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The Environmental Impact Assessment (EIA) (Agriculture) (Wales) Regulations 2007 General Guidance: Overview of Regulations October 2014

The Environmental Impact Assessment (EIA) (Agriculture ... · Annex 3 - Criteria for Screening Decision 23. Guidance on the EIA (Agriculture) (Wales) Regulations 2007 4 4. Guidance

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Page 1: The Environmental Impact Assessment (EIA) (Agriculture ... · Annex 3 - Criteria for Screening Decision 23. Guidance on the EIA (Agriculture) (Wales) Regulations 2007 4 4. Guidance

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

General Guidance: Overview of Regulations

October 2014

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ISBN 978 0 7504 5691 3 © Crown copyright 2015 22378

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Contents

Background and purpose of the Regulations

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3

What projects are subject to the Regulations? 5

Category 1 - Projects on uncultivated land and/or semi-natural areas 5

• How can I identify if my land is uncultivated and/or semi-natural?• What sorts of farming projects are covered by the Regulations?• Are there any exceptions?• What if I want to cultivate permanent pasture? • Decision Flowchart

Category 2 - Restructuring of rural land holdings 9

• Projects not covered by the Regulations• What are large-scale projects? • What are sensitive areas? • What are non-sensitive areas? • Can I avoid the thresholds by carrying out a project gradually? • Decision flowchart

Screening Applications 12

• What do I do if I want to carry out a project covered by the Regulations?

• What kinds of decisions are given at the end of the screening process?

The Appeals Procedure 14

Frequently Asked Questions 15

Where can I get further information? 18

Annex 1 - Types of land considered to be Uncultivated or 19 Semi-natural

Annex 2 - A guide to help you decide if your land is 21 Uncultivated or Semi-natural

Annex 3 - Criteria for Screening Decision 23

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Background and purpose of the Regulations

BackgroundOn August 19th 2002, EC Regulations came into force that apply to all uncultivated land and semi-natural areas in Wales except for forestry and woodlands (which already have their own regulations).

The EIA Regulations (2002) for uncultivated land and semi-natural areas have now been extended to include projects for large-scale restructuring of rural land holdings. There are no changes to the Regulations in relation to agricultural improvements on uncultivated land or semi-natural areas. The

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revised regulations (The Environmental Impact Assessment (EIA) (Wales) Regulations 2007) came into effect on the 31st October 2007.

Why should I read this guide?

This guide has been prepared to help you understand the Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007. It tells you why you need to know about the Regulations and what to do if the work you are planning to carry out is affected by the Regulations.

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What is the purpose of the Regulations?The Regulations are designed to allow agricultural changes that do not seriously affect the environment or landscape, whilst providing protection for land with special environmental, historic or cultural importance.

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Key Message

The 2007 Regulations have been introduced to clarify the 2002 Regulations and extend controls to cover projects for large-scale restructuring of rural land holdings.

If you intend to carry out either agricultural improvements on uncultivated land or semi-natural areas, or projects involving restructuring of rural land holdings on any agricultural land type, you will need to consult the Welsh Government (WG) before you proceed.

Under the Regulations it is illegal to proceed with such agricultural projects without obtaining a screening decision. Failure to do so may lead to prosecution, enforcement a requirement to reinstate the land to its previous condition and/or to a Cross Compliance penalty in your Basic Payment Scheme (BPS).

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What projects are subject to the Regulations?The Regulations apply to two categories of project.

Category 1 - Projects which increase the agricultural productivity

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of uncultivated land and/or semi-natural areas (see below).

Category 2 - (A new addition to the Regulations) - Projects which restructure rural land holdings (see page 11).

Category 1 - Projects on uncultivated land and/or semi natural areas

How can I identify if my land is uncultivated and/or semi natural?

Uncultivated and semi-natural areas:• are largely defined by the plants and wildlife they support. • often have not been subject to cultivation/reseeding in recent years.• may have had low levels of physical disturbance such as chain harrowing or low

levels of chemical input from manure or fertiliser. • can include lowland and upland grasslands where they contain less than 25%

improved agricultural grass species and/or white clover.

Key Test

Land is considered uncultivated or semi-natural if it contains less than 25 - 30% of improved agricultural species which are indicative of cultivation (for example rye-grass and/or white clover).

Helpful Hint

Take a number of representative 1m square areas within the field. For each area, visually estimate the amount of agricultural grass species you can see in the sward. If the area has less than 25-30% improved agricultural grass species and/or white clover, then it would be considered uncultivated or semi-natural.

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-

Familiar examples include the following:

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Mountain, heath, moorland and cliff-top rough grazing; • Traditional herb-rich “wild flower” hay meadows and enclosed semi-natural rough

grazing. Wet, rush-dominated, rough pastures that have not been ploughed in recent years;

• Scrub (for example gorse);• Wetlands, including bog, marsh, fen and saltmarsh. Watercourses, ditches, open

water and ponds, especially where there are adjoining semi natural areas.

Category 1 projects only apply to uncultivated or semi-natural land and do not apply to:

• arable land;• short-term grass leys; and,• improved land that has been intensively cultivated and fertilised in recent years.

If I have uncultivated or semi-natural areas of land, what sorts of agricultural projects are covered by the EIA Regulations?

Common examples of works that normally indicate an agricultural project are:

Cultivations - any of the following operations: ploughing, rotovating, harrowing (except occasional chain harrowing), tining, discing or reseeding; For example:

• Moorland or hill land improvement by surface cultivation and reseeding;• Reseeding traditional herb rich “wild flower” hay meadows.

A guide to help you decide if your land is uncultivated or semi-natural is provided in Annex 2

Types of land considered uncultivated or semi-natural are described in detail in Annex 1

A project is any farming operation undertaken to increase agricultural output from semi-natural areas and uncultivated land that significantly changes:

• the way land is farmed so that it is used more intensively;• the species composition of the surface vegetation over the longer term.

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Clearing scrub or other vegetation - physical removal, application of herbicides, deliberate overgrazing or trampling of scrub by livestock in preparation for cultivation. For example:

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Clearance of large blocks of gorse followed by re-seeding;• Bracken control followed by re-seeding.

New Drainage works - new works including mole drains, pipes, open ditches or other artificial drainage and moorland gripping; For example:

• Installing new ditches, new pipe drains or new mole drains in a wet rushy field;• Moorland gripping.

Changes to existing drainage/watercourses - that significantly or greatly increase the scale, intensity or efficiency of existing drains, ditches or other watercourses in order to bring uncultivated or semi-natural land into intensive agricultural use. For example:

• Deepening and widening of existing ditches significantly in excess of the original size;

• Replacing an old blocked or broken piped drainage system with a new significantly more efficient piped drainage system;

• Piping of existing ditches or watercourses.

Spreading - Spreading material to cover or infill an uncultivated/semi-natural area. For example:

• Spreading soil on uncultivated or semi-natural grassland;• Infilling ditches, ponds, pits, pools and marshes;• Spreading, placing or injecting lime, liming agents or fertiliser (both organic and

inorganic) on land in excess of routine application rates.

Work affecting historic features - Work carried out other than routine maintenance on or near important historic sites. For example:

• Clearing or ploughing an archaeological site;• Draining an area containing an archeological site;• Dumping or spreading material on an archaeological site;• Removal of ancient field boundaries, structures and buildings.

Are there any exceptions?

The Regulations do not apply to the following:

• Routine operations that have been carried out regularly over a number of years. Examples might be routine cleaning out of ditches on a regular basis, routine bracken control not followed by re-seeding, or regular applications of fertiliser.

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In addition, they do not apply to:

What if I want to cultivate permanent pasture?

In relation to Permanent Pasture i.e. land that has been established for more than five years, you must consider the EIA Regulations before carrying out agricultural operations as stated in Good Agricultural and Environmental Condition (GAEC) 6.

Decision Flowchart - Ask yourself the questions below to help decide if the Regulations apply to the work you

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propose

Has the grassland/other vegetation been established for more

than 5 years?

No

Is land Semi-natural or Uncultivated? (See page 7, Annex 1 & Annex 2)

Land is outside EIA Regulations. No further action is required under

the EIA Regulations

No

Is the project for agricultural intensification? (page 8)

No further action is required under the

EIA Regulations

No

Complete and submit a screening decision application form

(see page 14)

Yes

Yes

Yes

• Agricultural work on arable land, temporary grasslands or permanent pastures containing more than 25 - 30% of improved agricultural grasses and clover.

• Projects that need planning permission;• Forestry or woodland projects.

Land is unlikely to be semi-natural so outside

the EIA Regulations.

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Category 2 - Restructuring of rural land holdingsProjects for the restructuring of rural land holdings are physical operations, which give a significantly different physical structure to one or more agricultural land holdings (includes all land types). They include:

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the removal or addition of substantial lengths of field boundaries such as earth banks, walls, fences, ditches or tracks;

• the planting of substantial lengths of hedgerow;• the recontouring of agricultural land, for instance by moving large quantities of

earth and rock.

The Regulations apply to all agricultural land including improved land. The scale of the operation will determine if the project is affected by the Regulations (see below).

Projects not covered by the Regulations

The Regulations do not apply to the following:

• small changes not part of a large-scale restructuring exercise for example addition or removal of a single section of fence, wall or hedge. However, Cross Compliance, GAEC 7: Boundaries, states all traditional boundaries must be retained. Consent must be sought from the relevant authority before any part of a boundary is removed;

• the removal of hedgerows (such removals are already covered by the Hedgerow Regulations 1997);

• maintenance work or repair to existing structures or boundaries such as fixing a drystone wall, slate fence or earth bank, replacing a fence, or clearing a blocked ditch;

• work on non-agricultural land for example gardens and residential areas;• any work which is already covered by existing legislation such as other EIA

legislation applying to Forestry, Town and Country Planning, Land Drainage Improvement Works and Water Resources.

• any work constituting the erection of any building or fence, or the construction of any other work on common land for which consent is required under section 194 of the Law of Property Act 1925.

What are large-scale restructuring projects?

Threshold values have been set to help you decide if a project is large-scale restructuring. Different thresholds apply depending on whether the project affects land within a sensitive area or a non-sensitive area. If any part of a project is equal to or exceeds one or more of these thresholds, a screening decision application form must be submitted.

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What are sensitive areas?

Sensitive areas are areas of land that have an environmental designation. These

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include:

• World Heritage Sites;• National Parks;• Areas of Outstanding Natural Beauty (AONB);• Sites of Special Scientific Interest (SSSI);• Special Protection Areas (SPA);• Special Areas of Conservation (SAC);• Scheduled Ancient Monuments (SAM).

Restructuring projects in sensitive areas are considered large-scale if they are equal to, or exceed, one or more of the following thresholds:

• changes to two kilometres or more of field boundaries;• movements of 5,000 cubic metres or more of earth or rock;• restructuring of an area of 50 hectares or more.

What are non-sensitive areas?

Non-sensitive areas are areas that are NOT protected by an environmental designation (i.e. any land outside areas listed (above) as being sensitive).

Restructuring projects in non-sensitive areas are considered large-scale if they are equal to, or exceed, one or more of the following thresholds:

• changes to four kilometres or more of field boundaries;• movements of 10,000 cubic metres or more of earth or rock;• restructuring of an area of 100 hectares or more.

Can I avoid the thresholds by carrying out my project gradually in several smaller (below threshold) phases?

No. If works are carried out in phases then the scale of each will be added together. A screening application is required if the cumulative scale is likely to exceed the appropriate threshold.

Land managers must be aware of any environmental designations (for example SSSI or SAM) on their land and if they are allowed to work within the stated thresholds.

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Decision Flowchart - Ask yourself the questions below to help decide if the Regulations apply to the work you propose

Does your project give a significantly different physical structure to one or

more agricultural land holdings?

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Project is likely to be outside the EIA Regulations

No

Is the land located in a sensitive area? (see page 11 & 12)

Is the land located in a non-sensitive area?

(see page 12)

No

Sensitive area thresholds apply.

If

project is considered to be large

scale, complete and submit

a screening application form (see page 14)

Yes

Yes

Non-sensitive area thresholds apply. If project is considered to be large-scale, complete and submit

a screening application form (see page 14)

Yes

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Screening Applications What do I do if I am a) Considering carrying out a project on uncultivated or semi-natural land or b) Considering undertaking large-scale restructuring on my

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holding?

It will be necessary for you to complete a screening application form. By completing the enclosed form you will notify the Welsh Government that you seek to carry out work that may be affected by the Regulations. We will assess your screening application and provide you with a formal written response, within 35 days. Straightforward cases can often be dealt with much more quickly.

You will need to provide:

• a map identifying the land affected; • a brief description of the nature, extent and purpose of the project and its

possible effects on the environment;• any other information you may wish to include, for example the management

history of the land and the reasons for the project.

Once you have submitted this information we will then carry out any investigations deemed necessary in order to assess the project. Full use will be made of the Geographical Information System (GIS) to identify any likely significant environmental effects and to process the case more quickly. If we have insufficient information to determine your case, we may carry out a site inspection or contact you to provide additional information.

Please take care preparing your application as a screening decision is only valid for the project notified. It becomes invalid if:

• your project affects land other than that notified to us;• the operations carried out are different to those notified;• you fail to undertake measures that you notified for reducing

environmental effects.

We will consider your application and provide you with a written response based on the criteria set out in Annex 3.

Key Note

Contact us if in any doubt. We can advise you if it is necessary to complete the enclosed screening decision application form and submit it to WG.

Annex 3 contains the criteria for screening decision responses.

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What kinds of decisions are given at the end of the screening

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process?

There are three common types of response, namely:

1. The project falls ‘outside the scope’ of the EIA Regulations. This can occur if:

• the proposed work is not a project for agricultural intensification or the project does not affect uncultivated or semi-natural areas (Category 1: EIA Regulations for uncultivated land and semi-natural areas);

• the project is below the relevant threshold values (Category 2: EIA Regulations for restructuring of rural land holdings).

2. The project falls ‘within the scope’ of the EIA Regulations but it is unlikely to have significant effects on the environment. Here, we will advise you accordingly and you will be free to proceed. This decision is valid for 3 years from the date of our written response. If work does not start within three years of the date of our written response, you will need to apply again.

3. The project falls ‘within the scope’ of the EIA Regulations and is likely to have significant environmental effects. Here, we will advise you that you must NOT proceed without first obtaining EIA consent. To obtain this, you will first need to prepare an Environmental Statement (ES) – see Guidance Note 3 (Preparing an Environmental Statement). You will also need to submit an EIA Consent application - see Guidance Note 4 (EIA Consent).

Stop notices and Remediation notices

Stop notices may be served if a person has begun a project without the necessary permission. Normally, this means EIA screening permission. The notice orders work to stop immediately, usually pending an investigation by WG. It is an offence to contravene a stop notice.

Remediation notices can be served if WG considers a relevant project has been carried out, without the necessary permission. Remediation notices may require the land to be reinstated to its previous condition. It is an offence to contravene a remediation notice. Failure to comply may result in WG carrying out the work itself and charging the person concerned for costs incurred.

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The Appeals Procedure In implementing the EIA Regulations WG may issue the following notices:

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Screening decisions;• Consent decisions;• Stop notices;• Remediation notices.

The Regulations enable you to appeal against the notices listed above.

If any of the above notices affect you, we will explain in writing why we have issued these notices. We will also advise you fully of your grounds for appeal.

You can appeal against a screening decision or a consent decision within three months of the date you are notified of the decision by WG.

You can appeal against a stop notice or remediation notice within 28 calendar days of the relevant notice being served by WG.

Your appeal should be sent to:

Head of Sustainable Land Management BranchDepartment for Natural ResourcesRhodfa PadarnAberystwyth SY23 3UR

The Head of Sustainable Land Management may personally decide your appeal, or appoint someone to decide it. An appeal can be considered by:

• written representations;• an informal hearing; or• a local inquiry.

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Frequently Asked Questions

Do the Welsh Ministers have a role in implementing the EIA Regulations?

The legal functions are bestowed on the Welsh Ministers in the Welsh Statutory Instrument No. 2933 (W.253) Agriculture and WG carries out these functions on the Welsh Ministers’ behalf.

What are the differences between the 2002 and 2007 EIA Regulations?

What if I don’t comply?

WG has powers to act if work is undertaken without an appropriate screening decision or EIA consent. It can stop unauthorised operations and undertake remediation work at the offender’s cost. Fines may be applied by a Court of

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Law.

What if I wish to re-seed permanent pasture?

In relation to Permanent Pasture i.e. land that has been established for more than five years, you must consider the EIA Regulations before carrying out agricultural operations as stated in Good Agricultural and Environmental Condition (GAEC) 6.

What if my land is in an agri-environment scheme?

If you are an agreement holder in an agri-environment scheme, proposing to carry out works not already approved in your agreement, you should first consult your contract manager or the RPW Customer Contact Centreon whether it is appropriate to submit a screening application form.

Key Note

Cross Compliance GAEC 6, also requires compliance with EIA Regulations and failure to do so may affect your BPS.

The 2007 Regulations have been introduced to provide clarification to landowners on the 2002 Regulations and to include projects for large-scale restructuring of rural land holdings.

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Any agricultural improvement works affecting semi-natural habitats and semi

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-natural rough grazing could breach the conditions of an agri-environment scheme. You are advised that an EIA screening response does NOT authorise you to breach any agri-environment scheme conditions that might apply to your land.

What if my land has a Site of Special Scientific Interest (SSSI) designation?

Sites of Special Scientific Interest are given protection against any damaging operations. Before any operation/activity not normally undertaken can be carried out on a SSSI, consent must be obtained from the Natural Resources Wales (NRW). You are strongly advised to contact NRW before submitting an EIA screening application affecting a SSSI.

What if my land has a Scheduled Ancient Monument (SAM) designation?

Before any work or alterations can be undertaken at a scheduled ancient monument, Scheduled Monument Consent has to be obtained. Scheduled Monument Consent is administered by Cadw. You are strongly advised to contact Cadw before submitting an EIA screening application affecting a SAM.

Will WG levy a charge for applications for screening?

No. In implementing these EIA Regulations WG will seek to be helpful and constructive. WG will not levy any charge for screening applications, scoping advice or EIA consent applications. However, if you choose to use private consultants then you are advised that they are likely to charge for assistance that they provide.

Will WG contact other bodies regarding my application?

We may need to consult other statutory bodies such as NRW and Cadw.

Will EIA screening decisions be recorded on a public register?

Formal screening decisions will be recorded on a register which is available online for public examination.

How long will it all take?

We will seek to respond as quickly as possible but where we need to consult others there may be delays. We hope that many screening decisions will be made within 14 days although some may take up to 35 days.

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Although it is our intention to be as helpful as possible, if you have to go through all the stages, scoping and preparing an environmental statement then the process may take a long time. It will be necessary to take this into account when planning work so that you allow enough time to get the necessary permission to start. EIA screening permission is valid for 3 years from the date of the decision letter. There is no problem applying for permission well before you intend to start the works.

Is there a right of appeal?

Yes, you have rights of appeal against the following:

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A screening decision that requires you to obtain EIA consent;• Refusal of EIA consent;• Enforcement action.

What is the relationship between these regulations and other statutory regulations?

These Regulations are additional to other statutory requirements such as those covering:

• Hedgerows;• operations on Scheduled Ancient Monuments;• measures to protect Sites of Special Scientific Interest;• development control policies in National Parks;• consent or licences issued by NRW; • licences for operations affecting wildlife species;• Habitat Regulations.

Where such other types of consent are required you will need to obtain these as well as making a screening or EIA consent application.

What other guidance notes are available?

There are separate Guidance Notes and application forms covering each aspect of the EIA process. You are advised to obtain copies and familiarise yourself with the process. The guidance notes currently available include the following:

Guidance Note Number Topic

1 General Guidance: Overview of Regulations

2 Scoping

3 Preparing an Environmental Statement

4 EIA Consent Applications

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Where can I get further Information?If you want further information, we suggest that you contact the Rural Payments Wales Customer Contact Centre:

Tel: 0300 062 5004Fax: 01286 662193E-mail: [email protected] hours: Monday-Friday, 8:30-17:00

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-

Annex 1

Types of Land considered to be Uncultivated or Semi

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Natural

-

Acid Grassland

Found on very dry acid soils in the lowlands or damp acidic grasses on gleys or shallow peats elsewhere, usually with a pH less than 5.5. Acid-tolerant plants such as heath bedstraw, tormentil and sheep’s sorrel are characteristic. This type of grassland includes all moorland that has been heavily grazed to the exclusion of the heather cover.

Neutral Grassland and Hay Meadow

Characterised by vegetation dominated by grasses and herbs on a range of soils (usually pH of 4.5

-

6.5). It includes enclosed dry hay meadows and pastures that have been managed with the annual or periodic addition of organic manures or low levels of inorganic fertilisers in both the uplands and lowlands. Improved and some semi-improved grassland types which have been modified by management (particularly reseeding and the addition of inorganic fertiliser) in recent years are not considered semi

natural.

Calcareous Grassland

This is found on well drained soils rich in limestone or other lime-rich rocks, usually with a pH>6. Lime-loving plants such as salad burnet, wild thyme, common rock rose and ladies bedstraw are chacteristic and largely confined to this type of

grassland.

Marshy Grassland These wet grasslands are typically dominated by purple moor-grass, rushes, meadowsweet or yellow flag iris. They have a tussocky or smooth texture, and often have a taller sward structure than drier grassland habitats. They may occur on peaty soils but never on deep peat.

Bracken Areas with a continuous canopy cover of bracken at the height of the growing season. It does not include areas with scattered patches of bracken less than 0.25 ha.

Scrub Vegetation dominated by shrubs for example common gorse, hawthorn, blackthorn or elder.

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Dwarf shrub heath This habitat is characterised by at least 25% cover of dwarf shrubs, including heather (ling), bilberry and western gorse. This includes all moorland and lowland heathland.

Fen, marsh, and swamp

This habitat is found on groundwater fed, permanently or periodically waterlogged peats or mineral soils. Fens occur on peats, where rainfall, groundwater and run-off maintain waterlogged conditions for most of the year. Swamps are characterised by tall stands of emergent vegetation (standing in water for part of the year) – this includes reedbeds. Marshes refer to fen meadows and rush pasture, which have the appearance of species-rich grassland but will be waterlogged at least for the winter period.

Bog Peat forming vegetation associated with Sphagnum (bog) mosses.

Montane Habitats Vegetation above the tree line (ie usually over 600m above sea-level).

Coastal Habitats These include saltmarshes, sand dunes, coastal cliffs and slopes.

Broad-leaved, mixed and yew woodland

Woodland above a certain threshold is considered under the EIA (Forestry) (England and Wales) Regulations 1990. Other areas of semi-natural scrub (having colonised naturally) are included as semi-natural areas. Contact WG if in doubt.

Standing water and canals

This includes natural systems such as lakes, meres and pools, as well as man-made waters such as reservoirs, canals, ponds and gravel pits. It includes the open water zone (which may contain submerged, free-floating or floating-leaved vegetation) and water fringe vegetation. Ditches with open water for at least the majority of the year are also included in this habitat type.

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A guide to help you decide if your grassland is Uncultivated or Semi-NaturalThe overriding definition:

LAND WITHIN THE EIA REGULATIONS (i.e. uncultivated or semi-natural land)

Annex 2

LAND OUTSIDE THE EIA REGULATIONS

Overriding Definition (Key Test)

Less than 25-30% rye grass, white clover and other agricultural species

More than 25-30% rye grass, white clover and other agricultural species

The table below is a guide to help you decide whether your land is uncultivated or semi-natural. Please remember that the above definition takes priority over this guide. If in doubt whether land is uncultivated or semi-natural, please contact us for advice - or submit a screening application.

LAND WITHIN THE EIA REGULATIONS (i.e. uncultivated or semi-natural land)

LAND OUTSIDE THE EIA REGULATIONS

Past Agricultural Management History

Land has been subjected to at least one of these past management practices.

Land has been subjected to many of these past management practices.

Unlikely to have been ploughed and reseeded within recent years.

Arable land or pasture that has been ploughed and reseeded on a routine basis as part of normal agricultural management.

Little or no input of inorganic fertiliser/farmyard manure.

High inputs of inorganic fertiliser/farmyard manure/slurry/sludge.

Little or no liming – swards often becoming acid.

Routine liming as necessary.

Low productivity – just one cut of hay or silage taken annually.

High productivity – often two to three cuts of silage per year or a single high yield crop of hay. Generally considered as good, productive land.

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Forage crops typically taken as hay. Forage crops typically taken as

Sometimes poorly drained – prone to waterlogging/rush infestation but can be very dry for example on a well

silage.

-drained substrate such as limestone.

Usually well-drained.

Wildflowers and Grasses

Sometimes has a good range of different wild flowers and grasses typical of the soil type. Wild flower species may include knapweed (hard-heads), yellow (or hay) rattle, ox-eye daisy, birds-foot trefoil (eggs and bacon), harebell and tormentil. Sometimes can be dominated by one non-agricultural grassland species for example Yorkshire fog. Typical grasses include finer-leaved species such as bents or fescues and sweet-vernal grass. Swards are sometimes mossy.

A very limited range of wild flower species. Typical flower species found in improved grasslands include creeping buttercup, creeping thistle, docks, nettles

These grassland species usually spread thoughout the field – occasionally a higher cover of wildflowers than

and chickweed. These species are usually considered weeds or problem species in agricultural grasslands.

grasses.

Most of the field dominated by very few species – typically agricultural species such as ryegrass or white clover.

Associated Wildlife

A wide variety of invertebrates (butterflies, grasshoppers, beetles and other insects) often seen in the summer months. Anthills occasionally.

Nesting wading birds for example curlew, snipe, lapwing.

Associated wildlife is very limited. Poor variety of invertebrates and no anthills.

Some improved grasslands can support populations of important wildlife for example lapwing.

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Annex 3

Criteria for Screening DecisionsThe EC Directive lists fully the criteria that we will apply when making screening

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decisions.

The key criteria are as follows:

• The nature and size of the project including proposed mitigation measures.• Cumulative effects taken together with other projects including:

- The amount (area or distance) of land affected.- Amount of waste or pollution.- The nature and potential magnitude of the environmental effect.- Numbers and size of populations affected.- The capacity of the environment to tolerate the impact of the project.- The regenerative capacity of the environment in terms of the likelihood and

duration of environmental recovery.

• The extent and severity of effects on sensitive areas, including

- Impact on land with an environmental designation, for example Special Protection Area (SPA), candidate Special Area of Conservation (cSAC), a RAMSAR site, Site of Special Scientific Interest (SSSI), National Park, Area of Outstanding Natural Beauty (AONB), and Heritage Coast.

- Affects on biodiversity, in particular, level of impact on priority habitats and wildlife covered by Species Action Plans in the UK Biodiversity Action Plan.

• Affect on features of human value such as landscape, archaeological and historic features, in particular, designated sites such as scheduled monuments.

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Guidance on the EIA (Agriculture) (Wales) Regulations 2007

Further CopiesFurther Copies can be obtained from your divisional office.

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