Textual Amendments
F1Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2
Modifications etc. (not altering text)
C1Pt. 5A power to amend or repeal conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 1 (with s. 247)
(1)If a project authority is considering a project for constructing or improving a highway for which it is the highway authority, the project authority must, before details of the project are published, determine—
(a)whether or not the project [F3is of a type specified in] Annex I or Annex II, and
(b)if it considers the project is a relevant project [F4of a type specified in] Annex II, whether it should be made subject to an environmental impact assessment.
(2)In this Part “project authority” means—
(a)the Secretary of State,
(b)the Welsh Ministers, or
(c)a strategic highways company.
(3)When making a determination under subsection (1)(b), a project authority must have regard to the following—
(a)the information [F5described in] Annex II.A,
(b)the selection criteria [F6set out] in Annex III,
(c)any features of the project or measures envisaged to avoid or prevent what might otherwise be significant adverse effects on the environment, and
(d)the results of any relevant environmental assessment which are reasonably available to the authority.
(4)The project authority must make a determination under subsection (1)(b)—
(a)as soon as possible, and
(b)in any event within the period of 90 days beginning with the day on which it has access to the information mentioned in paragraphs (a), (c) and (d) of subsection (3).
(5)If the project authority is satisfied that it is appropriate to do so by reason of exceptional circumstances relating to a project (including circumstances relating to the nature, complexity, location or size of project), it may extend the period specified in subsection (4)(b).]]
Textual Amendments
F2Ss. 105A-105AB substituted for s. 105A (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 2 para. 3 (with Sch. 6 paras. 4, 5, 6)
F3Words in s. 105A(1)(a) substituted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(4)(a)
F4Words in s. 105A(1)(b) substituted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(4)(b)
F5Words in s. 105A(3)(a) substituted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(4)(c)
F6Words in s. 105A(3)(b) inserted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(4)(d)
Modifications etc. (not altering text)
C2Ss. 105A-105C functions exercisable jointly (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 9(2), 10(b)