Statutory Instruments

2007 No. 2933 (W.253)

AGRICULTURE, WALES

The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007

Made

8 October 2007

Laid before the National Assembly For Wales

9 October 2007

Coming into force

31 October 2007

CONTENTS

Go to Preamble

  1. PART 1

    General provisions

    1. 1. Title, application and commencement

    2. 2. Interpretation

    3. 3. Application of Regulations

  2. PART 2

    Screening

    1. 4. Requirement for a screening decision

    2. 5. Thresholds

    3. 6. Application for a screening decision

    4. 7. The screening decision

  3. PART 3

    Consent

    1. 8. Requirement for consent

    2. 9. Scoping opinions

    3. 10. Provision of information

    4. 11. The consent application

    5. 12. Additional information

    6. 13. Procedure where a significant project in Wales may affect another EEA State

    7. 14. Procedure where a significant project in another EEA State may affect Wales

    8. 15. The consent decision

    9. 16. Additional requirements relating to the Habitats Regulations

    10. 17. Conditions of consent

    11. 18. Procedure following a consent decision

    12. 19. Transborder projects

    13. 20. Review of decisions and consents

  4. PART 4

    Enforcement

    1. 21. Offence of carrying out a project without a decision under these Regulations

    2. 22. Offence of carrying out work in contravention of a condition

    3. 23. Offence of procuring a decision by supplying false information

    4. 24. Stop notices

    5. 25. Penalties for contravention of a stop notice

    6. 26. Remediation notices

    7. 27. Penalty for contravening a remediation notice

    8. 28. Time limits for bringing proceedings

    9. 29. Powers of entry and default powers

  5. PART 5

    Appeals

    1. 30. Appeals against notices

    2. 31. Appeals against screening and consent decisions

    3. 32. Determination of appeals by written representations

    4. 33. Determination of appeals by hearing or local inquiry

    5. 34. Application to the court by person aggrieved

    6. 35. Interpretation of this Part

  6. PART 6

    Final Provisions

    1. 36. Amendment of the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004

    2. 37. Revocations

    3. 38. Transitional provisions

    1. SCHEDULE 1

      Thresholds

    2. SCHEDULE 2

      Selection criteria for a screening decision

    3. SCHEDULE 3

      Information for inclusion in the environmental statements

    4. SCHEDULE 4

      Review of decisions and consents

    5. SCHEDULE 5

      Delegation of appellate functions

Go to Explanatory Note

The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to measures relating to—

(a) the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment(2); and

(b) the conservation of natural habitats and of wild flora and fauna(3).

They make the following Regulations under the powers conferred by that section:

(1)

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). Back [1]

(2)

S.I. 2001/2555 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. Back [2]

(3)

S.I. 2002/248 in relation to measures relating to the conservation of natural habitats and of wild fauna and flora. Back [3]