Application of Regulations3.

(1)

These Regulations apply to any project which is not exempt under paragraphs (2) or (3) below.

(2)

A project is exempt under this paragraph if it:

(a)

is a project described in regulation 3(2) of the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 199912;

(b)

constitutes development to which the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 199913 apply; or

(c )

constitutes the carrying out of improvement works by a drainage body within the meaning of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 199914.

(3)

A project is exempt under this paragraph to the extent that the Secretary of State, in accordance with Article 2(3) of the EIA Directive, directs that it shall be exempt from F1regulations 4 to 25 these Regulations.

(4)

In the case of a project which the Secretary of State decides is likely to have a significant effect on a European site (either alone or in combination with other projects), the power to direct that the project is exempt from these Regulations under paragraph (3) above shall be exercisable only to the extent that compliance with the Habitats Directive is secured in relation to the project.

F2(5)

Where the Secretary of State proposes to give a direction under paragraph (3) she shall—

(a)

consider whether any assessment of the project would be appropriate, other than an assessment of the kind which, if regulations 4 to 25 of these Regulations applied to the project, would be required prior to a screening decision under regulation 5(4) or a decision to grant or refuse consent under regulation 13(1); and

(b)

take such steps as she considers appropriate to bring to the attention of the public—

(i)

the information considered in making the direction and the reasons for doing so, and

(ii)

the information obtained from any assessment of the project under sub-paragraph (a).