UK Offence Report

Offence of carrying out a project without a decision under these Regulations

regulation 21(1) of The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 Any person who begins or carries out an uncultivated land project or

a restructuring project in breach of—

a regulation 4, or

b regulation 9, is guilty of an offence and liable on summary conviction to

a fine not exceeding level

5 on the standard scale.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 21(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing the thing the provision prohibits under the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

in Northern Ireland a reference to a level is construed as referring to the standard scale as it currently stands (Fines and Penalties (NI) Order 1984 art.5(3)), not as it stood when the instrument was made.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
2 October 2007
In force from
5 November 2007
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

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 Department 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 the Department 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 the Department to ask for further information. Regulation 8 and Schedule 2 set out the factors to be taken into consideration by the Department 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 the Department. Regulation 10 sets out the procedure by which the Department can give an applicant an opinion on the scope of an environmental statement. Regulation 11 sets out the duties of consultation bodies from which 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 procedure when a significant project in Northern Ireland may have an effect on the environment of another EEA State, and the procedure when a significant project in another EEA State may have an effect on the environment of Northern Ireland. Regulations 16 and 17 set out the factors to be taken into consideration when the Department makes a consent decision, including the situation where a project is likely to affect a European Site or Area of Special Scientific Interest 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 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 or Area of Special Scientific Interest. Regulation 21 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 22 makes it an offence to breach a condition of consent. Regulation 23 makes it an offence to procure a decision by deception or the supply of false or misleading information or documents. Regulation 24 empowers the Department to issue stop notices. Regulation 25 makes it an offence to contravene a stop notice. Regulation 26 empowers the Department to issue “reinstatement 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 27 makes it an offence to fail to comply with a reinstatement notice without reasonable excuse. Regulation 28 allows prosecutions under regulations 21 to 23, 25 and 27 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 29 confers powers on persons authorised by the Department to enforce these Regulations. Regulation 29(8) makes it an offence to obstruct an authorised person in the exercise of those powers. Regulations 30 to 35 contain provisions in respect of notices and decisions given under these Regulations. Regulations 36 to 39 contain amending, revoking and transitional provisions.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source