Regulation 4 Application of Regulations

(1)

These Regulations apply to any restructuring project or uncultivated land project, unless it is exempt under paragraph (2) or (3).

(2)

A restructuring project or an uncultivated land project is exempt if it—

(a)

is a project mentioned in regulation 3(2) of the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999^f1;

(b)

constitutes development to which the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999^f2 apply;

(c)

constitutes the carrying out of improvement works by a drainage body within the meaning of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999^f3;

(d)

constitutes a relevant project under regulation 3(2) and (3) of the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003^f4;

(e)

constitutes the removal of a hedgerow under regulation 5(1) of the Hedgerows Regulations 1997^f5; or

(f)

constitutes the erection of any building or fence, or the construction of any other work, for which consent is required under section 194 of the Law of Property Act 1925^f6.

(3)

A project is exempt under this paragraph to the extent that the Secretary of State, in accordance with Article 2(3) of the EIA Directive, directs that it is to be exempt from regulations 5 to 37 of these Regulations.

(4)

In the case of a project which Natural England decides is likely to have a significant effect on a European site (either alone or in combination with other projects), the power to direct that the project is exempt under paragraph (3) is exercisable only to the extent that compliance with the Habitats Directive is secured in relation to the project.

(5)

Where the Secretary of State proposes to give a direction under paragraph (3), he must—

(a)

consider whether any other kind of assessment of the project would be appropriate; and

(b)

take such steps as he considers appropriate to bring to the attention of the public—

(i)

the information considered in making the direction and the reasons for doing so, and

(ii)

the information obtained from any assessment of the project under sub-paragraph (a).

Annotations

Footnotes

f1: S.I. 1999/2228.
f2: S.I. 1999/293, amended by S.I. 2000/2867.
f3: 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.
f4: S.I. 2003/164.
f5: S.I. 1997/1160.
f6: 1925 c. 20; section 194 was amended by the Local Government (Wales) Act 1994 (c. 19), section 66(6) and Schedule 16, paragraph 7(2), the Local Government Act 1972 (c. 70), section 272(1) and Schedule 30, the Local Government Act 1985 (c. 51), section 16 and Schedule 8, paragraph 10(5) and the Communications Act 2003 (c. 21), section 406(1) and Schedule 17, paragraph 3.