Section 14: Excluded projects

(1) An environmental assessment of project shall not be required where -
(a) in the opinion of the Agency the project is in the list of projects which the President, Commander-in-Chief of the Armed Forces or the Council is of the opinion that the environmental effects of the project is likely to be minimal;
(b) the project is to be carried out during national emergency for which temporary measures have been taken by the Government;
(c) the project is to be carried out in response to circumstances that, in the opinion of the Agency, the project is in the interest of public health or safety.
(2)
For greater certainty, where the Federal, State or Local Government exercises power or performs a duty or function for the purpose of enabling projects to be carried out, an environmental assessment may not be required if -
(a) the project has been identified at the time the power is exercised or the duty or function is performed; and
(b) the Federal, State, or Local Government has no power to exercise any duty or perform functions in relation to the projects after they have been identified.