[F1[F2105AA.ExemptionsE+W
(1)A project to which subsection (2) applies is to be treated in the same way as a project that the project authority considers [F3is not of a type specified in] Annex I or Annex II.
(2)This subsection applies to a project if—
(a)the Secretary of State directs that the project is a defence project, or
(b)the project authority determines that—
(i)the project is a civil emergency project, or
(ii)the exemption in subsection (6) applies to the project.
(3)The Secretary of State may direct that a project is a defence project only if satisfied that—
(a)the project has national defence as its sole purpose, and
(b)carrying out an environmental impact assessment would have an adverse effect on the fulfilment of that purpose.
(4)The Secretary of State must send a copy of any direction given under subsection (3)—
(a)to the Welsh Ministers, if the Welsh Ministers are the highway authority for the highway to which the project relates;
(b)to the strategic highways company, if the company is the highway authority for the highway to which the project relates.
(5)A project authority may determine that a project is a civil emergency project only if satisfied that—
(a)the project has the response to a civil emergency as its sole purpose, and
(b)carrying out an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of that purpose.
(6)A project authority may determine that this subsection applies to a project only if satisfied that—
(a)it is appropriate to do so by reason of exceptional circumstances,
(b)carrying out an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of the purpose of the project,
(c)the objectives of the Directive will be met even though such an assessment is not carried out, and
(d)the project is unlikely to have significant effects on the environment in [F4an EEA state] .
(7)Before making a determination under subsection (6), the project authority must consider whether another form of assessment of the effects of the project on the environment would be appropriate.]]
Textual Amendments
F1Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2
F2Ss. 105A-105AB substituted for s. 105A (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. 2 para. 3 (with Sch. 6 paras. 4, 5, 6)
F3Words in s. 105AA(1) substituted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(5)(a)
F4Words in s. 105AA(6)(d) substituted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(5)(b)
Modifications etc. (not altering text)
C1Ss. 105A-105C functions exercisable jointly (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 9(2), 10(b)