The Environmental Impact Assessment (Agriculture) (England) Regulations 2006

UK Statutory Instrument 2006 No. 2362 — creates 6 criminal offences.

6offences created

0recorded in force

0revoked

Made: 4 September 2006
In force from: 1 October 2006
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Council Directive 85/337/EEC (O.J. No. L175, 5.7.85, p.40) on the assessment of the effects of certain public and private projects on the environment (as last amended by Directive 2003/35/EC (O.J. No. L156, 25.6.03, p. 17)) (“the EIA Directive”) in relation to two types of project in paragraph 1 of Annex II to that Directive: projects for the restructuring of rural land holdings, and projects for the use of uncultivated land and semi-natural areas for intensive agricultural purposes. They also implement Council Directive 1992/43/EEC (O.J. No. L206, 22.7.1992, p. 7) on the conservation of natural habitats and of wild flora and fauna (as last amended by the Act concerning the conditions of accession of the new Member States (O.J. No. L 236, 23.9.2003, p. 667–70. See Annex II: 16. Environment, C. Nature protection.) (“the Habitats Directive”) insofar as those projects affect sites protected by that Directive. Regulation 3 sets out the types of projects which are excluded from the scope of the Regulations. It also gives the Secretary of State the power to exclude certain projects from the scope of the Regulations in accordance with the EIA and Habitats Directives. Regulation 4 prohibits any person from beginning or carrying out certain uncultivated land projects or restructuring projects unless that person has obtained a screening decision allowing the project to go ahead. Regulation 5 and Schedule 1 set out how to calculate the appropriate threshold for a project. Regulation 6 sets out provisions relating to the service of “screening notices” which allow Natural England to remove the application thresholds from areas of land. Regulation 7 sets out what must be included in an application for a screening decision, and allows Natural England to ask for further information. Regulation 8 and Schedule 2 set out the factors to be taken into consideration by Natural England when it makes a screening decision, and the procedures relating to a screening decision. Schedule 2 is based on Annex III to the EIA Directive. Regulation 9 prohibits a person from beginning or carrying out a project likely to have significant effects on the environment unless he has first obtained consent from Natural England. Regulation 10 sets out the procedure by which Natural England can give an applicant an opinion on the scope of an environmental statement. Regulation 11 sets out the duties of consultation bodies from whom information is sought in connection with applications and scoping opinions. Regulation 12 provides that applications for consent must include an environmental statement and sets out consultation procedures relating to the application. Regulation 13 sets out further procedures relating to any further information that is required from the applicant. Regulations 14 and 15 set out the procedures to be followed where a significant project in England might affect another EEA State, and a significant project in another EEA State might affect England. Regulations 16 and 17 set out the factors to be taken into consideration when Natural England makes a consent decision, including the situation where a project is likely to affect a European Site, and provide for the timing of consent decisions. Regulation 18 sets out the conditions which must be applied to a consent and Regulation 19 sets out the procedures following the consent decision. Regulation 20 makes provision on the treatment of transborder projects. Regulation 21 and Schedule 4 make provision for the situation where, following a decision permitting the commencement of a project, the relevant land becomes a European site. Regulation 22 makes it an offence to begin or carry out a project without obtaining a screening decision or a consent decision (where these are required). Regulation 23 makes it an offence to breach a condition of consent. Regulation 24 makes it an offence to procure a decision by deception or the supply of false or misleading information or documents. Regulation 25 empowers Natural England to issue stop notices. Regulation 26 makes it an offence to contravene a stop notice. Regulation 27 empowers Natural England to issue “remediation notices” requiring a person in breach of the Regulations to return his land to the condition it was in before the breach, or to good environmental condition. Regulation 28 makes it an offence to fail to comply with a remediation notice without reasonable excuse. Regulation 29 allows prosecutions under regulations 22, 23, 24, 26 and 28 to be brought within 6 months of the date sufficient evidence comes to the prosecutor’s knowledge. But prosecutions must be brought within 2 years of the date on which the offence is committed. Regulation 30 confers powers on persons authorised by the Secretary of State or Natural England to enforce these Regulations. Regulation 30(8) makes it an offence to obstruct an authorised person in the exercise of those powers. Regulation 31 to 35 and Schedule 5 contain provisions in respect of notices and decisions given under these Regulations. Regulations 37 to 39 contain amending, revoking and transitional provisions. A Transposition Note has been prepared to illustrate how these Regulations transpose the EIA Directive and the Habitats Directive. A Regulatory Impact Assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the library of each House of Parliament. Copies of the Transposition Note and Regulatory Impact Assessment are available from the Environmental Land Management Division, Defra, Ergon House (Area 5B), Horseferry Road, London SW1P 2AL (or from www.defra.gov.uk/farm/environment/land-use/eia).

Offences created by this instrument

Any person who begins or carries out an uncultivated land project or a restructuring project in breach of— a… regulation 23(1) · Status not determined · Strict liability
Any person who carries out any activity in contravention of any condition of consent is guilty of an offence and… regulation 24 · Status not determined · Strict liability
Any person who, for the purpose of procuring a decision on an application made under these Regulations— a knowingly or… regulation 25(1) · Status not determined · Requires proof of a state of mind
Penalties for contravention of a stop notice regulation 27(1) · Status not determined · Strict liability
Penalty for contravening a remediation notice regulation 29 · Status not determined · Strict liability
Powers of entry and default powers regulation 31(8) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Business of the House Lords · Lords Chamber · 23 November 2006 · Lord Grocott
My Lords, I beg to move that the following Motions be referred to a Grand Committee— Baroness Byford to move that the Grand Committee do consider the Environmental Impact Assessment (Agriculture) (England) Regulations 2006 (SI 2006/2362). 46th Report from the Merits Committee; Baroness Byford to move that the Grand Committee do consider the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 (SI 2006/2522). 46th Report from the Merits Committee. On Question, Motion agreed to.
Environmental Impact Assessment (Agriculture) (England) Regulations 2006 Lords · Grand Committee · 5 December 2006 · Baroness Byford
rose to move, That the Grand Committee do report to the House that it has considered the Environmental Impact Assessment (Agriculture) (England) Regulations 2006 (SI 2006/2362). 46th Report from the Merits Committee (Session 2005-06). The noble Baroness said: I am grateful to the Committee for having a temporary adjournment because it was enormously important that the Minister was presenting awards to the poultry industry. As that is where I started my trade, many years ago, as a poultry producer, I would certainly not have pulled the Minister off that particularly important job. I place on…
Environmental Impact Assessment (Agriculture) (England) Regulations 2006 Lords · Grand Committee · 5 December 2006

How Parliament handled it

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