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), 7(1A) and 8(1) and (4)(a)(i)

[F1 SCHEDULE 2 E+W Selection criteria for a screening notice or screening decision

Textual Amendments

F1 Sch. 2 substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 17, Sch. 1 (with reg. 19)

Characteristics of projects E+W

1.   The characteristics of restructuring projects or uncultivated land projects, with particular regard to—

(a) the size and design of the whole project;

(b) cumulation with other existing or approved projects;

(c) the use of natural resources, in particular land, soil, water and biodiversity;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of major accidents or disasters which are relevant to the project, including those caused by climate change, in accordance with scientific knowledge;

(g) the risks to human health (for example due to water contamination or air pollution).

Location of projects E+W

2.   The environmental sensitivity of geographical areas likely to be affected by restructuring projects or uncultivated land projects, with particular regard to—

(a) the existing and approved land use;

(b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;

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

(i) wetlands, riparian areas, river mouths;

(ii) coastal zones and the marine environment;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under national legislation and Natura 2000 areas designated by member States pursuant to the Habitats Directive and the Wild Birds Directive;

(vi) areas in which there has already been a failure to meet the environmental quality standards, laid down in EU legislation [F2 as it applied in the United Kingdom immediately prior to exit day, or in retained EU law] and relevant to the project, or in which it is considered that there is such a failure;

(vii) densely populated areas;

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

Textual Amendments

F2 Words in Sch. 2 para. 2(c)(vi) 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(10); 2020 c. 1, Sch. 5 para. 1(1)

Type and characteristics of the potential impact E+W

3.   The likely significant effects of restructuring projects or uncultivated land projects on the environment in relation to criteria set out in paragraphs 1 and 2 of this Schedule, with regard to the impact of the project on the factors specified in regulation 15A(2), taking into account—

(a) the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);

(b) the nature of the impact;

(c) the transboundary nature of the impact;

(d) the intensity and complexity of the impact;

(e) the probability of the impact;

(f) the expected onset, duration, frequency and reversibility of the impact;

(g) the cumulation of the impact with the impact of other existing or approved projects;

(h) the possibility of effectively reducing the impact.]

Regulation 12(1A

[F3 SCHEDULE 3 E+W Information for inclusion in environmental statements

Textual Amendments

F3 Sch. 3 substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 18, Sch. 2 (with reg. 19)

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

(a) a description of the location of the significant project;

(b) a description of the physical characteristics of the whole significant project, including, where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases;

(c) a description of the main characteristics of the operational phase of the significant project (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;

(d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) and quantities and types of waste produced during the construction and operation phases.

2.   A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the applicant, which are relevant to the proposed significant project and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects. E+W

3.   A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the significant project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge. E+W

4.   A description of the factors specified in regulation 15A(2) likely to be significantly affected by the significant project: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape. E+W

5.   A description of the likely significant effects of the significant project on the environment resulting from, among other things— E+W

(a) the construction and existence of the significant project, including, where relevant, demolition works;

(b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

(c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

(d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);

(e) the cumulation of effects with other existing or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

(f) the impact of the significant project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the significant project to climate change;

(g) the technologies and the substances used.

6.   The description referred to in paragraph 4 of the likely significant effects on the factors specified in regulation 15A(2) must cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the significant project. That description must take into account the environmental protection objectives established [F4 in retained EU law or under the law of any part of the United Kingdom] which are relevant to the significant project. E+W

Textual Amendments

F4 Words in Sch. 3 para. 6 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(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

7.   A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered in compiling the required information and the main uncertainties involved. E+W

8.   A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis). That description must explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and must cover both the construction and operational phases. E+W

9.   A description of the expected significant adverse effects of the significant project on the environment deriving from the vulnerability of the significant project to risks of major accidents or disasters which are relevant to the significant project. Relevant information available and obtained through risk assessments pursuant to [F5 retained EU law such as any law that implemented] Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC or Council Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations or UK environmental assessments may be used for this purpose provided that the requirements of [F6 any law that implemented] the EIA Directive are met. Where appropriate, the description must include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies. E+W

Textual Amendments

F5 Words in Sch. 3 para. 9 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(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Sch. 3 para. 9 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(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

10.   A non-technical summary of the information provided under paragraphs 1 to 9. E+W

11.   A reference list detailing the sources used for the descriptions and assessments included in the statement.] E+W

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

I2 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

I3 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

I4 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

I5 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

I6 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

I7 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

I8 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

I9 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 [F7 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

F7 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

I10 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

I11 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

I12 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

I13 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

I14 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

I15 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

I16 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

I17 Sch. 5 para. 6 in force at 10.10.2006, see reg. 1(2)