to—

(j) the extent of the impact (geographical area and size of the affected population);

(k) the impact on other EEA States;

(l) the magnitude and complexity of the impact;

(m) the probability of the impact; and

(n) the duration, frequency and reversibility of the impact.

Commencement Information

I4 Sch. 2 para. 3 in force at 10.10.2006, see reg. 1(2)

Regulation 2(1)

SCHEDULE 3 E+W Information for inclusion in the environmental statements

PART 1 E+W

1.  A description of the project, including in particular— E+W

(a) a description of the physical characteristics of the whole project and the land use requirements during the construction, or other implementation, and operational phases;

(b) a description of the main characteristics of the production processes, for instance, nature and quantity and the materials used;

(c) an estimate, by type and quantity, of expected residues and emissions (including water, air and soil pollution, noise, vibration, light, heat and radiation) resulting from the operation of the proposed project.

Commencement Information

I5 Sch. 3 Pt. 1 para. 1 in force at 10.10.2006, see reg. 1(2)

2.  An outline of the main alternatives studied by the applicant for consent and an indication of the main reasons for his choice, taking into account the environmental effects. E+W

Commencement Information

I6 Sch. 3 Pt. 1 para. 2 in force at 10.10.2006, see reg. 1(2)

3.  A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, fauna, flora, soil, water, air climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors. E+W

Commencement Information

I7 Sch. 3 Pt. 1 para. 3 in force at 10.10.2006, see reg. 1(2)

4.  A description of the likely significant effects of the project on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the project, resulting from— E+W

(a) the existence of the project;

(b) the use of natural resources; and

(c) the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the applicant for consent of the forecasting methods used to assess the effects on the environment.

Commencement Information

I8 Sch. 3 Pt. 1 para. 4 in force at 10.10.2006, see reg. 1(2)

5.  A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment. E+W

Commencement Information

I9 Sch. 3 Pt. 1 para. 5 in force at 10.10.2006, see reg. 1(2)

6.  A non-technical summary of the information provided under paragraphs 1 to 5 of this Part. E+W

Commencement Information

I10 Sch. 3 Pt. 1 para. 6 in force at 10.10.2006, see reg. 1(2)

7.  An indication of any difficulties (including technical deficiencies or lack of know-how) encountered by the applicant for consent in compiling the required information. E+W

Commencement Information

I11 Sch. 3 Pt. 1 para. 7 in force at 10.10.2006, see reg. 1(2)

PART 2 E+W

1.  A description of the project comprising information on the site, design and size of the project. E+W

Commencement Information

I12 Sch. 3 Pt. 2 para. 1 in force at 10.10.2006, see reg. 1(2)

2.  A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects. E+W

Commencement Information

I13 Sch. 3 Pt. 2 para. 2 in force at 10.10.2006, see reg. 1(2)

3.  The data required to identify and assess the main effects which the project is likely to have on the environment. E+W

Commencement Information

I14 Sch. 3 Pt. 2 para. 3 in force at 10.10.2006, see reg. 1(2)

4.  An outline of the main alternatives studied by the applicant for consent and an indication of the main reasons for his choice, taking into account the environmental effects. E+W

Commencement Information

I15 Sch. 3 Pt. 2 para. 4 in force at 10.10.2006, see reg. 1(2)

5.  A non-technical summary of the information provided under paragraphs 1 to 4 of this Part. E+W

Commencement Information

I16 Sch. 3 Pt. 2 para. 5 in force at 10.10.2006, see reg. 1(2)

Regulation 21

SCHEDULE 4 E+W Review of decisions and consents

1.  As soon as is reasonably practicable Natural England must, for the purpose of determining whether the project permitted by the decision or consent will adversely affect the integrity of the site, make an appropriate assessment of the implications of the project for the European site in view of the site’s conservation objectives. E+W

Commencement Information

I17 Sch. 4 para. 1 in force at 10.10.2006, see reg. 1(2)

2.  For the purposes of the assessment, Natural England may— E+W

(a) require any person interested in the relevant land to supply it with such information as it reasonably thinks necessary; and

(b) if it considers it necessary, consult members of the public.

Commencement Information

I18 Sch. 4 para. 2 in force at 10.10.2006, see reg. 1(2)

3.  Unless, following the assessment, Natural England is satisfied that the project permitted by the decision or consent will not adversely affect the integrity of the European site, and regulation 17(4) does not apply, Natural England must— E+W

(a) in the case of a decision, revoke the decision; and

(b) in the case of a consent, either—

(i) revoke the consent; or

(ii) make such modifications to the consent as appear to it to be necessary to ensure that the project will not adversely affect the integrity of the European site,

and Natural England must notify all persons who appear to it to have an interest in the relevant land of its decision (its “further decision”).

Commencement Information

I19 Sch. 4 para. 3 in force at 10.10.2006, see reg. 1(2)

4.  Subject to paragraph 5, a further decision does not affect any works that have already been carried out in relation to a decision or consent. E+W

Commencement Information

I20 Sch. 4 para. 4 in force at 10.10.2006, see reg. 1(2)

5.—(1) If— E+W

(a) a project which is subject to a further decision has commenced; and

(b) it appears to Natural England to be necessary to safeguard the integrity of the European site,

Natural England may by notice require the person responsible for carrying out such works, or any person with an interest in the relevant land, to carry out such works of reinstatement as may be reasonable in the circumstances,

(2) A notice under paragraph (1) must state the period during which the works must be carried out.

(3) Any person who carries out such reinstatement works is entitled, on making a claim in accordance with paragraph 8, to recover from Natural England compensation in respect of any expenses reasonably incurred by him in carrying out those works.

Commencement Information

I21 Sch. 4 para. 5 in force at 10.10.2006, see reg. 1(2)

6.—(1) Regulation 32 applies to a further decision made under paragraph 3. E+W

(2) Regulation 31 applies to a notice served under paragraph 5.

Commencement Information

I22 Sch. 4 para. 6 in force at 10.10.2006, see reg. 1(2)

7.  If, following a further decision, a person has incurred expenditure in carrying out work which is rendered abortive by the further decision or has otherwise sustained loss of damage which is directly attributable to the further decision, he is entitled to be paid compensation on submitting a claim in accordance with paragraph 8. E+W

Commencement Information

I23 Sch. 4 para. 7 in force at 10.10.2006, see reg. 1(2)

8.  A claim for compensation payable under paragraph 5(3) or 7 must be submitted to Natural England within 6 weeks of the notification of the further decision and must be accompanied by such evidence as Natural England may reasonably require. E+W

Commencement Information

I24 Sch. 4 para. 8 in force at 10.10.2006, see reg. 1(2)

9.  Any dispute as to the amount of compensation payable under paragraph 5(3) or 7 may be referred to the [F1 Upper Tribunal] within 6 years of the date of notification of the further decision in respect of which compensation is payable. E+W

Textual Amendments

F1 Words in Sch. 4 para. 9 substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 2 para. 117 (with Sch. 5)

Commencement Information

I25 Sch. 4 para. 9 in force at 10.10.2006, see reg. 1(2)

10.  Nothing in this Schedule affects anything done in pursuance of a decision or consent before the date the site became a European site. E+W

Commencement Information

I26 Sch. 4 para. 10 in force at 10.10.2006, see reg. 1(2)

Regulations 31(11) and 32(11)

SCHEDULE 5 E+W Delegation of appellate functions

1.  In this Schedule “appointed person” means a person appointed under regulation 31(11) or 32(11) and “appointment” means an appointment under either of those regulations. E+W

Commencement Information

I27 Sch. 5 para. 1 in force at 10.10.2006, see reg. 1(2)

2.  An appointment must be in writing and— E+W

(a) may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a specified description;

(b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of any conditions specified in the appointment; and

(c) may, by notice given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal or matter which has not been determined by the appointed person before that time.

Commencement Information

I28 Sch. 5 para. 2 in force at 10.10.2006, see reg. 1(2)

3.  Subject to the provisions of this Schedule, an appointed person has, in relation to any appeal or matter to which his appointment relates, the same powers and duties as the Secretary of State has under regulation 31(7), or regulation 32(10), (13), (14) and (15), as the case may be. E+W

Commencement Information

I29 Sch. 5 para. 3 in force at 10.10.2006, see reg. 1(2)

4.—(1) The provisions of this paragraph apply to an appeal under regulation 31 or 32 which falls to be determined by an appointed person and, in the case of an appeal under regulation 32, apply instead of regulation 32(9). E+W

(2) If the appellant or Natural England informs the appointed person that he or it wishes to appear before and be heard by him, the appointed person must give him or it an opportunity to do so.

(3) Even if the appellant or Natural England has not asked to appear and be heard, the appointed person—

(a) may—

(i) in the case of an appeal under regulation 31, hold a hearing in connection with the appeal or matter, and

(ii) in the case of an appeal under regulation 32, hold a hearing or local inquiry in connection with the appeal or matter; and

(b) must, in the case of an appeal under regulation 32, hold a local inquiry in connection with the appeal or matter if the Secretary of State directs.

(4) The appointed person must notify his decision to hold a hearing or a local inquiry (as the case may be) to the appellant, Natural England and to any persons who notified the Secretary of State that they wish to make representations under regulation 32(8).

(5) If an appointed person holds a hearing or local inquiry under this Schedule, the Secretary of State may appoint an assessor to sit with the appointed person and advise him on any matters arising, notwithstanding that the appointed person is to determine the matter or appeal.

(6) Subject to regulation 32(12), the costs of the hearing or local inquiry held under this Schedule must be met by the Secretary of State.

Commencement Information

I30 Sch. 5 para. 4 in force at 10.10.2006, see reg. 1(2)

5.—(1) If the appointment of an appointed person is revoked under paragraph 2(c) in respect of any appeal or matter, the Secretary of State must, unless he proposes to determine the matter himself, appoint another person under regulation 31(11) or 32(11) to determine the appeal or matter instead. E+W

(2) If a new appointment is made, the consideration of the appeal or matter, or any local inquiry or other hearing in connection with it, must begin afresh.

(3) Nothing in sub-paragraph (2) requires any person to be given an opportunity to make fresh representations or to modify or withdraw any representations already made.

Commencement Information

I31 Sch. 5 para. 5 in force at 10.10.2006, see reg. 1(2)

6.—(1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates is to be treated for all purposes as done or omitted to be done by the Secretary of State. E+W

(2) But sub-paragraph (1) does not apply—

(a) for the purposes of so much of any contract made between the Secretary of State and the appointed person as relates to the exercise of the function; or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.

Commencement Information

I32 Sch. 5 para. 6 in force at 10.10.2006, see reg. 1(2)