Highways Act 1980

105A Environmental impact assessments. E+W

(1) In this Part–

• “the Directive” means Council Directive No. 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive No. 97/11/EC;

• “Annex” means an Annex to the Directive; and

• “relevant project” means a project for constructing or improving a highway where the area of the completed works together with any area occupied during the period of construction or improvement by requisite apparatus, equipment, machinery, materials, plant, spoil heaps or other such facilities exceeds 1 hectare or where any such area is situated in whole or in part in a sensitive area.

(2) If the Secretary of State is considering a project for constructing or improving a highway for which he is the highway authority he must, before details of the project are published, determine whether or not it falls within Annex I or II.

(3) If the Secretary of State–

(a) considers that the project falls within Annex I, or

(b) considers that it is a relevant project falling within Annex II and determines, having regard to the selection criteria contained in Annex III, that it should be made subject to an environmental impact assessment in accordance with the Directive,

he must, not later than the date when details of the project are published, publish an environmental statement.

(4) To the extent to which the Secretary of State considers–

(a) that it is relevant to the specific characteristics of the project and of the environmental features likely to be affected by it, and

(b) that the information may reasonably be gathered (having regard among other matters to current knowledge and methods of assessment),

the environmental statement must contain the information referred to in Annex IV.

(5) That information must include at least–

(a) a description of the project (comprising information on the site, design and size of the project);

(b) a description of the measures envisaged in order to avoid, reduce, and, if possible, remedy significant adverse effects;

(c) the data required to identify and assess the main effects which the project is likely to have on the environment;

(d) an outline of the main alternatives studied by the Secretary of State and an indication of the main reasons for his choice (taking into account the environmental effects);

(e) a non-technical summary of the information mentioned in paragraphs (a) to (d).

(6) “Sensitive area” means any of the following:–

[F1 (a) a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);]

(b) land adjacent to such an area that is notified to the local planning authority in accordance with paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995 F2 ;

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a National Park within the meaning of the M1 National Parks and Access to the Countryside Act 1949 F4 ;

[F5 (e) an area of outstanding beauty designated as such under section 82 of the Countryside and Rights of Way Act 2000.]

(f) the Broads as defined in the M2 Norfolk and Suffolk Broads Act 1988 F6 ;

(g) a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage. F7 ;

(h) a scheduled monument within the meaning of the M3 Ancient Monuments and Archaeological Areas Act 1979 F8 ;

(i) a European site within the meaning of regulation 10 of the Conservation (Natural Habitats etc.) Regulations 1994 F9 .

Textual Amendments

F1 S. 105A(6)(a) substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 5

F2 S.I. 1995/419

F3 S. 105A(6)(c) repealed (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III

F4 1949 c. 97.

F5 S. 105A(6)(e) substituted (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, s. 93, Sch. 15 Pt. I para. 5 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e); S.I. 2001/1410, art. 2(g)

F6 1988 (c. 4).

F7 See Command Paper 9424.

F8 1979 c. 46. See the definition in section 1(11).

F9 S.I. 1994/2716.

Marginal Citations

M1 1949 c. 97.

M2 1988 c. 4.

M3 1979 c. 46.