Highways Act 1980

[F1 [F2 105CB. Decision about whether or not to proceed with a project subject to an environmental impact assessment E+W

(1) When deciding whether or not to proceed with a project for which notice of an environmental statement is published in accordance with section 105B, the project authority—

(a) must take into account its reasoned conclusion under section 105CA(1)(b), and

(b) must consider whether to make provision for monitoring significant adverse effects of the construction or the improvement on the environment.

(2) The project authority may decide to proceed with the project only if satisfied that the reasoned conclusion is up to date.

(3) The project authority may make provision for monitoring significant adverse effects on the environment only if satisfied that the type of parameters which will be required to be monitored and the duration of such monitoring are proportionate having regard to—

(a) the nature, location and size of the project, and

(b) the significance of the effects of the project on the environment.

(4) If the project authority decides to proceed with the project, it must implement any relevant feature or other measure envisaged to avoid, prevent or reduce, and if possible, offset any significant adverse effects of the project on the environment.

(5) For the purposes of subsection (4) a feature of a project or other measure is relevant if it was taken into account by the project authority in reaching the reasoned conclusion required under section 105CA(1)(b).]]

Textual Amendments

F1 Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2

F2 Ss. 105CA-105CD 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. 6 (with Sch. 6 para. 6)