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 offence 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 of 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 or 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.
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