Appendix 4
S.I. 2007/2003: memorandum from the Department
for Environment, Food and Rural Affairs
Heather and Grass etc. Burning (England) Regulations
2007 (S.I. 2007/2003)
1. The Committee has asked the Department for
Environment, Food and Rural Affairs for a memorandum on the following
points:
If Natural England notifies an applicant that
it proposes to take any action described in regulation 7(4),
(a) how long in advance of the action should
that notice be given;
(b) what period (if any) is to be available
for the applicant to persuade Natural England to act otherwise
than it proposes;
(c) why are the Regulations silent on both
points?
2. As to (a), no
period is specified in the instrument as to how long, in
advance of the decision, notice must be given. In any particular
case the length of the period will depend on the facts of the
case.
3. As to (b), no statutory period is
available for the applicant to persuade Natural England to
act otherwise than it proposes.
4. As to (c), the Regulations are silent
on these points for policy reasons:
(i) In the case of (a), the Department has maintained
the position as it was in regulation 7(6) of the Heather
and Grass etc. (Burning) Regulations 1986 (SI 1986/428) ("the
1986 Regulations").
(ii) In the case of (b), the Department decided
to remove the time-consuming and costly "appointed person"
regime found in regulation 7(6) to (9) of the 1986 Regulations.
Applicants can still make representations to Natural England concerning
their decisions. Natural England must act reasonably in considering
these representations. And applicants can take judicial review
proceedings if they feel sufficiently aggrieved.
Department for Environment, Food and Rural Affairs
16th October 2007
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