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The Highways (Assessment of Environmental Effects) Regulations 1999

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3.  These Regulations do not apply–

(a)to a project for which the Secretary of State had published an environmental statement before the date on which they came into force (“the commencement date”) but for which no draft order or scheme was published; or

(b)to a project in relation to which a draft order or scheme was published before the commencement date; or

(c)to a project where a draft order or scheme was not required and for which the works contract had been let before the commencement date.

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