Paragraph 4

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 7 para. 11(1) Sch. 7 para. 11 renumbered as Sch. 7 para. 11(1) by Transport and Works (Applications, Objections, Listed Buildings, Inquiries and Decisions Procedure) 2026 reg. 4(15)(a)
Sch. 7 para. 11(1)(d) words substituted by Transport and Works (Applications, Objections, Listed Buildings, Inquiries and Decisions Procedure) 2026 reg. 4(15)(b)
Sch. 7 para. 11(2) inserted by Transport and Works (Applications, Objections, Listed Buildings, Inquiries and Decisions Procedure) 2026 reg. 4(15)(c)

If the project is of a type mentioned in—

(a)

Annex I to the Directive; or

(b)

Annex II to the Directive and the Secretary of State considers that it would be likely to have a significant effect on the environment,

the Secretary of State shall determine that an environmental impact assessment is required unless the proposed works comprise or form part of a project serving national defence F1as its sole purpose, or comprise a project having the response to a civil emergency as its sole purpose, and he considers that the carrying out of an environmental impact assessment of the works would have an adverse effect on that purpose.

Annotations

Textual amendments

F1: Words in Sch. 7 para. 4 substituted (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. 4 para. 14(a) (with Sch. 6 paras. 9, 10)