[F1[F24(1)Where the Secretary of State is notified of a proposed application under paragraph 3(1)(a), the Secretary of State must decide whether it relates to a project which requires an environmental impact assessment.E+W+S
(2)A project requires an environmental impact assessment if—
(a)it [F3is of a type specified in] Annex I to the EIA Directive, or
(b)it [F3is of a type specified in] Annex II to the EIA Directive and, having regard to the selection criteria, is a relevant project.
(3)For the purposes of sub-paragraph (1), the Secretary of State must take into account the results of any relevant environmental assessment which are reasonably available to the Secretary of State.
(4)In this Part of this Schedule, “screening decision” means a decision under sub-paragraph (1) of this paragraph.]]
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
F2Sch. 3 paras. 4-4C substituted for Sch. 3 para. 4 (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 1 para. 8(6) (with Sch. 6 paras. 2, 3(2)3(3))
F3Words in Sch. 3 para. 4(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)(f)