Think before you act - minister urges win - win approach to landscapes

As spring arrives, farmers and landowners are reminded of the need to consider the environmental effects of bringing uncultivated land or semi-natural areas into intensive agricultural use.

These areas can include some of England's rarest and most vulnerable landscapes, and a balance must be found between viable agricultural projects and their impact on the environment.

The Environmental Impact Assessment (EIA) Regulations, introduced by Defra in early 2002, affect anyone planning to carry out certain types of farming activity on uncultivated land or semi-natural areas with a view to increasing its productivity.

The Regulations require prior written notifications to Defra to establish whether the environmental consequences of the proposed change are likely to be significant. Ignoring this requirement could not only cause irreparable damage to vulnerable landscapes, but could result in an order to reinstate the land to its former condition, or in extreme cases to prosecution.

Alun Michael, Minister for Rural Affairs, said:

"This is a straightforward process, and we take care to apply the Regulations in a sympathetic way which takes account of practical farming needs. But we also have a duty to ensure that land of significant environmental value has proper protection.

"I urge farmers and landowners to take the win-win approach by contacting Defra for a screening decision. Not only will they avoid the considerably greater inconvenience of the consequences of not complying, but some of our most precious landscapes will be protected for the benefit of everyone."

Land likely to be subject to an environmental impact assessment includes unimproved grassland, heathland, moorland, scrubland and wetlands. Agricultural intensification works include such activities as ploughing, cultivation, spreading soil or manure, drainage, reclamation, increased application of fertilisers or pesticides, and increased grazing by livestock.

Anyone planning such work should contact Defra well in advance for free advice on whether the Regulations apply, and to determine whether a full environmental impact assessment plan will be required. A decision will be given within a maximum of 35 days of receipt, and often more quickly.

Farmers should also ensure that anyone carrying out work on their behalf on land that might be covered by the Regulations, in particular farm contractors, is made aware of these requirements. On receipt of written notification, Defra will work with the applicant to try and strike a balance between protecting the environment and recognising business needs. For instance, planned farming activities may need to be altered to minimise environmental impacts before they go ahead. To date, relatively few projects have been stopped altogether or required a full EIA plan before the work can start.

Failure to observe the initial notification requirement in the Regulations prior to carrying out work on such land is likely to result in one or more of the following sanctions: an immediate order to stop the work, and/or to reinstate the land to its former condition, and/or formal prosecution in the Magistrates' Court.

The Regulations are due to be reviewed shortly. This review has been delayed until relevant details of the over-arching review of the Common Agricultural Policy (CAP), and in particular the cross compliance requirement to preserve permanent pasture, are known later in the year.