(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,

(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,

(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;

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

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

Additional requirements relating to the Habitats Regulations

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,

(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);

(e) the cumulation of effects with other existing or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

(f) the impact of the significant project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the significant project to climate change;

(g) the technologies and the substances used.

8

A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis). That description must explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and must cover both the construction and operational phases.

9

A description of the expected significant adverse effects of the significant project on the environment deriving from the vulnerability of the significant project to risks of major accidents or disasters which are relevant to the significant project. Relevant information available and obtained through risk assessments pursuant to assimilated law such as any law that implemented Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC or Council Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations or UK environmental assessments may be used for this purpose provided that the requirements of any law that implemented the EIA Directive are met. Where appropriate, the description must include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

10

A non-technical summary of the information provided under paragraphs 1 to 9.

11

A reference list detailing the sources used for the descriptions and assessments included in the statement.

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

Civil sanctions

30A