European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011.
Statutory Instruments
Source: Statutory Instruments

num: 2
paragraphs: In these Regulations—
num: 3
paragraphs: Section 2 of the Act is amended
(a) by the insertion of the following:
“ “mine” means an excavation or system of excavations made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;” and
“ “minerals” includes stone, slate, clay, gravel, sand and other natural deposits except peat;” and
(b) by the substitution of the following for the definition of “quarry”:
“ “quarry” means an excavation or system of excavations made for the purpose of, or in connection with, the getting of minerals (whether in their natural state or in solution or suspension) or products of minerals, being neither a mine nor merely a well or bore-hole or a well and bore-hole combined, and shall be deemed to include—
(i) any place on the surface surrounding or adjacent to the quarry occupied together with the quarry for the storage or removal of the minerals or for the purposes of a process ancillary to the getting of minerals, including the breaking, crushing, grinding, screening, washing or dressing of such minerals but, subject thereto, does not include any place at which any manufacturing process is carried on;
(ii) any place occupied by the owner of a quarry and used for depositing refuse from it but any place so used in connection with two or more quarries, and occupied by the owner of one of them, or by the owners of any two or more in common, shall be deemed to form part of such one of those quarries as the Minister may direct;
(iii) any line or siding (not being part of a railway) serving a quarry but, if serving two or more quarries shall be deemed to form part of such one of them as the Minister may direct;
(iv) a conveyor or aerial ropeway provided for the removal from a quarry of minerals or refuse.”
num: 4
paragraphs: Section 5(8) of the Act, as inserted by Regulation 4 of the European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. 473 of 2011), is amended by the substitution of “pursuant to a notification under Regulation 4(2) of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 ) or pursuant to a direction under Regulation 28(1) or 29(1) of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 )” for “pursuant to a notification under Regulation 14(2) of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 )”.
num: 5
paragraphs: Section 172 of the Act is amended in subsection (1) by the substitution of “proposed development” for “development” in each place that it occurs.
num: 6
paragraphs: Section 179 of the Act is amended in subsection (6) by the substitution of the following paragraphs for paragraphs (c) and (d)—
“(c) consists of works which a local authority is required to undertake—
(i) by or under any enactment,
(ii) by or under the law of the European Union, or a provision of any act adopted by an institution of the European Union, or
(iii) by order of a court,
(d) is development in respect of which an environmental impact statement is required under section 175 or under any other enactment, or
(e) is development in respect of which an appropriate assessment is required under section 177AE, or under any other enactment.”
num: 7
paragraphs: The Regulations are amended by the substitution of following articles for article 8D:
“8D.Works consisting of the removal for the purposes of agriculture of field boundaries including stone walls, clay banks or wire or post fences shall be exempted development.
8E.Articles 8B to 8D shall not apply in an area to which a special amenity area order relates.”