Office of Public Sector Information

PART 6 Final Provisions

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

36.  The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004(30) are amended by substituting paragraph 14 of the Schedule with the following—

“14.—(1) A farmer must not begin or carry out an uncultivated land project or a restructuring project—

(a) in breach of regulation 4 of, or

(b) in breach of regulation 8 of,

the Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007.

(2) A farmer must not breach a stop notice that has been served on him under regulation 24 of those Regulations.

(3) A farmer must not, without reasonable excuse, fail to comply with any requirement of a remediation notice served on him under regulation 26 of those Regulations.

(4) In this paragraph “uncultivated land project” has the meaning given to it by regulation 2(1) of those Regulations.”

Revocations

37.  The following Regulations are revoked—

(a) the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Wales) Regulations 2002(31); and

(b) the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Wales) (Amendment) Regulations 2007(32).

Transitional provisions

38.—(1) This regulation provides for the treatment of certain notices served under the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Wales) Regulations 2002 (“the 2002 Regulations”).

(2) Any stop notice served under regulation 22 of the 2002 Regulations is to be treated as though it was served under regulation 24 of these Regulations, and regulations 25, 28 and 29 of these Regulations apply to any enforcement action taken in respect of a breach of the notice.

(3) Subject to paragraph (4), any reinstatement notice served under regulation 24 of the 2002 Regulations is to be treated as though it was served as a remediation notice under regulation 26 of these Regulations, and regulations 27 to 29 apply to any enforcement action taken in respect of a breach of the notice.

(4) Nothing in paragraph (3) affects any appeal under regulation 24(3) of the 2002 Regulations brought before the coming into force of these Regulations.

regulation 5

SCHEDULE 1 Thresholds

Interpretation of this Schedule

1.  In this Schedule—

“area restructuring project” (“prosiect ailstrwythuro arwynebedd”) means a restructuring project which involves an area of land;

“boundary restructuring project” (“prosiect ailstrwythuro terfyn”) means a restructuring project involving the addition or removal of any field boundary (including any wall, fence, bank, ditch or watercourse);

“volume restructuring project” (“prosiect ailstrwythuro cyfaint”) means a restructuring project involving the addition, removal or redistribution of a volume of earth or other material in relation to land.

regulation 7

SCHEDULE 2 Selection criteria for a screening decision

Characteristics of projects

1.  The characteristics of projects, having regard in particular to—

(a) the size of the project;

(b) the cumulation with other projects;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances; and

(f) the risk of accidents, having regard in particular to substances or technologies used.

Location of Project

2.  The environmental sensitivity of geographical areas likely to be affected by projects, having regard in particular to—

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area; and

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under legislation (including European sites);

(vi) areas in which the environmental quality standards laid down in any legislation of the Communities have already been exceeded;

(vii) densely populated areas; and

(viii) landscapes of historical, cultural or archaeological significance.

The potential impact

3.  The potential significant effects of projects, in relation to criteria set out under paragraphs 1 and 2, having regard in particular to—

(a) the extent of the impact (geographical area and size of the affected population);

(b) the impact on other EEA States;

(c) the magnitude and complexity of the impact;

(d) the probability of the impact; and

(e) the duration, frequency and reversibility of the impact.