C2F1PART VAENVIRONMENTAL IMPACT ASSESSMENTS

Annotations:
Amendments (Textual)
F1

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

Modifications etc. (not altering text)
C2

Pt. 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)

C1105AF2Screening of projects for constructing or improving highways

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).