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

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.