[F12E+W+SA project shall be treated for the purposes of this Part as not [F2of a type specified in] Annex II to the Directive unless—
(a)the area of the works comprised in the project exceeds 1 hectare,
(b)any part of the works is to be carried out in a sensitive area, or
(c)the Secretary of State determines that the project shall be treated for the purposes of this Part as [F2of a type specified in] that Annex.]
Textual Amendments
F1Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3
F2Words in Sch. 3 para. 2 substituted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 2(4)(d)