Land-based Environmental Regulations in Wales An Overview Julie - - PowerPoint PPT Presentation

Land-based Environmental Regulations in Wales An Overview

Julie Bowes MCIEEM Environmental Impact Ecologist, LNFD, Welsh Government.

Welsh Government Regulations:

• Environmental Impact Assessment (EIA)

(Agriculture)(Wales) Regulations 2007/2017

• Heather & Grass Burning Regulations 2008
• Cross-compliance (Basic Payment Scheme)

These are policed by Welsh Government – EIA Unit and the Rural Inspectorate for Wales (RIW).

Regulations policed by other bodies in Wales include:

• Wildlife & Countryside Act 1981 - Natural Resources Wales

(NRW)

• Tree Felling Licensing – NRW
• EIA (Forestry) Regulations 1999 (amended) – NRW
• Hedgerow Regulations 1997 & Tree Preservation Orders (TPOs)
• Local Authorities
• Scheduled Ancient Monuments (SAMs) – CADW
• Sludge Use in Agriculture Regulations (SUAR) 1989 - Dwr

Cymru & NRW

• Waste Regulations 2011 - NRW
• Environmental Permitting (Amended) 2018 – NRW

Regulations policed by other bodies:

• Wildlife & Countryside Act 1981 - Natural Resources Wales (NRW)
• Tree Felling Licensing – NRW
• EIA (Forestry) Regulations 1999 (amended) – NRW
• Hedgerow Regulations 1997 & Tree Preservation Orders (TPOs) -

Local Authorities

• Scheduled Ancient Monuments (SAMs) – CADW
• Sludge Use in Agriculture Regulations (SUAR) 1989 - Dwr Cymru &

NRW

• Waste Regulations 2011 – NRW
• Environmental Permitting (Amended) 2018 – NRW

EIA (Agriculture) Regulations Applies to any agricultural activity on any land.

Common misconception is that this only applies to land registered to an agricultural holding or receiving any land- based payments e.g BPS, Glastir.

Category 1: Projects for the use of uncultivated land and semi-natural areas for intensive agricultural purposes (2002 / 2007 / 2017) Category 2: Projects for the restructuring of rural land holdings (2007 / 2017)

Category 1: Projects on semi-natural land Two parts – Screenings and Enforcement

Is an EIA Screening Application Required? Two key questions to answer: -

• 1. Land concerned must be uncultivated or semi

natural

(i.e. contains less than 25% of improved agricultural species which are indicative of cultivation e.g. Perennial Ryegrass and/or White Clover). NB – same definition used in Glastir for habitat land.

AND

• 2. Proposed work must be a project to intensify the

agricultural use of the land.

EIA – Common projects include:

• Herbiciding, cultivation & re-seeding (by any

method)

• Scrub, bracken, rush control prior to re-seed
• Step-change in agricultural inputs: Slurry, Sewage

Sludge, Fertilisers…

• Step-change in stocking rate
• New or modified drainage

* routine works & maintenance are permitted – covered later.

Screening Application Process

• Application Received in Divisional Offices
• Receipted – 35 days to respond with decision!
• Background checks – GIS info, Aerial Photos, schemes, etc
• Consultation (if required)
• Site visit, survey and discussion.

Screening Process

Decision: 1.Outside the scope of the Regulations

• 2. Not likely to have a significant effect on the environment.

If not significant – project can go ahead (decision valid for 3 years).

• 3. Likely to have a significant effect on the environment.

Screening Decision ‘Likely to have significant effect on the environment’

4 options are available to the applicant:

• 1. Produce an Environmental Statement and apply for full

EIA consent (Scoping advice available first).

• 2. Appeal the Screening Decision (28 days)
• 3. Do nothing.
• 4. Modify the project after discussion with EIA Unit

EIA - Enforcement Breaching the Regulations is illegal

Activity is often reported to WG by: NRW, RIW, LA’s, the public…even from farmers All cases are investigated WG have various powers:

• 1. Stop Notice
• 2. Remediation Notice
• 3. Prosecution
• 4. Cross compliance: GAEC 6
• 5. Glastir ‘maintain existing habitat land’

EIA: Exceptions

• Existing arable, short term leys, improved grassland
• Hedgerow removal – Hedgerow Regs 1997
• Removal of Trees – TPO and / or Felling Licence
• Works requiring planning permission or ‘Permitted

Development'

• Forestry / woodland projects
• Works carried out by drainage bodies
• Routine operations

Routine operations on semi-natural (habitat) land

• Controlling scrub, bracken, rush by cutting, weedwiping,

spot-spraying etc…

• Cleaning out existing ditches and replacing drains
• Using maintenance levels of FYM, fertiliser, lime
• Grazing at a level which does not damage the habitat
• Cutting hay / haylage

Drainage

Scrub

Statistics 2002 – August 2018

Applications Screening applications (total) 1031 (60% of cases) Within EIA Regulations 45% of applications ES Requested 68 Enforcement Tip-offs 689 (40% of cases) Stop Notices 50 Remediation Notices 58

EIA (Agriculture) – Category 2 Rural Restructuring Projects

One case in 13 years! Operations which give a significantly different physical structure to one or more agricultural holdings

• 1. Removal or addition of substantial lengths of traditional

field boundaries (threshold of 2km in sensitive area – 4km otherwise).

• 2. Planting of a substantial length of hedgerows
• 3. Recontouring of agricultural land (threshold of

5,000m³/10,000m³ or an area of 50ha / 100ha).

• 4. Most projects are covered by something else e.g.

Hedgerow Regs, Planning, Cross Compliance, Environmental Permitting, etc.

Contact us directly for screening advice or to report a possible breach:

• EIA Mailbox EIA.Unit@wales.gsi.gov.uk
• Customer Service Centre 0300 062 5004
• Regional Staff

Paul McCulloch– Newtown (North Wales) Dave Rogerson & Geraint Lewis – Aberystwyth (Mid/South Wales) Julie Bowes – Carmarthen (West/South Wales). Important – Give as much detail as possible – where, when, what, who.

Heather & Grass Burning Regulations 2008 for: heather, rough grass, bracken, gorse and bilberry species.

Legal requirements:

• Burning is only allowed between:

1 October – 31 March in upland areas - defined as the Severely Disadvantaged Area of the Less Favoured Area of Wales 1 November – 15 March elsewhere

• A licence can be issued to burn outside these dates in

restricted circumstances – applications must be made to WG at least 28 days beforehand.

• You must have a valid Burning Management Plan

(if on a SSSI this must be with agreement from NRW)

Heather & Grass Burning Regulations 2008

Legal requirements (cont…)

• Follow the Heather & Grass Burning Code 2008 for best

practice whilst burning

• Do not burn at night
• Have enough people and equipment available
• Take precautions to prevent injury or damage to people,

animals, property

• Give 24 hours notice to owners, occupiers of land and

adjacent property, the fire service

• You must have formal consent from any other bodies. e.g

CADW

• Failure to comply is an offence and also a breach to

Cross-compliance GAEC 6

Cross-compliance (Basic Payment Scheme)

• Must adhere to cross-compliance in order to receive BPS

– breaches will be liable to a payment penalty

• Rural Inspectorate for Wales (RIW) inspect and process

breaches.

• Abiding by many of the environmental regulations

mentioned is also a requirement of cross-compliance. This means that not abiding by the law is not only an

• ffence but may also incur a financial penalty for a

landowner / tenant who is a BPS claimant.

Cross-compliance - Main environmental requirements

Statutory Management Requirements (SMRs)

• SMR 2 – Wild Birds – Do not disturb or take nesting

birds, eggs, fledglings, nest sites. Exceptions for birds on General Licence (e.g some corvids) or Schedule 2 (W & C Act) (e.g. game birds)

• SMR 3 – Flora & Fauna – Do not damage protected

plant and animal species or protected sites (W & C Act) Do not carry out any operations likely to damage a Site

• f Special Scientific Interest (SSSI) or Special Area of

Conservation (SAC) without first obtaining consent from NRW

Cross-compliance - Main environmental requirements

Good Agricultural & Environmental Condition (GAEC)

• GAEC 1 – Buffer Strips to water courses, surface water and

boreholes

• GAEC 3 – Groundwater – Environmental Permitting Regulations
• GAEC 4 – Minimum Soil Cover over winter – Stubble, rough surface
• r crop
• GAEC 5 – Soil Erosion – Poaching, rutting, overgrazing
• GAEC 6 – Soil Maintenance - EIA Agriculture / Forestry & Heather &

Grass Burning Regulations

• GAEC 7 – Landscape Features (traditional boundaries, SAMs,

watercourses and ponds, tree felling

Regulations policed by other bodies:

• Wildlife & Countryside Act 1981 - Natural Resources Wales (NRW)
• Tree Felling Licensing – NRW
• EIA (Forestry) Regulations 1999 (amended) – NRW
• Hedgerow Regulations 1997 & Tree Preservation Orders (TPOs) -

Local Authorities

• Scheduled Ancient Monuments (SAMs) – CADW
• Sludge Use in Agriculture Regulations (SUAR) 1989 - Dwr Cymru &

NRW

• Waste Regulations 2011 – NRW
• Environmental Permitting (Amended) 2018 – NRW

Many thanks Questions?

Julie Bowes – Environmental Impact Ecologist, LNFD, Welsh Government.