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Publicity
     13.  - (1) A person who makes an application for consent under regulation 10 or who provides further information under regulation 11 shall publish a notice in accordance with paragraph (2) below in such newspapers (not being less than two) as the Commissioners reasonably may require for the purposes of ensuring - 

(a) the application for consent or, as the case may be, the information provided under regulation 11, is made available to the public; and

(b) the public concerned is given an opportunity to express an opinion before the application for consent is determined.

    (2) A notice required by paragraph (1) above shall - 

(a) state that the application has been made or, as the case may be, that the further information has been furnished to the Commissioners;

(b) specify an office of the Commissioners or other place nominated by them at which copies of the application or the further information may be inspected free of charge at all reasonable hours within 28 days beginning with the date of publication of the notice;

(c) specify an address at which copies of the application or the further information may be obtained from the applicant and if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying) of the charge; and

(d) state that any person wishing to make representations regarding the application or the further information should make them in writing to the Commissioners, at an address nominated by them and specified in the notice, within 28 days beginning with the date of publication of the notice.

    (3) On receipt of an application for consent under regulation 10, or of further information under regulation 11, the Commissioners shall provide copies of the application or, as the case may be, the further information, together with a notice stating that any representations regarding the application or the further information should be made in writing to the Commissioners within 28 days beginning with the date of the notice, to - 

(a) the countryside bodies, and

(b) any local authority or other public authority which appears to the Commissioners to have an interest in the application.

    (4) In this regulation, reference to an application includes a reference to the documents accompanying that application.

Information for another EEA State
     14.  - (1) Where it appears to the Commissioners that a project in relation to which they have received an application for consent would be likely to have significant effects on the environment of another EEA State or where another EEA State likely to be significantly affected so requests, the Commissioners shall provide a copy of the environmental statement relating to the project to the appropriate Authority.

    (2) Where it appears to the appropriate Authority that a project would be likely to have significant effects on the environment of another EEA State or where another EEA State likely to be significantly affected so requests, the appropriate Authority shall - 

(a) send to the EEA State as soon as possible, and no later than the date of its publication as required by sub-paragraph (b) of this paragraph, the information mentioned in paragraph (3) of this regulation and, if the appropriate Authority thinks fit, the information mentioned in paragraph (4) of this regulation;

(b) publish the information referred to in sub-paragraph (a) above in a notice placed in the London Gazette with an indication of where further information is available;

(c) give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide; and

(d) inform the applicant for consent.

    (3) The information referred to in paragraph (2)(a) of this regulation is - 

(a) a description of the project, together with any available information on its possible significant effects on the environment in another EEA State; and

(b) information on the nature of the decision which may be taken.

    (4) Where an EEA State indicates, in accordance with paragraph (2)(c), that it wishes to participate in the procedure for which these Regulations provide, the appropriate Authority shall as soon as possible send to that EEA State the following information - 

(a) a copy of the application for consent;

(b) a copy of the environmental statement; and

(c) relevant information regarding the procedure under these Regulations, but only to the extent that such information has not been provided to the EEA State earlier in accordance with paragraph (2) of this regulation.

    (5) The appropriate Authority, insofar as concerned, shall also - 

(a) arrange for the information referred to in paragraphs (3) and (4) of this regulation to be made available, within a reasonable time, to the authorities referred to in Article 6(1) of the Directive and the public concerned in the territory of the EEA State likely to be significantly affected; and

(b) ensure that those authorities and the public concerned are given an opportunity, before the determination of the application for consent, to forward to the appropriate Authority, within a reasonable time, their opinion on the information supplied.

    (6) The appropriate Authority shall in accordance with Article 7(4) of the Directive - 

(a) enter into consultations with the EEA State concerned regarding, inter alia, the potential significant effects of the project on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects, and

(b) determine in agreement with the other EEA State a reasonable period of time for the duration of the consultation period.

    (7) Where an EEA State has been consulted in accordance with paragraph (6), on the determination of the application concerned the appropriate Authority shall inform the EEA State of the decision and shall forward to it a statement of - 

(a) the content of the decision and any conditions attached thereto;

(b) the main reasons and considerations on which the decision is based; and

(c) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.

Determination of applications
     15.  - (1) Where an application is made to the Commissioners for consent, they may, subject to the following provisions of this regulation - 

(a) grant consent either subject only to the conditions required by regulation 18 or also subject to such further conditions as they see fit, or

(b) refuse consent.

    (2) The Commissioners shall not determine an application until after the expiry of the periods referred to in regulation 13 during which representations may be sent to the Commissioners or any period of consultation with an EEA State in accordance with regulation 14.

    (3) In determining an application, the Commissioners shall take into consideration the environmental information, any representations received by them in relation to the application and any other material consideration, including in particular their assessment of the direct and indirect effects of the relevant project on the environmental factors specified in Schedule 4.

Notification of decisions
     16. Where an application for consent has been determined by the Commissioners they shall - 

(a) give notice in writing of their decision to the applicant and any person from whom they received representations in relation to the application, stating that they have taken into consideration the environmental information relating to the application and giving the reasons and considerations on which the decision was based; and

(b) publish a notice of their decision in the newspapers in which notice of the application was published in accordance with regulation 13(1) which gives details of the place and times at which the public may inspect a statement of - 


(i) the content of the Commissioners' decision and any conditions attached thereto;

(ii) the main reasons and considerations on which the decision is based; and

(iii) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.

Appeals against decisions of the Commissioners
     17.  - (1) An applicant for consent may appeal to the appropriate Authority where the Commissioners - 

(a) have refused the application;

(b) have granted consent subject to conditions in addition to those required by regulation 18; or

(c) have granted consent subject only to the conditions required by regulation 18 but have specified a period for the purposes of one or both of those conditions less than the maximum period permitted by that regulation.

    (2) An appeal under this regulation shall be made within 28 days, or such longer period as the appropriate Authority may allow, beginning with the date on which the applicant receives notification of the Commissioners' decision under regulation 16.

    (3) An appeal shall be made by notice in writing to the appropriate Authority accompanied by, or by copies of - 

(a) the application to which it relates, and any documents provided by the applicant to the Commissioners in relation to it;

(b) the decision of the Commissioners; and

(c) any other information or representations which the appellant wishes to provide or make.

    (4) On receipt of a notice of appeal duly made, the appropriate Authority shall send a copy of it to the Commissioners who shall, within 28 days beginning with the date of receipt by them of the notice of appeal, supply to the appropriate Authority copies of any representation or information provided to them in relation to the application.

    (5) On an appeal under this regulation, the appropriate Authority may allow or dismiss the appeal or vary any part of the Commissioner's decision; and, where its decision is that consent should be granted, may accordingly grant consent either subject only to the conditions required by regulation 18 or also subject to such further conditions as it may determine.

    (6) The appropriate Authority shall determine an appeal within 28 days (or such longer period as it reasonably may require) beginning with the date of receipt of the representations or information supplied in accordance with paragraph (4) above.

    (7) In determining an appeal, the appropriate Authority shall take into consideration the environmental information, any representations in relation to the appeal and any other material consideration, including in particular its assessment of the direct and indirect effects of the relevant project on the environmental factors specified in Schedule 4.

    (8) Where an appeal has been determined, the appropriate Authority shall - 

(a) give notice of the decision stating that this takes into consideration the environmental information relating to the application and giving the reasons and considerations on which the decision was based to - 


(i) the appellant,

(ii) the Commissioners, and

(iii) any person from whom the Commissioners received representations in relation to the application to which the appeal relates; and



(b) publish a notice of the decision in the newspapers in which the decision of the Commissioners to which the appeal relates was published in accordance with regulation 16(b) which gives details of the place and times at which the public may inspect a statement of - 



(i) the content of the appropriate Authority's decision and any conditions attached thereto;

(ii) the main reasons and considerations on which the decision is based; and

(iii) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.

Conditions to be included in every consent
     18. Every consent shall include conditions to the effect that - 

(a) work in relation to the relevant project shall be commenced within such period (not being more than 5 years beginning with the date consent is granted) as is specified in the consent; and

(b) no work shall be carried out in relation to the relevant project after the expiration of such period (not being more than 10 years beginning with the date consent is granted) as is specified in the consent.

Application to the court by person aggrieved
     19.  - (1) On the application of any person aggrieved by the grant of consent, the court may make an order quashing the consent where it is satisfied that the consent was given contrary to whichever of regulation 15(3) or 17(7) applies in the case or that the interests of the applicant have been substantially prejudiced by a failure to comply with any other requirement of these Regulations.

    (2) An application to the court under this regulation shall be made within 6 weeks from the date of publication of the decision in accordance with regulation 16(b) or 17(8)(b).

    (3) The court may by interim order, pending the determination of an application under this regulation, stay the operation of the consent of such terms as it may think fit.

    (4) In this regulation "the court" means the High Court.

Enforcement notices
     20.  - (1) Where it appears to the Commissioners that a person is carrying out or has carried out work in relation to a relevant project - 

(a) without consent, where consent is required by regulation 4, or

(b) in breach of a condition subject to which consent has been granted in relation to that relevant project,

the Commissioners may serve an enforcement notice on that person.

    (2) An enforcement notice may require that the person on whom it is served shall take such one or more of the following measures as appear to the Commissioners to be suitable in the circumstances, namely - 

(a) apply to the Commissioners for consent;

(b) discontinue work in relation to the relevant project;

(c) restore the land to its condition before any work in relation to the relevant project was carried out;

(d) carry out on the land any works or operations, specified in the enforcement notice, which in the opinion of the Commissioners are reasonably necessary to secure compliance with any condition subject to which consent was granted or to remove or alleviate any injury to the environment which has been caused by the relevant project.

    (3) An enforcement notice shall specify the period during which any of the measures mentioned in paragraph (2)(a), (c) or (d) is to be taken and may specify different periods for different measures.

    (4) Either - 

(a) an enforcement notice served by virtue of paragraph (1)(a) above shall include or be accompanied by a written statement of the Commissioners' reasons for being of the opinion that the project is a relevant project; or

(b) the Commissioners shall serve such a written statement on the person on whom the enforcement notice was served as soon as practicable after serving the enforcement notice.

    (5) Either - 

(a) an enforcement notice shall include or be accompanied by a notice explaining how, to whom and within what period an appeal may be brought and whether the requirements of the enforcement notice will be stayed while an appeal is pending; or

(b) the Commissioners shall serve such a notice on the person on whom the enforcement notice was served as soon as practicable after serving the enforcement notice.

    (6) The Commissioners may, at any time - 

(a) by a further notice served on the person on whom the enforcement notice was served, vary an enforcement notice; and

(b) withdraw an enforcement notice.

    (7) An enforcement notice may be served on any person - 

(a) by delivering it to him personally;

(b) by leaving it for him at his last known place of abode or business; or

(c) by sending it through the post addressed to him at his last known place of abode or business;

    (8) An enforcement notice may - 

(a) in the case of a body corporate, be served on the secretary or clerk of that body at the address of the registered or principal office of that body;

(b) in the case of a partnership, be served on a partner or person having the control or management of the partnership business.

Appeals against enforcement notices
     21.  - (1) Any person on whom an enforcement notice has been served in accordance with regulation 20 may appeal to the appropriate Authority.

    (2) An appeal under this regulation shall be made within 28 days, or such longer period as the appropriate Authority may allow, beginning with the date on which the appellant receives the enforcement notice.

    (3) An appeal shall be made by notice in writing to the appropriate Authority accompanied by, or by copies of - 

(a) the enforcement notice;

(b) any relevant consent; and

(c) any other information or representations which the appellant wishes to provide or make.

    (4) On receipt of a notice of appeal duly made, the appropriate Authority shall send a copy of it to the Commissioners who shall, within 28 days beginning with the date of receipt by them of the notice of appeal, supply to the appropriate Authority copies of any representation or information provided to them in relation to any relevant consent or application for consent.

    (5) On an appeal under this regulation, the appropriate Authority may, subject to paragraph (9) below, allow or dismiss the appeal or vary any part of the enforcement notice.

    (6) The appropriate Authority shall determine an appeal within 28 days (or such longer period as it reasonably may require) beginning with - 

(a) the date of receipt of the representations or information supplied in accordance with paragraph (4) above; or

(b) where there is no consent or application for consent relevant to the enforcement notice, the date of receipt by the appropriate Authority of the notice of appeal.

    (7) In determining an appeal, the appropriate Authority shall take into consideration any environmental information, any representations received by the appropriate Authority in relation to the appeal and any other material consideration, including in particular its assessment of the direct and indirect effects of the relevant project on the environmental factors specified in Schedule 4.

    (8) Where an appeal has been determined, the appropriate Authority shall give notice of the decision, giving the reasons and considerations on which the decision was based, to the appellant and the Commissioners.

    (9) The appropriate Authority shall not allow an appeal against an enforcement notice served by virtue of regulation 20(1)(a) where it appears to the appropriate Authority that consent is required by regulation 4.

    (10) The making of an appeal under this regulation shall have the effect of suspending the operation of any requirement in the enforcement notice to which it relates to take measures described in paragraphs (a), (c) or (d) of regulation 20(2) until the appeal is determined by the appropriate Authority or, where the appeal is withdrawn, until withdrawal of the appeal.

Penalties for non-compliance with enforcement notices
     22.  - (1) Any person who carries out work in relation to a relevant project in contravention of a requirement to discontinue that work in an enforcement notice served on him in accordance with regulation 20 shall be guilty of an offence and liable - 

(a) on summary conviction to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment to a fine.

    (2) Any person on whom an enforcement notice has been served in accordance with regulation 20 who fails, within the period specified in the enforcement notice, to carry out any measure, other than discontinuance of the relevant project, required by the enforcement notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (3) Where an offence under paragraph (1) or (2) above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of - 

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity,

he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Power of entry and default powers
     23.  - (1) Subject to paragraph (2) below, any person duly authorised in writing by the Commissioners may at any reasonable time enter any land on which he or the Commisioners reasonably suspects or suspect that work in relation to a relevant project is being or has been carried out - 

(a) without consent, where such consent is required under regulation 4, or

(b) in breach of a condition subject to which consent has been granted.

    (2) Where any measures required by an enforcement notice by virtue of regulation 20(2) (other than discontinuance of the relevant project) have not been taken within the period specified in the enforcement notice - 

(a) any person duly authorised by the Commissioners may at any reasonable time enter the land to which the enforcement notice relates and take those measures, and

(b) the Commissioners may recover from the person on whom the enforcement notice was served any expenses reasonably incurred by them in doing so.

    (3) A person authorised under paragraphs (1) or (2) above to enter any land shall, if so requested, produce evidence of his authority before so entering.

Registers of opinions, directions, determinations etc. for public inspection
     24.  - (1) At each of their Conservancy offices in England and Wales, the Commissioners shall keep a register of the following, so far as relating to the area of that Conservancy - 

(a) each direction received under regulation 4(2);

(b) each opinion under regulation 6(1) or (5);

(c) each direction received under regulation 7(7);

(d) each opinion under regulation 9(1);

(e) each direction received under regulation 9(7);

(f) each determination under regulation 15(1);

(g) each determination received under regulation 17(8);

(h) statements of reasons accompanying any of the above;

(i) each environmental statement received, including any further information.

    (2) Each register kept under this regulation shall be available for inspection by the public at all reasonable hours.

Revocation and transitional provisions
     25.  - (1) The Environmental Assessment (Forestry) Regulations 1998[16] (in this regulation called "the 1998 Regulations") are hereby revoked with respect to England and Wales, subject to paragraph (2).

    (2) Paragraph (1) of this regulation shall not affect the continued application of the 1998 Regulations in England and Wales in respect of any matter relating to - 

(a) a breach of regulation 3 of those Regulations which occurred before the date of coming into force of these Regulations; or

(b) an enforcement notice issued under regulation 16 of those Regulations;

and these Regulations shall not apply to such a matter.

    (3) Where, before the date of coming into force of these Regulations, an application under regulation 4(1) of the 1998 Regulations has been received by the Commissioners in relation to land in England and Wales but the Commissioners have not given their opinion in relation to that application - 

(a) the application shall be treated as an application under regulation 5(1) of these Regulations; and

(b) any notification by the Commissioners under regulation 4(3) of the 1998 Regulations shall be treated as a notification under regulation 5(3) of these Regulations (but without prejudice to their power to make a further notification under the latter regulation).

    (4) Where, before the date of coming into force of these Regulations, an application under regulation 6(1) of the 1998 Regulations has been received by the Minister[17] in relation to land in England and Wales but a direction has not been given in relation to that application - 

(a) the application shall be treated as an application under regulation 7(1) of these Regulations; and

(b) any notification by the Minister under regulation 6(3) of the 1998 Regulations shall be treated as a notification under regulation 7(3) of these Regulations (but without prejudice to the power to make a further notification under the latter regulation).

    (5) Where, before the date of coming into force of these Regulations, an application under regulation 7 of the 1998 Regulations has been received by the Commissioners in relation to land in England and Wales but the Commissioners have not determined that application - 

(a) the application shall be treated as an application under regulation 10 of these Regulations;

(b) any notification by the Commissioners under regulation 8 of the 1998 Regulations shall be treated as a notification under regulation 11 of these Regulations (but without prejudice to their power to make a further notification under the latter regulation).

    (6) Where, before the date of coming into force of these Regulations, an appeal under regulation 13 of the 1998 Regulations has been received by the Minister in relation to land in England and Wales but that appeal has not been determined, the appeal shall be treated as an appeal under regulation 17 of these Regulations.

    (7) Where - 

(a) a case falls to be treated under these Regulations by virtue of paragraph (3), (4) or (6) above, and

(b) part or all of a period of time specified in regulation 6(1), 7(4) or (as appropriate) 17(4) or (6) of these Regulations ("the relevant provision") expired before the date of the coming into force of these Regulations,

the whole of the specified period shall be taken into account for the purposes of these Regulations in the same way as if the relevant provision had been in force on the date specified in the relevant provision as the date on which the period began to run.

    (8) A direction of the Minister under regulation 6 of the 1998 Regulations that a particular project was not a relevant project for the purpose of those Regulations, or in the absence of such a direction an opinion of the Commissioners under regulation 5 of those Regulations to that effect, - 

(a) shall be treated, after the coming into force of these Regulations, as determining that the project specified in the direction or opinion (but only that project) is not a relevant project for the purposes of these Regulations; but

(b) shall cease to have the effect stated in sub-paragraph (a) (without prejudice to the availability of a further direction or opinion under these Regulations) on the expiry of the period of five years beginning with the date of coming into force of these Regulations if the work relating to the project has not been completed within that period.

    (9) Regulations 4 and 20 to 23 of these Regulations apply in relation to any consent given under the 1998 Regulations (including any conditions to which that consent is subject) as they apply to a consent (including such conditions) given under these Regulations.


Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

6th August 1999


David Hanson
Parliamentary Under Secretary of State, Welsh Office

9th August 1999

[17] Defined by regulation 2(1) of the 1998 Regulations (so far as relevant) as, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Wales, the Secretary of State.back