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The Minister of Agriculture, Fisheries and Food, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community and measures relating to the promotion of rural development, in exercise of the powers conferred on him by the said section 2(2) and of all other powers enabling him in that behalf, hereby makes the following Regulations: Title, commencement and extent 1. - (1) These Regulations may be cited as the Energy Crops Regulations 2000 and shall come into force on 5th December 2000. (2) These Regulations shall extend to England only. Interpretation 2. - (1) In these Regulations -
(b) land declared to be a national nature reserve by the Nature Conservancy Council for England pursuant to section 35 of the Wildlife and Countryside Act 1981;
(b) the formation of a producer organisation for the purposes of managing the production and supply of short rotation coppice;
(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.
(b) approve it in whole or in part, unconditionally or subject to such conditions as he may determine,
but he shall not approve a project unless he is satisfied that -
(ii) the conditions specified in paragraph (2) have been fulfilled.
(2) The conditions referred to in paragraph (1) are that -
(ii) is not agricultural land, where that project involves the establishment of short rotation coppice pursuant to Article 30 of Council Regulation 1257/1999/EC; (iii) is part of a holding, where that project involves the establishment of miscanthus; and (iv) in every case, is located within the catchment area of the energy production unit to which the energy crops established on that land are to be supplied;
(b) the applicant occupies the land to which the project relates either -
(ii) as lessee under a tenancy from year to year or granted for a term of not less than two years;
(c) where the applicant occupies the land to which the project relates in accordance with sub-paragraph (b)(ii), the owner or, where there is more than one, each owner of that land has given his consent in writing to the project in such form as the Minister reasonably may require, and for the purposes of this sub-paragraph, "owner" means a freehold owner and any superior tenant where the applicant occupies that land as a sub-tenant; and
(ii) used by the applicant in a small-scale energy production unit.
(3) For the purposes of paragraph (2)(a)(iv), the land to which a project relates is located within the catchment area of an energy production unit where -
(b) in the case of a large-scale energy production unit, it is located within 25 miles of that energy production unit, or within such distance as the Minister may direct in the light of representations made to that effect by an energy producer.
(4) The Minister may vary an approval by varying any condition to which it is subject, or imposing conditions.
(b) in the case of a project involving the establishment of short rotation coppice, the Forestry Commissioners, having regard to their opinion in relation to the project under regulation 6 or 15 of the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999[14] and, where in their opinion the project is a relevant project for the purposes of those Regulations, having regard to their determination in relation to the project under regulation 15 of those Regulations; (c) in the case of a project relating to land on which a scheduled monument is situated, the relevant local authority and the Historic Buildings and Monuments Commission for England[15]; and (d) in the case of a project relating to land forming part of an area of outstanding natural beauty, an area of special scientific interest, the Broads[16], a European site, a nature reserve or a National Park, the statutory countryside bodies.
(6) Where the Minister decides to refuse an approval under paragraph (1) or to vary an approval under paragraph (4), he shall -
(b) give that applicant or beneficiary an opportunity to make written representations within such time as the Minister considers reasonable; and (c) consider any such representations.
(7) An approval or variation under this regulation shall be in writing.
(b) subject to such conditions as the Minister reasonably may determine.
Information 1. Council Regulation (EC) No. 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (O.J. No. L160, 26.6.1999, p. 80). 2. Commission Regulation (EC) No. 1750/1999 of 23 July 1999 laying down detailed rules for the application of Council Regulation (EC) No. 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (O.J. No. L214, 13.8.1999, p. 31, as amended by Commission Regulation (EC) No. 2075/2000 of 29 September 2000 (O.J. No. L246, 30.9.2000, p. 46)). 3. Commission Decision No. C(2000) 3003 of 11 October 2000 approving the rural development programming document for England (UK) for the 2000-06 programming period. (This note is not part of the Regulations) These Regulations, which extend to England only, supplement the Community legislation listed in the Schedule to the Regulations ("the Community legislation"). The Community legislation inter alia provides for assistance to be paid from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund ("Community assistance") towards investment in agricultural holdings and the afforestation of both agricultural and non-agricultural land. The Regulations operate within the scope of these provisions to encourage the development of the energy crops sector (see below) in the interests of increasing energy production from renewable sources and contributing to the fulfilment of international commitments. The Regulations enable assistance to be paid for projects involving the establishment of miscanthus and short rotation coppice ("energy crops") for subsequent use in equipment or a plant which produces energy through the use of such crops as a fuel supply. The Regulations also enable assistance to be paid for projects involving the formation of producer organisations for the purposes of managing the production and supply of short rotation coppice. The Regulations implement a part of the England Rural Development Programme ("ERDP") approved by the European Commission under Article 44 of Council Regulation (EC) No. 1257/1999 (O.J. No. L160, 26.6.1999, p. 80), and provide for the payment of financial assistance by the Minister of Agriculture, Fisheries and Food ("the Minister") in respect of those projects which he has approved (regulation 3). Such projects may be approved if they:
(ii) are in accordance with that part of the ERDP which relates to expenditure for which support may be granted pursuant to Article 4, 30 or 31 of Council Regulation (EC) No. 1257/1999; and (iii) satisfy certain criteria as to the nature of the land on which the crops are established and the use of those crops after harvesting; (regulation 5).
In addition, the Regulations provide for the making of claims for, and the payment of, financial assistance following approval (regulations 6 and 7) and also contain provisions creating obligations on those in receipt of financial assistance concerning the provision of information (regulation 8) and record-keeping (regulation 9). Notes: [1] S.I. 1972/1811 and 1995/751.back [3] 10 & 11 Geo. 6, c. 48.back [4] 1979 c. 46; relevant amendments were made by the National Heritage Act 1983 (c. 47), the Local Government Act 1985 (c. 51) and the Norfolk and Suffolk Broads Act 1988 (c. 4).back [5] 12, 13 and 14 Geo 6, c. 97; relevant amendments were made by the Environmental Protection Act 1990 (c. 43) and the Environment Act 1995 (c. 25).back [6] 1981 c. 69; relevant amendments were made by the Wildlife and Countryside Amendment Act 1985 (c. 31), the Wildlife and Countryside (Service of Notices) Act 1985 (c. 59), the Norfolk and Suffolk Broads Act 1988 (c. 4) and the Planning (Consequential Provisions) Act 1990 (c. 11).back [7] O.J. No. L160, 26.6.1999, p. 80.back [10] O.J. No. L355, 5.12.92, p. 1, as last amended by Council Regulation (EC) No. 1593/2000 (O.J. No. L182, 21.7.2000, p. 4).back [11] See section 1(1) of the National Parks and Access to the Countryside Act 1949 (c. 97) as substituted by the Environmental Protection Act 1990 (c. 43), section 130 and Schedule 8, paragraph 1(1), (2), and the Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999 (S.I. 1999/416), article 3 and Schedule 1, paragraph 1(2).back [12] See section 128 of the Environmental Protection Act 1990 (c. 43).back [13] 1986 c. 49, to which there have been no relevant amendments.back [15] See section 32 of the National Heritage Act 1983 (c. 47).back [16] See the Norfolk and Suffolk Broads Act 1988 (c. 4).back
ISBN 0 11 018804 7
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