UK Statutory Instrument SI 2006 England

Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Natural England
Status
In Force
Penalty ceiling
Prosecution 5 of 29 obligations carry an unlimited fine. 24 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person8 Applicant4

Plus 17 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts
Applicant — also bound by 325 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

General provisions

2 of 6 sections shown
s.003 Exceptional circumstances Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must consider alternative assessments and publish EIA exemption decisionsCrown / Minister / Government department
s.003 Coordination of environmental assessments Regulated
Other duties (1) — Crown / regulator
  • Natural England must coordinate EIA and Habitats Regulations assessmentsStatutory regulator
4 other sections in this Part — procedural and definitional
s.001 Title, application and commencement
s.002 Interpretation
s.003 Application of Regulations
s.003 National defence and civil emergencies
Part 2

Screening

2 of 5 sections shown
s.004 Requirement for a screening decision Regulated
  • Get a screening decision before starting uncultivated land or restructuring projectsAny Person
s.008 The screening decision Regulated
Other duties (1) — Crown / regulator
  • Natural England must screen projects and notify the applicant within 35 daysStatutory regulator
3 other sections in this Part — procedural and definitional
s.005 Thresholds
s.006 Screening notices
s.007 Application for a screening decision
Part 3

Consent

12 of 14 sections shown
s.009 Requirement for consent Regulated
  • Obtain Natural England consent before starting a significant projectAny Person
s.010 Scoping opinions Regulated
Other duties (1) — Crown / regulator
  • Natural England must provide scoping opinion within 5 weeks of requestStatutory regulator
s.011 Provision of information Regulated
Other duties (1) — Crown / regulator
  • Consultation bodies must share relevant environmental information within 28 daysStatutory regulator
s.012 The consent application Regulated
  • Apply to Natural England for consent with an environmental statementApplicant
s.013 Additional information Regulated
  • Provide additional environmental information when Natural England requests itApplicant
s.014 Procedure where a significant project in England may affect an EEA State Regulated
Other duties (1) — Crown / regulator
  • Natural England must notify and consult EEA states on cross-border impactsStatutory regulator
s.015 Procedure where a significant project in an EEA State may affect England Regulated
Other duties (1) — Crown / regulator
  • Natural England must consult on transboundary EIA projects affecting EnglandStatutory regulator
s.015 Conclusion about environmental impact Regulated
Other duties (1) — Crown / regulator
  • Natural England must assess likely environmental effects of significant projectsStatutory regulator
s.016 The consent decision Regulated
Other duties (1) — Crown / regulator
  • Natural England must decide significant project consent after considering environmental effectsStatutory regulator
s.017 Additional requirements relating to the Habitats Regulations Regulated
Other duties (1) — Crown / regulator
  • Natural England must assess habitats impacts before granting consentStatutory regulator
s.019 Procedure following a consent decision Regulated
Other duties (1) — Crown / regulator
  • Natural England must notify applicant and public of EIA consent decisionStatutory regulator
s.020 Transborder projects Regulated
Other duties (1) — Crown / regulator
  • Natural England must consult devolved authorities before transborder project decisionsStatutory regulator
2 other sections in this Part — procedural and definitional
s.018 Conditions of consent
s.021 Review of decisions and consents
Part 4

Enforcement

5 of 10 sections shown
s.022 Offence of carrying out a project without a decision under these Regulations Prosecution
  • Carry out project without required environmental decisionAny Person

Unlimited fine

s.023 Offence of carrying out work in contravention of a condition Prosecution
  • Carry out activity in breach of consent conditionAny Person

Unlimited fine

s.024 Offence of procuring a decision by supplying false information Prosecution
  • Supply false information to obtain an EIA decisionAny Person

Unlimited fine

s.026 Penalties for contravention of a stop notice Prosecution
  • Contravene a stop noticeAny Person

Unlimited fine

s.028 Penalty for contravening a remediation notice Prosecution
  • Fail to comply with a remediation noticeAny Person

Unlimited fine

5 other sections in this Part — procedural and definitional
s.025 Stop notices
s.027 Remediation notices
s.029 Time limits for bringing proceedings
s.030 Powers of entry and default powers
s.030 Civil sanctions
Part 5

Appeals

2 of 6 sections shown
s.033 Determination of appeals by written representations Regulated
  • Submit appeal representations or confirm reliance on existing documents within 6 weeksApplicant
s.034 Determination of appeals by hearing or local inquiry Regulated
  • Submit full appeal case statement within 6 weeks of hearing noticeApplicant
4 other sections in this Part — procedural and definitional
s.031 Appeals against notices
s.032 Appeals against screening and consent decisions
s.035 Application to the court by person aggrieved
s.036 Interpretation of this Part
Part 6

Final Provisions

1 of 4 sections shown
s.037 Review Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review agriculture EIA regulations and publish reportsCrown / Minister / Government department
3 other sections in this Part — procedural and definitional
s.037 Amendment of the Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005
s.038 Revocations
s.039 Transitional provisions
Schedules

Schedules

5 of 30 shown
s.sch003 The description referred to in paragraph 4 of the likely... Regulated
  • Assess all types of environmental effects in the EIA descriptionAny Person
s.sch004 As soon as is reasonably practicable Natural England must, for... Regulated
Other duties (1) — Crown / regulator
  • Natural England must assess permitted projects' effect on European sitesStatutory regulator
s.sch004 Unless, following the assessment, Natural England is satisfied that the... Regulated
Other duties (1) — Crown / regulator
  • Natural England must revoke or modify consents that would harm European sitesStatutory regulator
s.sch005 (1) The provisions of this paragraph apply to an appeal... Regulated
Other duties (1) — Crown / regulator
  • Appointed person must allow appellants to be heard and notify hearing decisionsTribunal / Court
s.sch005 (1) If the appointment of an appointed person is revoked... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must appoint replacement decision-maker if appointee removedCrown / Minister / Government department
25 other schedules
s.sch002 Characteristics of projects
s.sch002 Location of projects
s.sch002 Type and characteristics of the potential impact
s.sch003 A description of the significant project, including in particular—
s.sch003 A non-technical summary of the information provided under paragraphs 1...
s.sch003 A reference list detailing the sources used for the descriptions...
s.sch003 A description of the reasonable alternatives (for example in terms...
s.sch003 A description of the relevant aspects of the current state...
s.sch003 A description of the factors specified in regulation 15A(2) likely...
s.sch003 A description of the likely significant effects of the significant...
s.sch003 A description of the forecasting methods or evidence, used to...
s.sch003 A description of the measures envisaged to avoid, prevent, reduce...
s.sch003 A description of the expected significant adverse effects of the...
s.sch004 Nothing in this Schedule affects anything done in pursuance of...
s.sch004 For the purposes of the assessment, Natural England may—
s.sch004 Subject to paragraph 5, a further decision does not affect...
s.sch004 (1) If— (a) a project which is subject to a...
s.sch004 (1) Regulation 32 applies to a further decision made under...
s.sch004 If, following a further decision, a person has incurred expenditure...
s.sch004 A claim for compensation payable under paragraph 5(3) or 7...
s.sch004 Any dispute as to the amount of compensation payable under...
s.sch005 In this Schedule “appointed person” means a person appointed under...
s.sch005 An appointment must be in writing and—
s.sch005 Subject to the provisions of this Schedule, an appointed person...
s.sch005 (1) Anything done or omitted to be done by an...

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