Textual Amendments
F1Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3
Modifications etc. (not altering text)
C1Sch. 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
1E+W+SIn this Part of this Schedule—
“the Directive" means Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC;
“EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“EEA State" means a State which is a Contracting Party to the EEA Agreement;
“environmental statement" means a statement which includes the information mentioned in paragraph 8(2) and such additional information as the Secretary of State may require under paragraph 8(3);
“fishery harbour" has the meaning assigned to it in section 21 of the Sea Fish Industry Act 1951;
“project" means—
the execution of construction works or other installations or schemes, and
other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources;
“relevant project" means a project which would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location;
“selection criteria" means the criteria set out in Annex III to the Directive;
“sensitive area" means any of the following—
[F2land notified under section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest);]
[F2land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);]
[F3land to which section 29(3) of that Act (nature conservation orders) applies;]
land declared to be a national nature reserve under section 35 of that Act;
an area to which paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995 applies;
a National Park within the meaning of the National Parks and Access to the Countryside Act 1949;
the Broads within the meaning of the Norfolk and Suffolk Broads Act 1988;
a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage;
a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979;
an area of outstanding natural beauty designated by order under [F4section 87 of the National Parks and Access to the Countryside Act 1949 ][F4section 82 of the Countryside and Rights of Way Act 2000] (designation of areas of outstanding natural beauty);
a European site within the meaning of regulation 10 of the Conservation (Natural Habitats etc) Regulations 1994;
an area designated as a natural heritage area under section 6(2) of the Natural Heritage (Scotland) Act 1991 or as a national scenic area under section 262C of the Town and Country Planning (Scotland) Act 1972.
Textual Amendments
F2Words in Sch. 3 para. 1 substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 para. 3
F3Words in Sch. 3 para. 1 repealed (E.W.) (30.1.2001 for E., 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. III; S.I. 2001/114, art. 2(1)(d)(ii); S.I. 2001/1410, art. 2(p)
F4Words in Sch. 3 para. 1 substituted (E.W.) (1.4.2001) by 2000 c. 37, s. 93, Sch. 15 para. 4 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e)
2E+W+SA project shall be treated for the purposes of this Part as not falling within Annex II to the Directive unless—
(a)the area of the works comprised in the project exceeds 1 hectare,
(b)any part of the works is to be carried out in a sensitive area, or
(c)the Secretary of State determines that the project shall be treated for the purposes of this Part as falling within that Annex.]