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2. Breach of any of the following provisions constitutes a non-compliance.
1 This is restricted to visible footpaths and other highways to which this section applies. | ||
2 This must be complied with by all beneficiaries whether or not the holding is in a nitrate vulnerable zone in accordance with those Regulations. | ||
3 The exception in regulation 4(c) to the prohibition on burning crop residue of a kind specified in Schedule 1 to those Regulations applies only if the burning of straw stack remains or broken bales does not result in the burning of arable stubble. | ||
Provision | Subject | |
---|---|---|
The Forestry Act 1967 M1 | ||
section 9 | Felling trees | |
section 24 | Failure to comply with a notice | |
The Ancient Monuments and Archaeological Areas Act 1979 M2 | ||
section 2 | Carrying out works on a scheduled monument | |
The Highways Act 1980 M3— | ||
section 131A | Disturbance of surface of a footpath or other specified highway1 | |
section 134(3) | Failing to restore a footpath or bridleway after ploughing, etc1 | |
section 137 | Obstructing a footpath or other specified highway1 | |
section 146 | Maintenance of stiles etc | |
The Wildlife and Countryside Act 1981 M4 | ||
section 28E(1) | Carrying out specified operation on a site of special scientific interest | |
section 28P(6A) | Destroying or damaging flora, fauna or features, or disturbing fauna, on a site of a special scientific interest | |
section 28P(8) | Failure to comply with a management notice | |
section 31(5) | Failure to comply with a restoration order | |
The Town and Country Planning Act 1990 M5 | ||
section 210(1) | Failure to comply with a tree preservation order | |
section 211 | Act which might be prohibited by tree preservation regulations | |
The Water Resources Act 1991 M6 | ||
section 24(1), so far as it relates to irrigation purposes | Abstracting water without, or in breach of, a licence | |
The Crop Residues (Burning) Regulations 1993 M7 | ||
regulation 4(b) | Crop burning | |
regulation 4(c) | Crop burning3 | |
regulation 5 | Crop burning | |
The Hedgerows Regulations 1997 | ||
regulation 5 | Removing a hedgerow | |
The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 M8 | ||
regulation 4(1) | Carrying out a relevant project | |
regulation 22 | Failure to comply with an enforcement notice | |
The Environmental Impact Assessment (Agriculture) (England) (No 2) Regulations 2006 M9 | ||
regulation 4, so far as it relates to an uncultivated land project | Carrying out an uncultivated land project, etc | |
regulation 9, so far as it relates to an uncultivated land project | Carrying out a significant project | |
regulation 26 | Breach of a stop notice | |
regulation 28 | Failure to comply with a remediation notice | |
The Heather and Grass etc Burning (England) Regulations 2007 M10 | ||
regulation 5(2) | Burning specified vegetation | |
regulation 6(1)(a) | Burning specified vegetation | |
[F1The Nitrate Pollution Prevention Regulations 2015] 2 | ||
[F2regulation 16(4)] | Spreading manufactured fertiliser near surface water | |
[F3regulation 17] | Spreading organic manure near surface water, boreholes, springs or wells | |
The Environmental Permitting (England and Wales) Regulations 2010 M11 | ||
regulation 12(1)(b), so far as it relates to groundwater activity | Causing or knowingly permitting a groundwater activity except under and to the extent authorised by an environmental permit | |
regulation 35(2)(p) and Schedule 22 | Failure to comply with requirements relating to groundwater activities |
Textual Amendments
F1Words in Sch. 2 para. 2 substituted (1.1.2016) by The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 14(3)(a)
F2Words in Sch. 2 para. 2 substituted (1.1.2016) by The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 14(3)(b)(i)
F3Words in Sch. 2 para. 2 substituted (1.1.2016) by The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 14(3)(b)(ii)
Marginal Citations
M11967 c. 10. Section 9 was amended by Schedules 1 and 2 to the Forestry Act 1979 (c. 21), paragraph 13 of Schedule 16 to the Electricity Act 1989 (c. 29), paragraph 14(1) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11), regulation 2 of S.I. 1985/1958 and paragraph 2 of Schedule 4 to the Countryside and Rights of Way Act 2000 (c. 37). The provisions of section 24 were extended to restocking notices by section 1 of the Forestry Act 1986 (c. 30), which inserted sections 17A to 17C into the Forestry Act 1967 (c. 10). Section 24 was amended by article 5(2) and (3) of S.I. 2006/780.
M21979 c. 46. Section 2(1) was amended by paragraphs 16 and 17 of Schedule 2 to the Planning Act 2008 (c. 29). Section 2(5) was amended by section 33(3) and paragraph 27 of Schedule 4 to the National Heritage Act 1983 (c.47).
M31980 c. 66. Section 131A was inserted by section 1(2) of the Rights of Way Act 1990 (c.24). Section 134 was substituted by section 1(3) of the Rights of Way Act 1990. Section 137 was amended by sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48), and sections 26(1) and 119 of, and Part 1 of Schedule 7 to, the Police and Criminal Evidence Act 1984 (c. 60). Section 146 was amended by paragraph 25 of Schedule 4 to the Local Government Act 1985 (c.51), regulation 2 and Part 1 of the Schedule to S.I. 2006/1177. Section 146(5)(aa) was inserted by section 69(4) of the Countryside and Rights of Way Act 2000.
M41981 c. 69. Sections 28E(1), 28P and 31 were substituted by section 75(1) of and paragraph 1 of Schedule 9 to, the Countryside and Rights of Way Act 2000. Section 28E(1) was amended by paragraph 79 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c.16). Section 28P(6A) was inserted by section 55(1) and (3) of the Natural Environment and Rural Communities Act 2006. Section 31(5) was amended by sections 37 and 46 of the Criminal Justice Act 1982.
M51990 c. 8. Section 210 was amended by paragraphs 7, 13(1), 13(2)(a),(b) and (c) and 4 of Schedule 8 to the Planning Act 2008. Section 211 was amended by paragraphs 14(a) and (b) of Schedule 8 and paragraph 36(2) and (3) of Schedule 2 to the Planning Act 2008, and section 86 of the Planning and Compulsory Purchase Act 2004 (c. 5).
M61991 c. 57. Section 24(1) was amended by S.I. 1996/593 and 2013/755.
M7S.I. 1993/1366. Section 24(1) was amended by paragraph 8 of Schedule 2 to S.I. 1996/593.
M8S.I. 1999/2228, amended by S.I. 2006/3106.
M11S.I. 2010/675, amended by S.I. 2012/630; there are other amending instruments but none is relevant.
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