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

A claim for compensation payable under paragraph 5(3) or 7 must be submitted to Natural England within 6 weeks of the notification of the further decision and must be accompanied by such evidence as Natural England may reasonably require.

9

Any dispute as to the amount of compensation payable under paragraph 5(3) or 7 may be referred to the Upper Tribunal within 6 years of the date of notification of the further decision in respect of which compensation is payable.

10

Nothing in this Schedule affects anything done in pursuance of a decision or consent before the date the site became a European site.

SCHEDULE 5 — Delegation of appellate functions

1

In this Schedule “appointed person” means a person appointed under regulation 31(11) or 32(11) and “appointment” means an appointment under either of those regulations.

2

An appointment must be in writing and—

• (a) may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a specified description;

• (b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of any conditions specified in the appointment; and

• (c) may, by notice given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal or matter which has not been determined by the appointed person before that time.

3

Subject to the provisions of this Schedule, an appointed person has, in relation to any appeal or matter to which his appointment relates, the same powers and duties as the Secretary of State has under regulation 31(7), or regulation 32(10), (13), (14) and (15), as the case may be.

4

• (1) The provisions of this paragraph apply to an appeal under regulation 31 or 32 which falls to be determined by an appointed person and, in the case of an appeal under regulation 32, apply instead of regulation 32(9).

• (2) If the appellant or Natural England informs the appointed person that he or it wishes to appear before and be heard by him, the appointed person must give him or it an opportunity to do so.

• (3) Even if the appellant or Natural England has not asked to appear and be heard, the appointed person—

• (a) may—

• (i) in the case of an appeal under regulation 31, hold a hearing in connection with the appeal or matter, and

• (ii) in the case of an appeal under regulation 32, hold a hearing or local inquiry in connection with the appeal or matter; and

• (b) must, in the case of an appeal under regulation 32, hold a local inquiry in connection with the appeal or matter if the Secretary of State directs.

• (4) The appointed person must notify his decision to hold a hearing or a local inquiry (as the case may be) to the appellant, Natural England and to any persons who notified the Secretary of State that they wish to make representations under regulation 32(8).

• (5) If an appointed person holds a hearing or local inquiry under this Schedule, the Secretary of State may appoint an assessor to sit with the appointed person and advise him on any matters arising, notwithstanding that the appointed person is to determine the matter or appeal.

• (6) Subject to regulation 32(12), the costs of the hearing or local inquiry held under this Schedule must be met by the Secretary of State.

5

• (1) If the appointment of an appointed person is revoked under paragraph 2(c) in respect of any appeal or matter, the Secretary of State must, unless he proposes to determine the matter himself, appoint another person under regulation 31(11) or 32(11) to determine the appeal or matter instead.

• (2) If a new appointment is made, the consideration of the appeal or matter, or any local inquiry or other hearing in connection with it, must begin afresh.

• (3) Nothing in sub-paragraph (2) requires any person to be given an opportunity to make fresh representations or to modify or withdraw any representations already made.

6

• (1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates is to be treated for all purposes as done or omitted to be done by the Secretary of State.

• (2) But sub-paragraph (1) does not apply—

• (a) for the purposes of so much of any contract made between the Secretary of State and the appointed person as relates to the exercise of the function; or

• (b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.

Signed

Barry Gardiner — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 13th September 2006

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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 Secretary of State 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 Natural England 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 Natural England to ask for further information. Regulation 8 and Schedule 2 set out the factors to be taken into consideration by Natural England 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 Natural England.

Regulation 10 sets out the procedure by which Natural England can give an applicant an opinion on the scope of an environmental statement. Regulation 11 sets out the duties of consultation bodies from whom 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 procedures to be followed where a significant project in England might affect another EEA State, and a significant project in another EEA State might affect England.

Regulations 16 and 17 set out the factors to be taken into consideration when Natural England makes a consent decision, including the situation where a project is likely to affect a European Site, 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 makes provision on the treatment of transborder projects.

Regulation 21 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.

Regulation 22 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 23 makes it an offence to breach a condition of consent. Regulation 24 makes it an offence to procure a decision by deception or the supply of false or misleading information or documents.

Regulation 25 empowers Natural England to issue stop notices. Regulation 26 makes it an offence to contravene a stop notice.

Regulation 27 empowers Natural England to issue “remediation 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 28 makes it an offence to fail to comply with a remediation notice without reasonable excuse.

Regulation 29 allows prosecutions under regulations 22, 23, 24, 26 and 28 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 30 confers powers on persons authorised by the Secretary of State or Natural England to enforce these Regulations. Regulation 30(8) makes it an offence to obstruct an authorised person in the exercise of those powers.

Regulation 31 to 35 and Schedule 5 contain provisions in respect of notices and decisions given under these Regulations. Regulations 37 to 39 contain amending, revoking and transitional provisions.

A Transposition Note has been prepared to illustrate how these Regulations transpose the EIA Directive and the Habitats Directive.

A Regulatory Impact Assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the library of each House of Parliament.

Copies of the Transposition Note and Regulatory Impact Assessment are available from the Environmental Land Management Division, Defra, Ergon House (Area 5B), Horseferry Road, London SW1P 2AL (or from www.defra.gov.uk/farm/environment/land-use/eia).

Footnotes

[^f00001]: 1972 c. 68. The enabling powers of section 2(2) of this Act were extended by the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c. 51).

[^f00002]: S.I. 1988/785.

[^f00003]: S.I. 1992/2870.

[^f00004]: 1947 c. 48.

[^f00005]: See section 32 of the National Heritage Act 1983 (c. 47).

[^f00006]: See section 1(1) of the Environment Act 1995 (c. 25).

[^f00007]: See section 1 of the Natural Environment and Rural Communities Act 2006 (c. 16).

[^f00010]: O.J. No. L206, 22.7.1992, p. 7.

[^f00013]: 2000 c. 7.

[^f00014]: S.I. 1999/2228.

[^f00016]: S.I. 1999/1783, amended by section 73(2) of the Countryside and Rights of Way Act 2000 (c. 37) and by S.I. 2005/1399 and 2006/618.

[^f00017]: S.I. 2003/164.

[^f00018]: S.I. 1997/1160.

[^f00020]: See section 1(1) of the National Parks and Access to the Countryside Act 1949 (c. 97) (as substituted by section 130 of, and paragraph 1 of Schedule 8 to, the Environmental Protection Act 1990 (c. 43)) and the Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999 (S.I. 1999/416). See also section 1(4) of the Natural Environment and Rural Communities Act 2006 (c. 16), which provides for the dissolution of the Countryside Agency.

[^f00021]: 2000 c. 37. Orders designating areas of outstanding natural beauty made before the coming into force of section 82 of the 2000 Act are treated as having been made under section 82 by virtue of paragraph 16 of Schedule 15 to that Act. The Countryside Agency’s function of designating areas of outstanding natural beauty is transferred to Natural England by the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, paragraph 163.

[^f00022]: See section 2(3) of the Norfolk and Suffolk Broads Act 1988 (c. 4).

[^f00023]: 1949 c. 97. Relevant amendments were made by the Environment Act 1995 (c. 25), Schedule 10, paragraph 2.

[^f00024]: 1979 c. 46.

[^f00025]: 1990 c. 8. Section 329 was amended in relation to England by S.I. 2003/956; there are other amending instruments, but none is relevant.

[^f00026]: S.I. 2004/3391.

[^f00027]: S.I. 1994/2716; regulations 39, 41, 43 and 44 have been amended, but the amendments do not apply to England.

[^f00028]: 1972 c. 70; section 250 was amended by the Criminal Justice Act 1982 (c. 48), sections 37, 38 and 46, the Housing and Planning Act 1986 (c. 63), section 49(2) and Schedule 12, Part 3 and by the Statute Law (Repeals) Act 1989 (c. 43), section 1 and the Schedule, Part 4.

[^f00029]: 1990 c. 8. Section 332A was inserted by the Planning and Compensation Act 1991 (c. 34), section 30(1).

[^f00031]: S.I. 2001/3966, amended by S.I. 2005/1430.

[^f00032]: S.I. 2005/1430.

[^f00033]: S.I. 2006/2362.

Editorial notes

[^key-1bafa092e84bc67a8e3cc0b19ca5a090]: Reg. 1 in force at 10.10.2006, see reg. 1(2)

[^key-715580e399f25a579b3793d7bb80507f]: Reg. 2 in force at 10.10.2006, see reg. 1(2)

[^key-22e3440e0a3c59b6ac6db25f8d25ca11]: Reg. 3 in force at 10.10.2006, see reg. 1(2)

[^key-161b80f73ad140d12ef753f6de3b806f]: Reg. 4 in force at 10.10.2006, see reg. 1(2)

[^key-8fb772583e32fe92c1a1cd6fb3e83379]: Reg. 5 in force at 10.10.2006, see reg. 1(2)

[^key-da294e9a8fcfd306eeaf447feab64a5e]: Reg. 6 in force at 10.10.2006, see reg. 1(2)

[^key-fd75c5ce361ee84c557b8a2e43e05942]: Reg. 7 in force at 10.10.2006, see reg. 1(2)

[^key-7fdbd55cbf398fecfc17f1fea424bde0]: Reg. 8 in force at 10.10.2006, see reg. 1(2)

[^key-0a649c8b81e9ab9c49d75713729e11d2]: Reg. 9 in force at 10.10.2006, see reg. 1(2)

[^key-ac0315e07a149c14416c9075a5a708c4]: Reg. 10 in force at 10.10.2006, see reg. 1(2)

[^key-c8d42da3615a42cc7cc850a62112d624]: Reg. 11 in force at 10.10.2006, see reg. 1(2)

[^key-fc74ba393875a53b2e3d18144cd7f5da]: Reg. 12 in force at 10.10.2006, see reg. 1(2)

[^key-b26a609e304793fec725a2cc1fe789ff]: Reg. 13 in force at 10.10.2006, see reg. 1(2)

[^key-70f87d5dad306ac3345b9414733b404c]: Reg. 14 in force at 10.10.2006, see reg. 1(2)

[^key-65b0a9ef04278570f67166ac537e4755]: Reg. 15 in force at 10.10.2006, see reg. 1(2)

[^key-d24fc363cfde1ec2fd0f32f6f6539824]: Reg. 17 in force at 10.10.2006, see reg. 1(2)

[^key-6fa2c7ae5becb23f46468ab89dcbabc9]: Reg. 18 in force at 10.10.2006, see reg. 1(2)

[^key-8772f89190c20a617705d319e9ccba66]: Reg. 20 in force at 10.10.2006, see reg. 1(2)

[^key-10e1191b5b82ae00fcc5e06d0f317a94]: Reg. 21 in force at 10.10.2006, see reg. 1(2)

[^key-2b2fd6ca3755a4de8f7753b0c56b4637]: Reg. 22 in force at 10.10.2006, see reg. 1(2)

[^key-ec2c14f7cbe80f8ded09f3a557ba6edb]: Reg. 23 in force at 10.10.2006, see reg. 1(2)

[^key-5d2d6798b6eed39db74f23b14095d0d5]: Reg. 24 in force at 10.10.2006, see reg. 1(2)

[^key-b7abb419626844368dce1f695598aa28]: Reg. 25 in force at 10.10.2006, see reg. 1(2)

[^key-004ac7368420687e722022bae81776b3]: Reg. 26 in force at 10.10.2006, see reg. 1(2)

[^key-6b1c0b408c9034d5708b1afa53c5cc06]: Reg. 27 in force at 10.10.2006, see reg. 1(2)

[^key-69e246012bcc02b0d95d3912286c2108]: Reg. 28 in force at 10.10.2006, see reg. 1(2)

[^key-7b10ad4c0aa30254b94ce8af5d00e8ac]: Reg. 29 in force at 10.10.2006, see reg. 1(2)

[^key-d56d43798f06b7ff209423606891f631]: Reg. 30 in force at 10.10.2006, see reg. 1(2)

[^key-b24439caffa8044fe95f45033e387369]: Reg. 31 in force at 10.10.2006, see reg. 1(2)

[^key-d20d504c8a59ffbffc7a084f0d85a822]: Reg. 32 in force at 10.10.2006, see reg. 1(2)

[^key-809b1fcf6f1c32292defb44df28b41ef]: Reg. 33 in force at 10.10.2006, see reg. 1(2)

[^key-d3716a4c12d86c4d8753bc62ec33b8ae]: Reg. 34 in force at 10.10.2006, see reg. 1(2)

[^key-59fdb3ecd8be4612b80159a2594f5685]: Reg. 35 in force at 10.10.2006, see reg. 1(2)

[^key-9a7cc983439b2197c8a034044c5254ee]: Reg. 36 in force at 10.10.2006, see reg. 1(2)

[^key-32fd343daac32a3c6e8d95e138f8cb7c]: Reg. 38(c) in force at 30.9.2006, see reg. 1(2)

[^key-f3998c402c302f250361d00c42d56575]: Reg. 38(a)(b) in force at 10.10.2006, see reg. 1(2)

[^key-269755e0f26284bf6b3e630e2b9cce9e]: Reg. 39 in force at 10.10.2006, see reg. 1(2)

[^key-48c9173123497903cab3b2dbdde1255c]: Sch. 4 para. 1 in force at 10.10.2006, see reg. 1(2)

[^key-7541b8a6abb34e197e87f7957b21af2e]: Sch. 4 para. 2 in force at 10.10.2006, see reg. 1(2)

[^key-69a032f80a3e10f0b97488463a4cbd38]: Sch. 4 para. 3 in force at 10.10.2006, see reg. 1(2)

[^key-5de9d4b2794c49399f78f753c36e44af]: Sch. 4 para. 4 in force at 10.10.2006, see reg. 1(2)

[^key-1776a308843576dc2ee76f959ee67ec4]: Sch. 4 para. 5 in force at 10.10.2006, see reg. 1(2)

[^key-a3dff298b3a5f6b1fd41a1e2bd10b841]: Sch. 4 para. 6 in force at 10.10.2006, see reg. 1(2)

[^key-97f29e7fb44096087ef198effc6fd37d]: Sch. 4 para. 7 in force at 10.10.2006, see reg. 1(2)

[^key-f0a4a982bed1396e97d1f38c7c6d2c35]: Sch. 4 para. 8 in force at 10.10.2006, see reg. 1(2)

[^key-b6245e6d3217247e7cf30d09a8af6c88]: Sch. 4 para. 9 in force at 10.10.2006, see reg. 1(2)

[^key-040003937a0f017f995f93d3e3b618f1]: Sch. 4 para. 10 in force at 10.10.2006, see reg. 1(2)

[^key-d0cb66ad69d1fbcf6190b155eb135e0c]: Sch. 5 para. 1 in force at 10.10.2006, see reg. 1(2)

[^key-6a06b2c0e5095a6a4706f15585a53221]: Sch. 5 para. 2 in force at 10.10.2006, see reg. 1(2)

[^key-8aebbcdb43bf7e434d36e9f21ab9761d]: Sch. 5 para. 3 in force at 10.10.2006, see reg. 1(2)

[^key-a28c3cce0c888c2686ccfb08a9211d0b]: Sch. 5 para. 4 in force at 10.10.2006, see reg. 1(2)

[^key-7882b1dccd8dac2a4803c20810414677]: Sch. 5 para. 5 in force at 10.10.2006, see reg. 1(2)

[^key-547b01884583ee5cb5a71882bc755ec0]: Sch. 5 para. 6 in force at 10.10.2006, see reg. 1(2)

[^key-ff136104376e44151e89b47f7ffbc222]: Sch. 1 in force at 10.10.2006, see reg. 1(2)

[^key-1652e37a43273e8a37b144bb58aebfc6]: Words in Sch. 4 para. 9 substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 2 para. 117 (with Sch. 5)

[^key-0b14e36001391064a38d9a0f5dd8f3b8]: Reg. 37 revoked (1.1.2010) by The Agriculture (Cross compliance) Regulations 2009 (S.I. 2009/3264), regs. 1, 8, Sch. 3

[^key-471eea3f28e60ac5556f29a670aca05a]: Reg. 30A inserted (6.4.2010) by The Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010 (S.I. 2010/1159), regs. 1, 7

[^key-5a65546f1ad62912c6f7e3d7931c377e]: Words in reg. 3(2)(b) substituted (24.8.2011) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824), reg. 1(1), Sch. 6 para. 14

[^key-52dd3f767d5a6fc404cc2d17647a4005]: Regs. 3A-3C inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 5 (with reg. 19)

[^key-1fe9cba69e253a6df299f8edba693973]: Reg. 15A inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 10 (with reg. 19)

[^key-fff1ea5f158283ae3f988de3df2a71cd]: Reg. 37A inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 16 (with reg. 19)

[^key-8a8709774a92a2e5b54277de7cfb9d4a]: Sch. 2 substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 17, Sch. 1 (with reg. 19)

[^key-7fab6b42f6dc041416d2d7f199f3733e]: Sch. 3 substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 18, Sch. 2 (with reg. 19)

[^key-267f7823e6019c61aec13a80a3f2b361]: Reg. 2(6)(7) inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(11) (with reg. 19)

[^key-41f8c7fb7d1f9146a105799e485fe578]: Word in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(3) (with reg. 19)

[^key-2dadb5c7c72a92fe7e6474c1d8fa717f]: Words in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(4)(a) (with reg. 19)

[^key-12c68b13c53ee04da867c59d2a632a0e]: Words in reg. 2(1) inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(4)(b) (with reg. 19)

[^key-efca1eedb94b4be6dcb417d31b913a9b]: Word in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(7) (with reg. 19)

[^key-570b61724481e5b66ae8f8370dbc2b9a]: Definition of "agriculture" in reg. 2(1) moved (16.5.2017) by virtue of The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(2) (with reg. 19)

[^key-5467d96dc2d6a1161a6611c565b2b2c6]: Words in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(5) (with reg. 19)

[^key-f3a6542b79c947063d4f201e82824a4d]: Words in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(6) (with reg. 19)

[^key-f4006c615f81614ed03e7042923406d5]: Words in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(8) (with reg. 19)

[^key-b957f293d9eb77a10eb2f643891262df]: Words in reg. 2(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(9) (with reg. 19)

[^key-76231990e161b34d07f89c37fafdc037]: Words in reg. 2(1) inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 3(10) (with reg. 19)

[^key-2ff56dfef693922b830950d621d91941]: Words in reg. 3(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 4(2) (with reg. 19)

[^key-3d4914ec777aa303242ab615abfb025c]: Word in reg. 3(2)(d) inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 4(3) (with reg. 19)

[^key-378b5b12233940a359b583a35d577c12]: Word in reg. 3(2)(e) omitted (16.5.2017) by virtue of The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 4(4) (with reg. 19)

[^key-28251e44b05c2245fe30a2d33397eadf]: Reg. 3(2)(f) omitted (16.5.2017) by virtue of The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 4(5) (with reg. 19)

[^key-1aa2894a671bace7ec2659e530d8f37e]: Reg. 3(3)-(5) omitted (16.5.2017) by virtue of The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 4(5) (with reg. 19)

[^key-7053abb6a57532fc0df8c234978bc73c]: Reg. 7(1A) inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 6(3) (with reg. 19)

[^key-4b8f80f2e6543fd89e06be6c098eddba]: Reg. 7(1)(b) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 6(2)(a) (with reg. 19)

[^key-f3c42c53fa7270d5847fe77ccd9516f8]: Reg. 7(1)(c)(d) omitted (16.5.2017) by virtue of The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 6(2)(b) (with reg. 19)

[^key-60e4a7668bb0cee696572590c51ff36d]: Reg. 8(1A) inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 7(2) (with reg. 19)

[^key-2d43d5f42b21df7d05f4e3d9290ea52a]: Reg. 8(5)(5A) substituted for reg. 8(5) (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 7(6) (with reg. 19)

[^key-6c020dd1a66de13a26a144f47ea5a227]: Reg. 8(4)(a) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 7(3) (with reg. 19)

[^key-8cef3aef9325f11d1e9483333109643d]: Words in reg. 8(4)(b) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 7(4) (with reg. 19)

[^key-89fb2c7f348aff91a7c62cb8e1b2669d]: Words in reg. 8(4)(c) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 7(5) (with reg. 19)

[^key-6a5174b25ebf082284e2df086b383d2e]: Reg. 10(1A) inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 8(3) (with reg. 19)

[^key-6c493bde8be39efb78bdcb4c6edaa88d]: Words in reg. 10(1) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 8(2) (with reg. 19)

[^key-0148baed6de1d5823e1548026895b810]: Reg. 12(1)(1A) substituted for reg. 12(1) (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 9(2) (with reg. 19)

[^key-61cf3328ada75612b48c41c7946b5725]: Reg. 12(5)(d) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 9(3) (with reg. 19)

[^key-e9caa792386a03b3b281b75808561133]: Reg. 16 substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 11 (with reg. 19)

[^key-9b6ff12fd0f1f3f74ae118693d604c4d]: Word in reg. 17(6) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 12(3) (with reg. 19)

[^key-757dd9be33a0b7ee3313c8d24b59d499]: Reg. 18(1A) inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 13 (with reg. 19)

[^key-b306e5285c08dc57482fa5cb15e9bf7f]: Reg. 19 substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 14 (with reg. 19)

[^key-75bdf937318035e52d4f288c52452186]: Reg. 31(3A) inserted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 15 (with reg. 19)

[^key-5ca348977a74d3007a524efec2fa7ae5]: Words in reg. 2 substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 15(2)

[^key-b38b3816a35e8efb4e5367c647c1355a]: Words in reg. 3C substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 15(3)

[^key-ba79b8ce69c5e862985bfa13b3c1e2db]: Words in reg. 17(1) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 15(4)(a)

[^key-a1f1c939b934e5cd4a8d1820eb00fcdb]: Words in reg. 17(1) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 15(4)(b)

[^key-3159ac9a5f768e0d49d886893ef83904]: Words in reg. 2(1) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5a0a21f95e214fdf94f39a0f75e30cf5]: Words in reg. 2(1) inserted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(2)(a)(ii) (as amended by S.I. 2019/1078, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-7b13dd57e287227e3b981938cf572160]: Reg. 2(2) omitted (31.12.2020) by virtue of The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c54ba5f0700af20128dd83cfa756bf88]: Word in reg. 3B(1)(d) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e1f2eea2c71aba639d73d61dac4ce201]: Word in reg. 12(5)(e) omitted (31.12.2020) by virtue of The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5f52279cb823ea7d21a8c9986bc2a93c]: Words in reg. 12(5)(e) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cb55c649cf21262bdddca67e9bf1f9ee]: Word in reg. 14 heading substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d9da80af0a6b6f8621d3104f3f24eadd]: Word in reg. 14(1) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5be463ba132698a70bbbc1ce629072ea]: Words in reg. 14(5)(a) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0047f165f7b6bf36acdcf52b08d959f5]: Words in reg. 14(6) omitted (31.12.2020) by virtue of The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(5)(d); 2020 c. 1, Sch. 5 para. 1(1)

[^key-622716d432e19dec75fefcb8e44241ca]: Word in reg. 15 heading substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-06e13fb011f166a518c4f29bf4fbc1ae]: Word in reg. 15(1) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-58c803eee226a366dad496cc35a915c4]: Words in reg. 15(1)(b) inserted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(6)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a94d0fc3b491bcc86909a349ef19260d]: Words in reg. 15(2) omitted (31.12.2020) by virtue of The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a7652c08fd07e4aecf450ddec271e6f1]: Word in reg. 15(3) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(6)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3455de7a25be0af40c54390561227525]: Words in reg. 15(3) omitted (31.12.2020) by virtue of The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(6)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ec27b9b778afcd130161ec08fece5614]: Words in reg. 15(1) omitted (31.12.2020) by virtue of The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6a465efdca00569731d86ded551bc5df]: Words in reg. 15A(2)(b) inserted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(7); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3a301b8927b357a7ebec7f7310112bd2]: Word in reg. 16(4)(c) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(8); 2020 c. 1, Sch. 5 para. 1(1)

[^key-081595f92e1a7ba4cf5b2f924947d5fe]: Words in reg. 17(5)(b) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(9); 2020 c. 1, Sch. 5 para. 1(1)

[^key-80cbef23db718ec949c91502406aeff1]: Words in Sch. 2 para. 2(c)(vi) inserted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(10); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cbdc20ed1aea50a66e71f09aefac39b1]: Words in Sch. 3 para. 6 substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2b53ebd60d4bfb386cc2e617abb8b44b]: Words in Sch. 3 para. 9 substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-336c52b7cba5010661eecc8f03df3c8e]: Words in Sch. 3 para. 9 inserted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6b80e5cfdf0cbc2c9468483969eb345a]: Word in reg. 2(1) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 12(a)

[^key-b477f88ff2bb2853ad0ff16feb008c5d]: Word in Sch. 2 para. 2(c)(vi) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 12(b)

[^key-29c906daec2bdba72559c5e992e99ba7]: Word in Sch. 3 para. 6 substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 12(c)(i)

[^key-2db98519da92c8180b120d7b5150883a]: Word in Sch. 3 para. 9 substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 12(c)(ii)

Civil sanctions

30A

• (1) Natural England may impose a fixed monetary penalty or variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

Offence under these Regulations	Fixed monetary penalty	Variable monetary penalty	Enforcement undertaking
regulation 22(1)	Yes	Yes	Yes
regulation 23	Yes	Yes	Yes
regulation 24(1)	No	Yes	No
regulation 26(1)	No	Yes	No
regulation 30(8)	No	Yes	No

• (2) The terms used in this regulation have the same meaning as in that Order.

• (3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.

National defence and civil emergencies

3A

• (1) The Secretary of State may direct that a restructuring project or an uncultivated land project or a part of such a project is exempt if—

• (a) the project has national defence as its sole purpose, and

• (b) the Secretary of State considers that an environmental impact assessment in respect of the project or the part of the project would have an adverse effect on the fulfilment of that purpose.

• (2) The Secretary of State may direct that a restructuring project or an uncultivated land project is exempt if—

• (a) the project has the response to a civil emergency as its sole purpose, and

• (b) the Secretary of State considers that an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of that purpose.

• (3) The effect of a direction that a restructuring project or an uncultivated land project is exempt under paragraph (1) or (2) is that these Regulations, except for paragraph (5), do not apply in respect of the project.

• (4) The effect of a direction under paragraph (1) that a part of a restructuring project or an uncultivated land project is exempt is that the project is to be treated under these Regulations as not including the part which is the subject of the direction.

• (5) After the Secretary of State gives a direction under paragraph (1) or (2), the Secretary of State must as soon as practicable serve notice of the direction on the applicant and Natural England.

Exceptional circumstances

3B

• (1) The Secretary of State may direct that a restructuring project or an uncultivated land project is exempt if the Secretary of State is satisfied that—

• (a) it is appropriate to do so by reason of exceptional circumstances,

• (b) an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of the purpose of the project,

• (c) the objectives of the EIA Directive will be met even though such an assessment is not carried out, and

• (d) the project is unlikely to have significant effects on the environment in an EEA State.

• (2) The effect of a direction that a restructuring project or an uncultivated land project is exempt under paragraph (1) is that these Regulations, except for paragraphs (3) and (4), do not apply in respect of the project.

• (3) The Secretary of State must not give a direction under paragraph (1) that a restructuring project or an uncultivated land project is exempt unless the Secretary of State has considered whether another form of assessment is appropriate.

• (4) After the Secretary of State gives a direction under paragraph (1), the Secretary of State must as soon as practicable make available to the public concerned—

• (a) the direction including an explanation of the reasons for it, and

• (b) the information obtained under any other assessment considered appropriate in accordance with paragraph (3).

Coordination of environmental assessments

3C

Where, in respect of a significant project, there is a requirement to carry out an environmental impact assessment and a requirement to carry out an assessment under regulation 24 or 63 of the Habitats Regulations, Natural England must, where appropriate, ensure that the environmental impact assessment and the other assessment, or assessments, are coordinated.

Conclusion about environmental impact

15A

• (1) Natural England must consider (ensuring that in doing so it has, or has access to, any expertise it considers necessary)—

• (a) the environmental statement,

• (b) any additional environmental information,

• (c) any representations or opinions it receives under—

• (i) regulation 12(4)(b) and (5)(c),

• (ii) regulation 13(2)(b) and (3)(d), and

• (iii) regulation 14(5)(b), and

• (d) any features of the significant project or measures to avoid, prevent, reduce or offset any likely significant adverse effects of the significant project on the environment.

• (2) Following that consideration, Natural England must reach a conclusion about the likely significant effects (including the expected effects deriving from the vulnerability of the significant project to risks of major accidents or disasters) of the significant project on—

• (a) population and human health;

• (b) biodiversity, with particular attention to species and habitats protected under any law of any part of the United Kingdom that implemented the Habitats Directive and the Wild Birds Directive;

• (c) land, soil, water, air and climate;

• (d) material assets, cultural heritage and the landscape;

• (e) the interaction between the factors referred to in sub-paragraphs (a) to (d).

The consent decision

Additional requirements relating to the Habitats Regulations

Conditions of consent

Procedure following a consent decision

Transborder projects

Review of decisions and consents

Review

37A

• (1) The Secretary of State must, from time to time—

• (a) carry out a review of the regulatory provision contained in these Regulations, and

• (b) publish a report setting out the conclusions of the review.

• (2) The first report must be published before 16th May 2022.

• (3) Subsequent reports must be published at intervals not exceeding 5 years.

• (4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the EIA Directive is implemented in other member States.

• (5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

• (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

• (b) assess the extent to which those objectives are achieved,

• (c) assess whether those objectives remain appropriate, and

• (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

• (6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Revocations

Transitional provisions

Location of projects

Type and characteristics of the potential impact

1

A description of the significant project, including in particular—

• (a) a description of the location of the significant project;

• (b) a description of the physical characteristics of the whole significant project, including, where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases;

• (c) a description of the main characteristics of the operational phase of the significant project (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;

• (d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) and quantities and types of waste produced during the construction and operation phases.

2

A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the applicant, which are relevant to the proposed significant project and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.

3

A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the significant project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.

4

A description of the factors specified in regulation 15A(2) likely to be significantly affected by the significant project: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.

5

A description of the likely significant effects of the significant project on the environment resulting from, among other things—

• (a) the construction and existence of the significant project, including, where relevant, demolition works;

• (b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

• (c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

• (d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);