LegalizeThe Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) Regulations 2001
Persons who carry on projects without first obtaining either a negative screening decision or consent for the project, or who act in breach of conditions imposed on a consent, commit an offence under the Regulations. It is also an offence under the Regulations to make false or misleading statements in order to obtain a particular decision.
If the Secretary of State wishes to ensure that unauthorised activities are stopped with immediate effect, she can serve a stop notice on the person carrying out the activities or on any person with an interest in the land upon which the activities are taking place. Non-compliance with the stop notice is an offence (regulation 23).
Regulation 24 contains a power for the Secretary of State to serve a notice requiring a person she believes to be responsible for committing an offence to reinstate the land to its former condition. An appeal against a reinstatement notice lies to the Magistrates' Court. Failure to comply with the requirements of a reinstatement notice is an offence.
Regulation 25 contains powers of entry in connection with carrying out the functions of the Secretary of State under the Regulations and includes the power to inspect and take copies of records. Powers are also provided to enter land for the purpose of carrying out works of reinstatement following non-compliance with a reinstatement notice.
A Transposition Note has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Transposition Note can be obtained from EIA Unit, Rural Development Service, DEFRA, Coley Park, Reading, RG1 6DT.
Footnotes
S.I. 1988/785 (in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment) and S.I. 1992/2870 (in relation to measures relating to the conservation of natural habitats and of wild fauna and flora).
1972 c. 68. The enabling powers of section 2(2) of this Act were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c. 51).
See section 128 of the Environmental Protection Act 1990 (c. 43) and section 73 of the Countryside and Rights of Way Act 2000 (c. 37).
The Historic Buildings and Monuments Commission for England is the statutory name for English Heritage. See section 32 of the National Heritage Act 1983 (c. 47).
See section 1(1) of the National Parks and Access to the Countryside Act 1949 (c. 97) (as substituted by section 130 and paragraph 1 of Shedule 8 of the Environmental Protection Act 1990) and the Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999 (S.I. 1999/416).
See section 1(1) of the Environment Act 1995 (c. 25).
OJ No. L175, 5.7.85, p. 40, as last amended by Council Directive 97/11/EC, OJ No. L73, 14.3.97, p. 5.
OJ No. L206, 22/07/1992, p. 7, as last amended by Council Directive 97/62/EC, OJ No. L305, 8.11.97, p. 42.
S.I. 1999/2228.
S.I. 1999/1783.
See section 44(2) of the Scotland Act 1998 (c. 46).
See section 1 of the Government of Wales Act 1998 (c. 38).
1981 c. 69 (the definition in section 52(1) was inserted by paragraph 5 of Schedule 9 to the Countryside and Rights of Way Act 2000 (2000 c. 37)).
1972 c. 70; section 250(4) was amended by Part III of Schedule 12 to the Housing and Planning Act 1986 (c. 63).
1990 c. 8; section 322A was inserted by section 30(1) of the Planning and Compensation Act 1991 (c. 34).
See section 1 of the Lands Tribunal Act 1949 (c. 42).
Editorial notes
Regulations applied (4.2.2002) by The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 (S.S.I. 2002/6), regs. 1(1), 12(2)(4)
Word in reg. 9(3)(b)(ii) omitted (25.6.2005) by virtue of The Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) (Amendment) Regulations 2005 (S.I. 2005/1430), regs. 1, 6(b)
Words in reg. 10(1) substituted (25.6.2005) by The Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) (Amendment) Regulations 2005 (S.I. 2005/1430), regs. 1, 7(a)
Words in reg. 11(2) substituted (25.6.2005) by The Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) (Amendment) Regulations 2005 (S.I. 2005/1430), regs. 1, 8(a)
Words in reg. 13(12)(a) substituted (25.6.2005) by The Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) (Amendment) Regulations 2005 (S.I. 2005/1430), regs. 1, 9(a)
Word in reg. 13(12)(c)(ii) omitted (25.6.2005) by virtue of The Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) (Amendment) Regulations 2005 (S.I. 2005/1430), regs. 1, 9(b)
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