Resource information
These Regulations implement, in relation to projects for the use of uncultivated land and semi-natural areas in England for intensive agricultural purposes, Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment and Council Directive 1992/43/EEC on the conservation of natural habitats and of wild fauna and flora insofar as it applies to such projects. The definition of "project" (reg. 2) identifies those activities which are subject to the requirements of the Regulations. Regulation 4 prevents any projects from being undertaken unless a screening decision is first obtained. The screening decision determines whether the project is one which is likely to have significant effects on the environment. The screening decision must be reached in accordance with the selection criteria set out in Schedule 1 of the Regulations. The procedural requirements in respect of screening decisions are set out in Regulation 5. Regulation 6 prohibits a relevant project from being carried out without consent first having been obtained from the Secretary of State. Under Regulation 13(3) the Secretary of State may not grant consent for a project which would involve activities prohibited under those provisions of the Habitats Regulations which implement Articles 12, 13, 15 and 16 (requirements for protection of species) of the Habitats Directive. Regulation 14 and Schedule 3 implement Article 6(2) of the Habitats Directive by ensuring that any decisions taken in accordance with the Regulations before the designation of a European site which would permit a project to be carried out which would adversely affect the integrity of the site are reviewed and revoked or modified as necessary.
Implements: Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. (1985-06-27)
Implements: Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (1992-05-21)
Amended by: Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) (Amendment) Regulations 2005 (S.I. No. 1430 of 2005). (2005-05-25)
Repealed by: Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 (S.I. No. 2522 of 2006). (2006-09-13)
