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Textual Amendments
F1Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2
(1)This section applies if–
(a) it appears to the [F3project authority] that a project to which section [F4105B] applies is likely to have a significant effect on the environment in another [F5EEA State ] ; or
(b)[F6 an EEA State ] the environment of which is likely to be significantly affected by such a project asks the [F7project authority] for information about it.
(2) The [F8project authority] must give the [F5EEA State ] –
(a) a description of the project, together with any information available to [F9the authority] which suggests that it may have a significant effect on the environment in the [F5EEA State ] ;
(b)any information which [F10the authority] has on the nature of the decision which may be taken on the project;
[F11(c)such information about the procedure required by this Part of this Act as [F12the authority] 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 [F13the notice under section 105B(2)(b)] .
(4) If the [F5EEA State ] indicates that it wishes to participate [F14 in the procedure required by this Part of this Act ] , the [F15project authority] must give it–
(a) a copy of the environmental statement for the project (if [F16the authority] has not already done so); F17 . . .
[F18(b)the information required by [F19subsection (6)] of section 105B to be included in the notice under [F20subsection (2)(b)] of that section; and
(c) any information about the procedure required by this Part of this Act which [F21the authority] considers it appropriate to give and which has not already been given to the EEA State. ]
(5)[F22The project authority must also] –
(a) arrange for the information which [F23the authority] has given to the [F5EEA State ] to be made available, within a reasonable time, to–
[F24(i)the consultation bodies, and]
(ii) members of the public in the [F5EEA State ] who are likely to be concerned; and
(b)ensure that those authorities and the public concerned are given a reasonable opportunity to give [F25the project authority] their views before [F26the project authority] decides whether to proceed with the project to which the environmental impact assessment relates.
(6)The Secretary of State[F27or the strategic highways company] must, in accordance with Article 7(4) of the Directive–
(a) enter into consultations with the [F5EEA State ] concerned regarding, among other matters, the potential significant effects of the project on the environment of that [F5EEA State ] and the measures envisaged to reduce or eliminate those effects; and
(b) agree with that [F5EEA State ] a reasonable period for those consultations.
[F28(6A)The consultations required under subsection (6)(a) may be carried out through an appropriate joint body (within the meaning of the Directive).]
F29(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
Textual Amendments
F2S. 105C: word in heading substituted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(7) (with reg. 7)
F3Words in s. 105C(1)(a) substituted (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. 5(2)(a)(i) (with Sch. 6 para. 6)
F4Word in s. 105C(1)(a) substituted (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. 5(2)(a)(ii) (with Sch. 6 para. 6)
F5Words in s. 105C(1)-(6) substituted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(2) (with reg. 7)
F6Words in s. 105C(1)-(6) substituted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(2) (with reg. 7)
F7Words in s. 105C(1)(b) substituted (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. 5(2)(b) (with Sch. 6 para. 6)
F8Words in s. 105C(2) substituted (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. 5(3)(a) (with Sch. 6 para. 6)
F9Words in s. 105C(2)(a) substituted (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. 5(3)(b) (with Sch. 6 para. 6)
F10Words in s. 105C(2)(b) substituted (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. 5(3)(c) (with Sch. 6 para. 6)
F11S. 105C(2)(c) substituted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(3) (with reg. 7)
F12Words in s. 105C(2)(c) substituted (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. 5(3)(c) (with Sch. 6 para. 6)
F13Words in s. 105C(3) substituted (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. 5(4) (with Sch. 6 para. 6)
F14Words in s. 105C(4) substituted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(4)(a) (with reg. 7)
F15Words in s. 105C(4) substituted (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. 5(5)(a) (with Sch. 6 para. 6)
F16Words in s. 105C(4)(a) substituted (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. 5(5)(b) (with Sch. 6 para. 6)
F17Word in s. 105C(4)(a) omitted (26.4.2007) by virtue of The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(4)(b) (with reg. 7)
F18S. 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)
F19Words in s. 105C(4)(b) substituted (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. 5(5)(c)(i) (with Sch. 6 para. 6)
F20Words in s. 105C(4)(b) substituted (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. 5(5)(c)(ii) (with Sch. 6 para. 6)
F21Words in s. 105C(4)(c) substituted (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. 5(5)(b) (with Sch. 6 para. 6)
F22Words in s. 105C(5) substituted (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. 5(6)(a) (with Sch. 6 para. 6)
F23Words in s. 105C(5)(a) substituted (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. 5(6)(b)(i) (with Sch. 6 para. 6)
F24S. 105C(5)(a)(i) substituted (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. 5(6)(b)(ii) (with Sch. 6 para. 6)
F25Words in s. 105C(5)(b) substituted (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. 5(6)(c)(i) (with Sch. 6 para. 6)
F26Words in s. 105C(5)(b) substituted (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. 5(6)(c)(ii) (with Sch. 6 para. 6)
F27Words in s. 105C(6) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 32(6); S.I. 2015/481, reg. 2(a)
F28S. 105C(6A) inserted (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. 5(7) (with Sch. 6 para. 6)
F29S. 105C(7) omitted (5.12.2017) by virtue of The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 2 para. 5(8) (with Sch. 6 para. 6)
F30S. 105C(8) omitted (26.4.2007) by virtue of The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(6) (with reg. 7)
Modifications etc. (not altering text)
C1Ss. 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)