Exempt projects13

1

The Secretary of State may in exceptional circumstances direct that a relevant project shall be exempt in whole or in part from the requirements of these Regulations provided that he is satisfied that the carrying out of that project is not likely to have a significant effect on the environment of any other EEA State.

2

Prior to the giving of any such direction as is mentioned in paragraph (1) above, the Secretary of State shall inform the Commission of the European Communities of the reasons justifying the exemption to be granted and provide it with details of the information to be made available to the public pursuant to paragraph (3)(b) below.

3

A direction given by the Secretary of State in pursuance of paragraph (1) above shall–

a

require the carrying out of such other form of assessment as the Secretary of State considers appropriate;

b

specify what information collected pursuant to sub-paragraph (a) above is to be made available to the public and the manner in which it is to be made available;

c

specify the extent to which these Regulations are to apply or that they are not to apply at all; and

d

include a statement of his reasons for giving the direction.

4

A direction given by the Secretary of State in pursuance of paragraph (1) above may disapply such provisions of these Regulations as may in the circumstances appear to him to be appropriate.

5

The Secretary of State shall publish a copy of any direction given pursuant to this regulation in the Gazettes.