3. Specified activity does not include—
(a)any activity to be carried out in the course of a project of a type specified in Annex I to Council Directive 2011/92/EU(1)on the assessment of the effects of certain public and private projects on the environment;
(b)any activity to be carried out in the course of a project of a type specified in Annex II to that Directive, if it is likely because of its size, nature or location to have significant effects on the environment;
(c)an activity with respect to which an environmental impact assessment is required by virtue of regulation 5 (requirement of assessment by agreement) of the Marine Works (Environmental Impact Assessment) Regulations 2007(2);
(d)an activity that involves both items 7 and 9 described in paragraph 2(b) and (d);
(e)any activity or activities which has, or, in the case of more than one activity taken together have, an estimated cost of more than £1,000,000.
OJ L 26, 28.1.2012, p.1.
S.I. 2007/1518; amended by S.I. 2011/735, 1043, 2013/755 and 2015/446.