Application of these Regulations
3.—(1) These Regulations apply to any project which is not exempt under paragraphs (2) or (3) below.
(2) A project is exempt under this paragraph if it:
(a)is a project described in regulation 3(2) of the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999(1);
(b)constitutes development to which the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999(2) apply; or
(c)constitutes the carrying out of improvement works by a drainage body within the meaning of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999(3).
(3) A project is exempt under this paragraph to the extent that the National Assembly, in accordance with Article 2(3) of the EIA Directive, directs that it shall be exempt from these Regulations.
(4) In the case of a project which the National Assembly decides is likely to have a significant effect on a European site (either alone or in combination with other projects), the power to direct that the project is exempt from these Regulations under paragraph (3) above shall be exercisable only to the extent that compliance with the Habitats Directive is secured in relation to the project.