Regulation 40 Transitional provisions

This regulation provides for the treatment of certain notices served under the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (England) Regulations 2001 (“the 2001 Regulations”).

Any stop notice served under regulation 22 of the 2001 Regulations is to be treated as though it was served under regulation 26 of these Regulations, and regulations 27, 30 and 31 of these Regulations apply to any enforcement action taken in respect of a breach of the notice.

Subject to paragraph (4), any reinstatement notice served under regulation 24 of the 2001 Regulations is to be treated as though it was served as a remediation notice under regulation 28 of these Regulations, and regulations 29 to 31 apply to any enforcement action taken in respect of a breach of the notice.

Nothing in paragraph (3) affects any appeal under regulation 24(3) of the 2001 Regulations brought before the coming into force of these Regulations.