Amendment to regulation 3
4. For paragraph (3) of regulation 3 (application) substitute—
“(3) These Regulations do not apply to any project or part of a project serving national defence as its sole purpose where the Secretary of State is of the opinion that the application of these Regulations would have an adverse effect on that purpose.
(4) The reference to these Regulations not applying to part of a project serving national defence as its sole purpose is a reference to that part of the project being disregarded in the environmental impact assessment of the project.
(5) These Regulations do not apply to any project having the response to a civil emergency as its sole purpose where the Secretary of State is of the opinion that the application of these Regulations would have an adverse effect on that purpose.
(6) These Regulations do not apply to any project where the Secretary of State is of the opinion that conditions A to C are met.
(7) Condition A is that the project is an exceptional case and that the application of these Regulations would result in adversely affecting the purpose of the project.
(8) Condition B is that the objectives of the Directive will be met despite these Regulations not applying to the project.
(9) Condition C is that the project is unlikely to have significant effects on the environment in another EEA State.
(10) Where the Secretary of State is of the opinion referred to in paragraph (3), (5) or (6), the Secretary of State must as soon as possible after forming the opinion notify in writing the ONR and the licensee.
(11) Where the Secretary of State is of the opinion referred to in paragraph (6), the Secretary of State must consider whether another form of assessment would be appropriate.
(12) Notification under paragraph (10) must—
(a)state that the Secretary of State is of the opinion referred to in paragraph (3), (5) or (6);
(b)state that these Regulations do not apply to the project, or in a case where the Secretary of State is of the opinion referred to in paragraph (3) in respect of part of a project, explain the effect of paragraph (4);
(c)where the Secretary of State considers that another form of assessment is appropriate in accordance with paragraph (11), give the details of that assessment and explain how the results of the assessment may be obtained.
(13) Where the ONR is notified that the Secretary of State is of the opinion referred to in paragraph (6) in accordance with paragraph (12), the ONR must make available to the public concerned—
(a)the information relating to the opinion referred to in paragraph (6) including the reasons for that opinion; and
(b)the information obtained under any assessment considered appropriate in accordance with paragraph (11).”.