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The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement, in respect of certain projects relating to agriculture, Directive 2014/52/EU (“Directive 2014/52”) of the European Parliament and of the Council amending Directive 2011/92/EU (“Directive 2011/92”) on the assessment of the effects of certain public and private projects on the environment.

Regulations 3 to 18 amend the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 (“the 2006 Regulations”). In summary:

(a)the amendments to regulation 3 (in regulation 4) and new regulations 3A and 3B (as inserted by regulation 5) make provision about the application of the 2006 Regulations;

(b)new regulation 3C (as inserted by regulation 5) makes provision for the coordination of environmental assessments in respect of the same significant project;

(c)the substitution of regulation 7(1)(b) (by regulation 6(2)(a)) reflects new Schedule II.A of Directive 2011/92 (as inserted by Directive 2014/52);

(d)the amendments to regulation 12 (by regulation 9) make provision with respect to the preparation of an environmental statement by an applicant in respect of a significant project;

(e)new regulation 15A (as inserted by regulation 10) makes provision requiring Natural England to consider an environmental statement and reach a conclusion about the likely significant effects on the environment of a significant project;

(f)the amendment to regulation 16 (by regulation 11) relates to Natural England’s decision whether or not to grant consent in respect of a significant project and to the matters it must take into account;

(g)new Schedules 2 and 3 (as substituted by regulations 17 and 18 respectively) reflect amendments made by Directive 2014/52 to, respectively, Annexes III and IV to Directive 2011/92.

A transposition note is available alongside these Regulations at www.legislation.gov.uk.

A full regulatory impact assessment of the effect that these Regulations will have on the costs of business and the voluntary sector is available from the Agri-environment Unit, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3J and is also available alongside these Regulations on www.legislation.gov.uk.

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