Paragraph 4 F1F2
Where the Secretary of State is notified of a proposed application under paragraph 3(1)(a), the Secretary of State must decide whether it relates to a project which requires an environmental impact assessment.
A project requires an environmental impact assessment if—
it F3is of a type specified in Annex I to the EIA Directive, or
it is of a type specified in Annex II to the EIA Directive and, having regard to the selection criteria, is a relevant project.
For the purposes of sub-paragraph (1), the Secretary of State must take into account the results of any relevant environmental assessment which are reasonably available to the Secretary of State.
In this Part of this Schedule, “screening decision” means a decision under sub-paragraph (1) of this paragraph.
Annotations
Textual amendments
- F1
Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3
- F2
Sch. 3 paras. 4-4C substituted for Sch. 3 para. 4 (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. 1 para. 8(6) (with Sch. 6 paras. 2, 3(2)3(3))
- F3
Words in Sch. 3 para. 4(2) substituted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 2(4)(f)
Notes on Schedule 3
Modifications
- C1
Sch. 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
- C2
Sch. 3: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(b)(ii), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)
- C3
Sch. 3: power to amend or repeal conferred for specified purposes (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pts. 1, 2 (with s. 247)