Paragraph 5

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)

F1(1)

Where the project is of a type mentioned in Annex II to the Directive the Secretary of State shall, for the purposes of determining whether an environmental impact assessment is necessary, consult those mentioned in rule 7(8) and provide them with the information described in rule 7(5) unless—

(a)

he has already formed the view that the project would be likely to have a significant effect on the environment; or

(b)

the works comprise or form part of a project serving national defence F2as 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.

F3(2)

When carrying out consultation under sub-paragraph (1), the Secretary of State may also provide (in addition to the information described in rule 7(5)) a description of any features of the proposed works or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

Annotations

Textual amendments

F1: Sch. 7 para. 5 renumbered as Sch. 7 para. 5(1) (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(b) (with Sch. 6 paras. 9, 10)
F2: Words in Sch. 7 para. 5(b) 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)
F3: Sch. 7 para. 5(2) inserted (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(b) (with Sch. 6 paras. 9, 10)