F14PART VAENVIRONMENTAL IMPACT ASSESSMENTS

Annotations:
Amendments (Textual)
F14

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

105B Procedure

1

The Secretary of StateF34or a strategic highways company must ensure that any determination made by himF35or 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

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

F2Notice 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 StateF19or the strategic highways company (as the case may be) decides whether to proceed with the construction or improvement to which the assessment relates.

F33A

The notice must state—

a

that the Secretary of StateF36or 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 StateF37or 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 StateF38 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 StateF39or 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 StateF40or 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 StateF20or 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 StateF21or the strategic highways company must ensure that the consultation bodies are given an opportunity to express an opinion on the F4 . . . project and the environmental statement before heF22or 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 StateF23or the strategic highways company must take into consideration–

a

the environmental statement; F5 . . .

F6b

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 StateF24or the strategic highways company (as the case may be) within any period specified for the purpose by himF25or 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 StateF26or the strategic highways company (as the case may be) within any period specified for the purpose by himF27or it .

F75A

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 StateF28or 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 StateF28or the strategic highways company shall, so far as it is practicable to do so, take the steps required of himF29or it by this Part of this Act concurrently with the corresponding steps required of himF29or it by Schedule 1 to this Act or, as the case may be, the Acquisition of Land Act 1981 M1 in connection with the making of the related instruments.

6

When the Secretary of StateF30or 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, heF31or it must publish hisF32or its decision together with a statement confirming that heF31or it has complied with subsection (5) F8, 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; F9 . . .

c

where hisF32or 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. F10and

F11d

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 StateF33or the strategic highways company in accordance with subsections (1), (3) and (6) F12 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 StateF33or 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.

F138

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 M2 for the area where the land is situated;

b

where the land is situated in England—

i

English HeritageF15, 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

F16the 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;F17and

F18 d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

any other public authority which has environmental responsibilities and which the Secretary of StateF41, the strategic highways company or the National Assembly for Wales considers to be likely to have an interest in the project.