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The Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006

The Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006 reg 5

reg 5 Thresholds

(1) This regulation provides the method for determining whether the extent of a project is equal to or exceeds the threshold applicable to it. (2) The threshold for a type of project specified in column 1 of Schedule 1 is set out in column 2 or 3. (3) Paragraphs (4) and (5) apply where a project consists of only one of the types of project specified in column 1. (4) Where a project is to be carried out wholly outside a sensitive area, the threshold applicable to it is that specified for that type of project in column 2. (5) Where a project, or any part of it, is to be carried out in a sensitive area, the threshold applicable to it is that specified for that type of project in column 3. (6) Where a project is made up of more than one of the types of project specified in column 1— (a) each relevant part of the project must be assessed so as to determine the threshold applicable to that part, and (b) if any relevant part of the project equals or exceeds the threshold applicable to that part, then the entire project is to be treated as having an extent equal to or exceeding the threshold applicable to it. (7) In this regulation, “sensitive area” means— (a) an area of outstanding natural beauty designated as such by an Order made by the Countryside Agency or Natural England under section 82 of the Countryside and Rights of Way Act 2000 and duly confirmed by the Secretary of State under section 83(3) of that Act; (b) the Broads ; (c) a National Park within the meaning of the National Parks and Access to the Countryside Act 1949 ; or (d) a scheduled monument within the meaning of section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 .

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