SCHEDULE 2 THRESHOLDS FOR IDENTIFICATION OF PROJECTS LIKELY TO HAVE SIGNIFICANT EFFECTS ON THE ENVIRONMENT

Interpretation

1.  For the purposes of this Schedule,

• “National Park” and “Area of Outstanding Natural Beauty” have the meanings in paragraphs (c) and (g) respectively of the next definition;

• “sensitive area” means—

  (a)

  land notified under subsection (1) of section 28 (areas of special scientific interest) of the Wildlife and Countryside Act 1981(1);

  (b)

  land to which subsection (3) of section 29 (nature conservancy orders) of the Wildlife and Countryside Act 1981 applies;

  (c)

  a National Park within the meaning of the National Parks and Access to the Countryside Act 1949(2);

  (d)

  the Broads(3);

  (e)

  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(4);

  (f)

  a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979(5);

  (g)

  an area of outstanding natural beauty designated as such by an order made by the Countryside Agency, as respects England, or the Countryside Council for Wales, as respects Wales, and duly confirmed, under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to Countryside Act 1949(6);

  (h)

  a European site within the meaning of regulation 10 of the Conservation (Natural Habitats etc.) Regulations 1994(7).

• “specified threshold” means any threshold specified in hectares in Column 2 or 3 of the Table in paragraph 2 below.

(1)

1981 c. 69, amended by the Wildlife and Countryside (Amendment) Act 1985 (c. 31), the Wildlife and Countryside (Service of Notices) Act 1985 (c. 59), the Norfolk and Suffolk Broads Act 1988 (c. 4) and the Planning (Consequential Provisions) Act 1990 (c. 11).

(2)

1949 c. 97. Relevant amendments were made by the Environment Act 1995 (c. 25), Schedule 10, paragraph 2.

(3)

See the Norfolk and Suffolk Broads Act 1988 (c. 4).

(4)

See Command Paper 9424.

(5)

1979 c. 46. See the definition in section 1(11).

(6)

1949 c. 97. Section 87 was amended by paragraph 1(12) of Schedule 8 to the Environmental Protection Act 1990 (c. 43).

(7)

S.I. 1994/2716.