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
Modifications etc. (not altering text)
C1Sch. 3 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(j) (with s. 106); S.I. 2001/869, art.2
6(1)If the Secretary of State decides that the application relates to a project which falls within Annex I or within Annex II to the Directive and is a relevant project—E+W+S
(a)he shall in writing inform the proposed applicant of the decision, and give him the reasons for his decision,
(b)sub-paragraph (2) shall apply, and
(c)if the applicant makes the application, paragraph 8 shall apply.
(2)Where this sub-paragraph applies the Secretary of State shall give an opinion to the proposed applicant about the extent of the information referred to in Annex IV to the Directive which the proposed applicant would be required under paragraph 8(1) to supply in an environmental statement.
(3)In giving an opinion under sub-paragraph (2), the Secretary of State shall take into account the extent to which he considers—
(a)information to be relevant to his decision under paragraph 19 and to the specific characteristics of the project to which the proposed application relates and of the environmental features likely to be affected by it; and
(b)that (having regard in particular to current knowledge and methods of assessment) the proposed applicant may reasonably be required to compile the information.
(4)The Secretary of State shall not give an opinion under sub-paragraph (2) until he has consulted the proposed applicant and such bodies with environmental responsibilities as he thinks appropriate.]