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[F1PART VA E+WENVIRONMENTAL IMPACT ASSESSMENTS

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Amendments (Textual)

F1Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2

F2105A Environmental impact assessments.E+W

(1)In this Part–

  • F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “Annex” means an Annex to the Directive; F4. . .

    • [F5the Directive ” means Council Directive No. 85/337/EEC M1 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive No. 97/11/EC M2 and Directive No. 2003/35/EC M3 of the European Parliament and Council;

    • member of the public ” includes any body of persons corporate or unincorporate;

    • public authority ” means any authority or other body on which functions are conferred by or under an enactment, including an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament; and ]

  • “relevant project” means a project for constructing or improving a highway where the area of the completed works together with any area occupied during the period of construction or improvement by requisite apparatus, equipment, machinery, materials, plant, spoil heaps or other such facilities exceeds 1 hectare or where any such area is situated in whole or in part in a sensitive area.

(2)If the Secretary of State[F6or a strategic highways company] is considering a project for constructing or improving a highway for which he[F7or it] is the highway authority he[F8or it, whichever is considering the project,] must, before details of the project are published, determine whether or not it falls within Annex I or II.

(3)If the Secretary of State[F9or the strategic highways company ]

(a)considers that the project falls within Annex I, or

(b)considers that it is a relevant project falling within Annex II and determines, having regard to the selection criteria contained in Annex III, that it should be made subject to an environmental impact assessment in accordance with the Directive,

he[F10or the company] must, not later than the date when details of the project are published, [F11prepare an environmental statement and publish notice of it in accordance with subsections (3), (3A) and (7) of section 105B] .

(4)To the extent to which the Secretary of State[F12or the strategic highways company ] considers–

(a)that it is relevant to the specific characteristics of the project and of the environmental features likely to be affected by it, and

(b)that the information may reasonably be gathered (having regard among other matters to current knowledge and methods of assessment),

the environmental statement must contain the information referred to in Annex IV.

(5)That information must include at least–

(a)a description of the project (comprising information on the site, design and size of the project);

(b)a description of the measures envisaged in order to avoid, reduce, and, if possible, remedy significant adverse effects;

(c)the data required to identify and assess the main effects which the project is likely to have on the environment;

(d)an outline of the main alternatives studied by the Secretary of State[F13or the strategic highways company ] and an indication of the main reasons for his[F14or its] choice (taking into account the environmental effects);

(e)a non-technical summary of the information mentioned in paragraphs (a) to (d).

(6)“Sensitive area” means any of the following:–

[F15(a)a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);]

(b)land adjacent to such an area that is notified to the local planning authority in accordance with paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995 M4;

F16(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)a National Park within the meaning of the M5National Parks and Access to the Countryside Act 1949 M6;

[F17(e)an area of outstanding beauty designated as such under section 82 of the Countryside and Rights of Way Act 2000.]

(f)the Broads as defined in the M7Norfolk and Suffolk Broads Act 1988 M8;

(g)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. M9;

(h)a scheduled monument within the meaning of the M10Ancient Monuments and Archaeological Areas Act 1979 M11;

(i)a European site within the meaning of [F18the Conservation of Habitats and Species Regulations 2010 (see regulation 8)].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg. 2

F3S. 105A(1): definition of "the Directive" omitted (26.4.2007) by virtue of The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 2(2)(a) (with reg. 7)

F5S. 105A(1): definitions of "the Directive", "member of the public" and "public authority" inserted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 2(2)(b) (with reg. 7)

F15S. 105A(6)(a) substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 5

F16S. 105A(6)(c) repealed (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III

F17S. 105A(6)(e) substituted (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 93, Sch. 15 Pt. I para. 5 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

Marginal Citations

M1OJ No L 175, 5.7.85, p 40.

M2OJ No L 73, 14.3.97, p 5.

M3OJ No L 156, 25.6.03, p 17.

M81988 (c. 4).

M9See Command Paper 9424.

M111979 c. 46. See the definition in section 1(11).

F19 105B ProcedureE+W

(1)The Secretary of State[F20or a strategic highways company ] must ensure that any determination made by him[F21or it (as the case may be) ] as to whether or not a relevant project should be made subject to an environmental impact assessment in accordance with the Directive is published.

(2)F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F23Notice of the] environmental statement must be published so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express their opinion before the Secretary of State[F24or the strategic highways company (as the case may be) ] decides whether to proceed with the construction or improvement to which the assessment relates.

[F25(3A)The notice must state—

(a)that the Secretary of State[F26or the strategic highways company], as the relevant highway authority, is considering implementing the project;

(b)the proposed location and nature of the project;

(c)that the project is subject to the environmental impact assessment procedure required by this Part of this Act and, where relevant, that section 105C applies;

(d)that a copy of the environmental statement may be inspected at an address in the area in which the project is proposed to be situated during the period specified under paragraph (i);

(e)the times at which the copy of the environmental statement may be so inspected;

(f)an address from which copies of the environmental statement may be obtained and from which further information about the project may be requested during the period specified under paragraph (i);

(g)if a charge is to be made for a copy of the environmental statement, the amount of the charge;

(h)if the Secretary of State[F27or the strategic highways company] uses a website for the publication of information about projects that are subject to the procedure required by this Part of this Act, that a copy of the environmental statement may be inspected on the website during the period specified under paragraph (i);

(i)that any person wishing to make any representations about the project and the environmental statement may do so in writing to the Secretary of State[F28 or the strategic highways company (as the case may be) ] at a specified address within a specified period, being not less than 6 weeks from the date of publication of the notice and

(j)that the Secretary of State[F29or the strategic highways company] will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.

(3B)The Secretary of State[F30or the strategic highways company] shall ensure that during the period specified under subsection (3A) (i)—

(a)copies of the environmental statement are available for inspection by any person free of charge at all reasonable hours at the address specified under subsection (3A) (d);

(b)copies of the environmental statement are available to be obtained by any person from the address specified under subsection (3A) (f); and

(c)where under subsection (3A) (h) the notice states the address of a website, that a copy of the environmental statement is available for inspection by any person on that website.

(3C)A reasonable charge reflecting the costs of printing, copying and distribution may be made by the Secretary of State[F31or the strategic highways company] for the supply of a copy of the environmental statement—

(a)to a person other than a consultation body, or

(b)to a consultation body to which one copy has already been supplied free of charge. ]

(4) The Secretary of State[F32or the strategic highways company] must ensure that the consultation bodies are given an opportunity to express an opinion on the F33 . . . project and the environmental statement before he[F34or it] decides whether to proceed with the construction or improvement to which the assessment relates.

(5)Before deciding whether to proceed with the construction or improvement in relation to which an environmental impact assessment has been made, the Secretary of State[F35or the strategic highways company ] must take into consideration–

(a) the environmental statement; F36 . . .

[F37(b)any opinion on that statement or the project which is expressed in writing by—

(i)any of the consultation bodies; or

(ii)any other person;

and is received by the Secretary of State[F38or the strategic highways company (as the case may be) ] within any period specified for the purpose by him[F39or it]; and

(c) where section 105C applies, and the EEA State has indicated in accordance with subsection (4) of that section that it wishes to participate in the procedure required by this Part of this Act, any opinion on that statement or the project which is expressed in writing by—

(i) the EEA State;

(ii) a member of the public in the EEA State; or

(iii) an authority having environmental responsibilities designated by the EEA State to be consulted about the project under Article 6 (1) of the Directive;

and is received by the Secretary of State[F40or the strategic highways company (as the case may be) ] within any period specified for the purpose by him[F41or it ].]

[F42(5A)Where in order to proceed with the construction or improvement in relation to which an environmental statement has been made it is necessary for the Secretary of State[F43or the strategic highways company] to make—

(a)an order or scheme to which Schedule 1 to this Act applies; or

(b)a compulsory purchase order in the exercise of highway land acquisition powers;

the Secretary of State[F43or the strategic highways company] shall, so far as it is practicable to do so, take the steps required of him[F44or it] by this Part of this Act concurrently with the corresponding steps required of him[F44or it] by Schedule 1 to this Act or, as the case may be, the Acquisition of Land Act 1981 M12 in connection with the making of the related instruments. ]

(6)When the Secretary of State[F45or the strategic highways company (as the case may be) ] has decided whether to proceed with the construction or improvement for which an environmental impact assessment has been made, he[F46or it ] must publish his[F47or its] decision together with a statement confirming that he[F46or it ] has complied with subsection (5) [F48, and describing the right under section 105D (1) to challenge the validity of the decision,] and must make available to the public documents containing–

(a)the content of the decision and any conditions attached thereto;

(b) the main reasons and considerations on which the decision is based; F49 . . .

(c)where his[F47or its] decision is to proceed with the construction or improvement, a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project. [F50and]

[F51(d)information about the consultation carried out in compliance with this section and section 105C, the representations received on consultation, and any changes made as a result of those representations.]

(7)Publication by the Secretary of State[F52or the strategic highways company] in accordance with subsections (1), (3) and (6) [F53 shall be

(a)in the London Gazette;

(b)in at least one local newspaper circulating in the area in which the project for the construction or improvement of the highway is proposed to be situated; and

(c)if the Secretary of State[F52or the strategic highways company] uses a website for the publication of information about projects that are subject to the procedure required by this Part of this Act, on that website.]

[F54(8) In this section “ the consultation bodies ” means—

(a) any principal council as defined in subsection (1) of section 270 of the Local Government Act 1972 M13 for the area where the land is situated;

(b)where the land is situated in England—

(i)English Heritage[F55, the Environment Agency] and Natural England; and

(ii)the Countryside Council for Wales and the National Assembly for Wales where, in the opinion of the Secretary of State, the land is sufficiently near to Wales to be of interest to them;

(c)where the land is situated in Wales—

(i)[F56the Natural Resources Body for Wales]; and

(ii)any organisation referred to in paragraph (b) (i) where, in the opinion of the National Assembly for Wales, the land is sufficiently near to England to be of interest to the organisation;[F57and]

F58( d ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)any other public authority which has environmental responsibilities and which the Secretary of State[F59, the strategic highways company ] or the National Assembly for Wales considers to be likely to have an interest in the project.]

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Amendments (Textual)

F19Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg. 2

F37S. 105B(5)(b)(c) substituted (26.4.2007) for s. 105B(5)(b) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(6) (with reg. 7)

Marginal Citations

F61 105C Other [F60EEA] States.E+W

(1)This section applies if–

(a) it appears to the Secretary of State [F62 or a strategic highways company ] that a project to which section 105A(3) applies is likely to have a significant effect on the environment in another [F63EEA State ] ; or

(b)[F64 an EEA State ] the environment of which is likely to be significantly affected by such a project asks the Secretary of State [F65 or the strategic highways company, whichever is considering the project, ] for information about it.

(2) The Secretary of State [F66 or the strategic highways company ] must give the [F63EEA State ]

(a) a description of the project, together with any information available to him [F67 or the company ] which suggests that it may have a significant effect on the environment in the [F63EEA State ] ;

(b)any information which he[F68or the company ] has on the nature of the decision which may be taken on the project;

[F69(c)such information about the procedure required by this Part of this Act as he[F70or the company] considers appropriate; and]

(d)a reasonable period within which to indicate whether it wishes to participate in that procedure.

(3)Subsection (2)(a) and (b) must be complied with no later than the date of publication of the determination referred to in Section 105B(1).

(4) If the [F63EEA State ] indicates that it wishes to participate [F71 in the procedure required by this Part of this Act ] , the Secretary of State [F72 or the strategic highways company ] must give it–

(a) a copy of the environmental statement for the project (if he [F73 or the company ] has not already done so); F74 . . .

[F75(b)the information required by subsection (3A) of section 105B to be included in the notice under subsection (3) of that section; and

(c) any information about the procedure required by this Part of this Act which he [F76 or the company ] considers it appropriate to give and which has not already been given to the EEA State. ]

(5)The Secretary of State[F77or the strategic highways company ], so far as he[F78or the company] is concerned, must also–

(a) arrange for the information which he[F78 or the company ] has given to the [F63EEA State ] to be made available, within a reasonable time, to–

(i)the authorities referred to in Article 6(1) of the Directive; and

(ii) members of the public in the [F63EEA State ] who are likely to be concerned; and

(b)ensure that those authorities and the public concerned are given a reasonable opportunity to give him[F79or the company] their views before he[F78 or the company ] decides whether to proceed with the project to which the environmental impact assessment relates.

(6)The Secretary of State[F80or the strategic highways company] must, in accordance with Article 7(4) of the Directive–

(a) enter into consultations with the [F63EEA State ] concerned regarding, among other matters, the potential significant effects of the project on the environment of that [F63EEA State ] and the measures envisaged to reduce or eliminate those effects; and

(b) agree with that [F63EEA State ] a reasonable period for those consultations.

[F81(7) Where an EEA State has been consulted in accordance with subsection (4) the Secretary of State [F82 or the strategic highways company ] must, after deciding whether to proceed with the project to which the environmental statement relates, inform the EEA State of the decision and give it documents containing the matters referred to in section 105B (6). ]

(8)F83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F61Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2

F75S. 105C(4)(b)(c) substituted (26.4.2007) for s. 105(4)(b) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(4)(c) (with reg. 7)

[F84105DValidity of decisionsE+W

(1)If a person aggrieved by a decision of the Secretary of State[F85or a strategic highways company ] to proceed with the construction or improvement for which an environmental statement has been made desires to question the validity of the decision on the ground that—

(a)it is not within the powers of this Act; or

(b)any requirement of this Part of this Act has not been complied with in relation to the decision;

he may, within 6 weeks from the date on which the decision is first published under section 105B (6), make an application for the purpose to the High Court.

(2)On any such application, the Court—

(a)may by interim order suspend the operation of the decision, or any aspect of it, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and

(b)if satisfied that the decision is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Part of this Act, may quash the decision or any aspect of it, either generally or in so far as it affects any property of the applicant.

(3)Subject to subsection (2), a decision to which subsection (1) applies shall not be questioned in any legal proceedings whatever.]]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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