The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017

PART 6 Final provisions

Amendment to the Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014

34.  The Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014(1) are amended by substituting paragraph 10 of Schedule 1 with the following—

“10.— (1) A beneficiary must not commence or carry out a project on semi-natural and/or uncultivated land or a restructuring project in breach of regulation 4 or 8 of the EIA (Agriculture) Regulations.

(2) A beneficiary must not breach a stop notice that has been served on him under regulation 24 of the EIA (Agriculture) Regulations.

(3) A beneficiary must not, without reasonable excuse, fail to comply with any requirement of a remediation notice served on him under regulation 26 of the EIA (Agriculture) Regulations.

(4) In this paragraph, “project on semi-natural and/or uncultivated land” (“prosiect ar dir lled-naturiol a/neu dir heb ei drin”) has the meaning given to it by regulation 2(1) of the EIA (Agriculture) Regulations.

(5) In this paragraph, “the EIA (Agriculture) Regulations” (“y Rheoliadau AEA (Amaethyddiaeth)”) means the Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017.”

Revocation

35.  The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007(2) are revoked.

Transitional provisions

36.—(1) This regulation provides for the treatment of certain notices served under the Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 (“the 2007 Regulations”).

(2) Subject to paragraph (4), a stop notice served in accordance with regulation 24 of the 2007 Regulations is to be treated as though it was served in accordance with regulation 24 of these Regulations, and regulations 25, 28 and 29 of these Regulations apply to any enforcement action taken in respect of a breach of the notice.

(3) Subject to paragraph (4), a remediation notice served in accordance with regulation 26 of the 2007 Regulations is to be treated as though it was served in accordance with regulation 26 of these Regulations, and regulations 27 to 29 apply to any enforcement action taken in respect of a breach of the notice.

(4) Nothing in paragraph (2) or (3) affects any appeal brought in accordance with regulation 30(2) of the 2007 Regulations before the coming into force of these Regulations.

(1)

S.I. 2014/3223 (W. 328).

(2)

S.I. 2007/2933 (W. 253).