[F1PART VAE+WENVIRONMENTAL IMPACT ASSESSMENTS

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)

105C F2... [F3EEA] States.E+W

(1)This section applies if–

(a) it appears to the [F4project authority] that a project to which section [F5105B] applies is likely to have a significant effect on the environment in [F6an EEA state] ; or

(b)[F7 an EEA State ] the environment of which is likely to be significantly affected by such a project asks the [F8project authority] for information about it.

(2) The [F9project authority] must give the [F10EEA State ] –

(a) a description of the project, together with any information available to [F11the authority] which suggests that it may have a significant effect on the environment in the [F10EEA State ] ;

(b)any information which [F12the authority] has on the nature of the decision which may be taken on the project;

[F13(c)such information about the procedure required by this Part of this Act as [F14the 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 [F15the notice under section 105B(2)(b)] .

(4) If the [F10EEA State ] indicates that it wishes to participate [F16 in the procedure required by this Part of this Act ] , the [F17project authority] must give it–

(a) a copy of the environmental statement for the project (if [F18the authority] has not already done so); F19 . . .

[F20(b)the information required by [F21subsection (6)] of section 105B to be included in the notice under [F22subsection (2)(b)] of that section; and

(c) any information about the procedure required by this Part of this Act which [F23the authority] considers it appropriate to give and which has not already been given to the EEA State. ]

(5)[F24The project authority must also] –

(a) arrange for the information which [F25the authority] has given to the [F10EEA State ] to be made available, within a reasonable time, to–

[F26(i)the consultation bodies, and]

(ii) members of the public in the [F10EEA State ] who are likely to be concerned; and

(b)ensure that those authorities and the public concerned are given a reasonable opportunity to give [F27the project authority] their views before [F28the project authority] decides whether to proceed with the project to which the environmental impact assessment relates.

(6)The Secretary of State[F29or the strategic highways company] must F30...–

(a) enter into consultations with the [F10EEA State ] concerned regarding, among other matters, the potential significant effects of the project on the environment of that [F10EEA State ] and the measures envisaged to reduce or eliminate those effects; and

(b) agree with that [F10EEA State ] a reasonable period for those consultations.

[F31(6A)The consultations required under subsection (6)(a) may be carried out through an appropriate joint body [F32set up for that purpose].]

F33(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F20S. 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)

Modifications etc. (not altering text)