What is EIA Agriculture: Purpose

…to protect environmentally significant, uncultivated land and semi-natural areas from being damaged by projects which increase agricultural productivity. They also guard against possible negative environmental effects from the restructuring of rural land holdings.

Key phrases from the Regulations emphasised in bold

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Process under the Regulations

Screening Process

•Screening Application is received.•Does the proposal fall under the Regulations?•Does the information provided with the application enable NE to judge whether the proposals represents a significant effect on the environment?

Screening Decision

•No, the proposal does not fall under the Regs•Yes, the proposal does fall under the Regs but there is no likely significant effect on the environment•Yes, the proposal does fall under the Regs and there is a likely significant effect on the environment•Appealable.

Consenting Process

•For any proposal which has been deemed to represent a significant effect on the environment an Environmental Statement will be requested.

•Often a scoping opinion as to what should be included in the ES will be requested.•Consent application accompanied by an ES. •Outcome: Consent, Consent with Conditions or Refusal of Consent.•Appealable.

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Thresholds (Sch 1)

• Projects in England subject to thresholds.

Project Normal Area Sensitive AreaUncultivated land project 2ha 2haRestructuring project of any boundary 4km 2kmRestructuring project that involves area of land

100ha 50ha

Restructuring project that involves addition, removal or distribution of any material.

10,000m3 5,000m3

Uncultivated Land ProjectKey Criteria

The following 3 questions need to be asked to find out whether the proposals comes under the Regulations;

• Is the land area 2ha or over?

• Is it Uncultivated land or a Semi Natural Area?

• Does it appear that the work will increase the productivity of the land for agriculture?

All three questions need to be answered “yes” for the Regulations to apply unless a screening notice is put on the land.

Semi-natural Area

• The Regulations do not specify what a Semi-natural Area is, leaving it up to Member States to define it.

• In England, Semi-natural can be defined as:

– Priority Habitat, such as fen, scrub, species-rich grassland or bracken beds;

– Habitat holding significant populations of S.41 species eg breeding waders

– Archaeological features, such as earthworks, ridge and furrow, cairns; and

– Landscape features, such as historic parkland.

Uncultivated Land

• Land that has not been cultivated for 15 years or more.

• Cultivation includes both physical and chemical means.

• Does not include the low levels of intervention necessary to manage certain priority habitats eg species-rich grassland.

• Presumption of uncultivated if no evidence can be provided otherwise.

Restructuring Projects

Restructuring Projects include:

• the addition or removal of field boundaries

• a field boundary is wall, fence, bank, ditch or watercourse

• Re-contouring of land;• Addition, removal or

redistribution of earth or other material;

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These projects arise for a number of reasons which are not necessarily connected with increasing the productivity of land for agriculture but which are rural in nature.

2017 Amendment Regs

• Historic environment features considered as semi-natural.

• Only where greater than local significance.

• Protects HE in own right. – YAY!

Screening decisions – what is expected

• The applicant will come to you directly, not NE. They are your client. You can charge.

• The applicant should provide at minimum a map of the project and a description of the project.

• To enable us to make a decision we need;– What features present,– Significance of features,– Likely effects the project will have.

• We will make a screening decision based upon YOUR response.

Scoping Opinions

• Defines the scope of the Environmental Statement

• We will come to you asking for input.

• You can influence the scope of the investigations and report – but only where pertinent to the project.

• Not an opportunity for ‘free’ research.

• You can charge for your consultation (to the applicant).

Consent

• Applicant will supply ES to NE

• We will come to you for a consultation on the ES.

• Once consultation period ends, NE makes decision.

• Applicant can appeal decision.

Breaches

• NE is prosecution authority.

• Will try to bring back in to compliance.

• Will require statement from yourselves as to features.

• May result in providing evidence at Court.

www.gov.uk/natural-england