Highways Act 1980

[F1 PART VA E+W ENVIRONMENTAL IMPACT ASSESSMENTS

Textual Amendments

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

105A Environmental impact assessments. E+W

(1) In this Part–

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Annex” means an Annex to the Directive; F3 . . .

• • [F4 “ the Directive ” means Council Directive No. 85/337/EEC M1 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive No. 97/11/EC M2 and Directive No. 2003/35/EC M3 of the European Parliament and Council;

  • “ member of the public ” includes any body of persons corporate or unincorporate;

  • “ public authority ” means any authority or other body on which functions are conferred by or under an enactment, including an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament; 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[F5 or a strategic highways company] is considering a project for constructing or improving a highway for which he[F6 or it] is the highway authority he[F7 or it, whichever is considering the project,] 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[F8 or the strategic highways company ]–

(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[F9 or the company] must, not later than the date when details of the project are published, [F10 prepare an environmental statement and publish notice of it in accordance with subsections (3), (3A) and (7) of section 105B] .

(4) To the extent to which the Secretary of State[F11 or the strategic highways company ] 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[F12 or the strategic highways company ] and an indication of the main reasons for his[F13 or its] 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:–

[F14 (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 M4 ;

F15 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a National Park within the meaning of the M5 National Parks and Access to the Countryside Act 1949 M6 ;

[F16 (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 M7 Norfolk and Suffolk Broads Act 1988 M8 ;

(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. M9 ;

(h) a scheduled monument within the meaning of the M10 Ancient Monuments and Archaeological Areas Act 1979 M11 ;

(i) a European site within the meaning of [F17 the Conservation of Habitats and Species Regulations 2010 (see regulation 8)].

Textual Amendments

F2 S. 105A(1): definition of "the Directive" omitted (26.4.2007) by virtue of The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 2(2)(a) (with reg. 7)

F3 Word in s. 105A(1) omitted (26.4.2007) by virtue of The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 2(2)(b) (with reg. 7)

F4 S. 105A(1): definitions of "the Directive", "member of the public" and "public authority" inserted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 2(2)(b) (with reg. 7)

F5 Words in s. 105A(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 30(2)(a); S.I. 2015/481, reg. 2(a)

F6 Words in s. 105A(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 30(2)(b); S.I. 2015/481, reg. 2(a)

F7 Words in s. 105A(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 30(2)(c); S.I. 2015/481, reg. 2(a)

F8 Words in s. 105A(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 30(3)(a); S.I. 2015/481, reg. 2(a)

F9 Words in s. 105A(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 30(3)(b); S.I. 2015/481, reg. 2(a)

F10 Words in s. 105A(3) substituted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 2(3) (with reg. 7)

F11 Words in s. 105A(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 30(4); S.I. 2015/481, reg. 2(a)

F12 Words in s. 105A(5)(d) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 30(5)(a); S.I. 2015/481, reg. 2(a)

F13 Words in s. 105A(5)(d) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 30(5)(b); S.I. 2015/481, reg. 2(a)

F14 S. 105A(6)(a) substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 5

F15 S. 105A(6)(c) repealed (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III

F16 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)

F17 Words in s. 105A(6)(i) substituted (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1, 132, Sch. 6 para. 3

Marginal Citations

M1 OJ No L 175, 5.7.85, p 40.

M2 OJ No L 73, 14.3.97, p 5.

M3 OJ No L 156, 25.6.03, p 17.

M4 S.I. 1995/419

M5 1949 c. 97.

M6 1949 c. 97.

M7 1988 c. 4.

M8 1988 (c. 4).

M9 See Command Paper 9424.

M10 1979 c. 46.

M11 1979 c. 46. See the definition in section 1(11).

105B Procedure E+W

(1) The Secretary of State[F18 or a strategic highways company ] must ensure that any determination made by him[F19 or it (as the case may be) ] as to whether or not a relevant project should be made subject to an environmental impact assessment in accordance with the Directive is published.

(2) F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F21 Notice of the] environmental statement must be published so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express their opinion before the Secretary of State[F22 or the strategic highways company (as the case may be) ] decides whether to proceed with the construction or improvement to which the assessment relates.

[F23 (3A) The notice must state—

(a) that the Secretary of State[F24 or the strategic highways company], as the relevant highway authority, is considering implementing the project;

(b) the proposed location and nature of the project;

(c) that the project is subject to the environmental impact assessment procedure required by this Part of this Act and, where relevant, that section 105C applies;

(d) that a copy of the environmental statement may be inspected at an address in the area in which the project is proposed to be situated during the period specified under paragraph (i);

(e) the times at which the copy of the environmental statement may be so inspected;

(f) an address from which copies of the environmental statement may be obtained and from which further information about the project may be requested during the period specified under paragraph (i);

(g) if a charge is to be made for a copy of the environmental statement, the amount of the charge;

(h) if the Secretary of State[F25 or the strategic highways company] uses a website for the publication of information about projects that are subject to the procedure required by this Part of this Act, that a copy of the environmental statement may be inspected on the website during the period specified under paragraph (i);

(i) that any person wishing to make any representations about the project and the environmental statement may do so in writing to the Secretary of State[F26 or the strategic highways company (as the case may be) ] at a specified address within a specified period, being not less than 6 weeks from the date of publication of the notice and

(j) that the Secretary of State[F27 or the strategic highways company] will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.

(3B) The Secretary of State[F28 or the strategic highways company] shall ensure that during the period specified under subsection (3A) (i)—

(a) copies of the environmental statement are available for inspection by any person free of charge at all reasonable hours at the address specified under subsection (3A) (d);

(b) copies of the environmental statement are available to be obtained by any person from the address specified under subsection (3A) (f); and

(c) where under subsection (3A) (h) the notice states the address of a website, that a copy of the environmental statement is available for inspection by any person on that website.

(3C) A reasonable charge reflecting the costs of printing, copying and distribution may be made by the Secretary of State[F29 or the strategic highways company] for the supply of a copy of the environmental statement—

(a) to a person other than a consultation body, or

(b) to a consultation body to which one copy has already been supplied free of charge. ]

(4) The Secretary of State[F30 or the strategic highways company] must ensure that the consultation bodies are given an opportunity to express an opinion on the F31 . . . project and the environmental statement before he[F32 or it] decides whether to proceed with the construction or improvement to which the assessment relates.

(5) Before deciding whether to proceed with the construction or improvement in relation to which an environmental impact assessment has been made, the Secretary of State[F33 or the strategic highways company ] must take into consideration–

(a) the environmental statement; F34 . . .

[F35 (b) any opinion on that statement or the project which is expressed in writing by—

(i) any of the consultation bodies; or

(ii) any other person;

and is received by the Secretary of State[F36 or the strategic highways company (as the case may be) ] within any period specified for the purpose by him[F37 or it]; and

(c) where section 105C applies, and the EEA State has indicated in accordance with subsection (4) of that section that it wishes to participate in the procedure required by this Part of this Act, any opinion on that statement or the project which is expressed in writing by—

(i) the EEA State;

(ii) a member of the public in the EEA State; or

(iii) an authority having environmental responsibilities designated by the EEA State to be consulted about the project under Article 6 (1) of the Directive;

and is received by the Secretary of State[F38 or the strategic highways company (as the case may be) ] within any period specified for the purpose by him[F39 or it ].]

[F40 (5A) Where in order to proceed with the construction or improvement in relation to which an environmental statement has been made it is necessary for the Secretary of State[F41 or the strategic highways company] to make—

(a) an order or scheme to which Schedule 1 to this Act applies; or

(b) a compulsory purchase order in the exercise of highway land acquisition powers;

the Secretary of State[F41 or the strategic highways company] shall, so far as it is practicable to do so, take the steps required of him[F42 or it] by this Part of this Act concurrently with the corresponding steps required of him[F42 or it] by Schedule 1 to this Act or, as the case may be, the Acquisition of Land Act 1981 M12 in connection with the making of the related instruments. ]

(6) When the Secretary of State[F43 or the strategic highways company (as the case may be) ] has decided whether to proceed with the construction or improvement for which an environmental impact assessment has been made, he[F44 or it ] must publish his[F45 or its] decision together with a statement confirming that he[F44 or it ] has complied with subsection (5) [F46 , and describing the right under section 105D (1) to challenge the validity of the decision,] and must make available to the public documents containing–

(a) the content of the decision and any conditions attached thereto;

(b) the main reasons and considerations on which the decision is based; F47 . . .

(c) where his[F45 or its] decision is to proceed with the construction or improvement, a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project. [F48 and]

[F49 (d) information about the consultation carried out in compliance with this section and section 105C, the representations received on consultation, and any changes made as a result of those representations.]

(7) Publication by the Secretary of State[F50 or the strategic highways company] in accordance with subsections (1), (3) and (6) [F51 shall be

(a) in the London Gazette;

(b) in at least one local newspaper circulating in the area in which the project for the construction or improvement of the highway is proposed to be situated; and

(c) if the Secretary of State[F50 or the strategic highways company] uses a website for the publication of information about projects that are subject to the procedure required by this Part of this Act, on that website.]

[F52 (8) In this section “ the consultation bodies ” means—

(a) any principal council as defined in subsection (1) of section 270 of the Local Government Act 1972 M13 for the area where the land is situated;

(b) where the land is situated in England—

(i) English Heritage[F53 , the Environment Agency] and Natural England; and

(ii) the Countryside Council for Wales and the National Assembly for Wales where, in the opinion of the Secretary of State, the land is sufficiently near to Wales to be of interest to them;

(c) where the land is situated in Wales—

(i) [F54 the Natural Resources Body for Wales]; and

(ii) any organisation referred to in paragraph (b) (i) where, in the opinion of the National Assembly for Wales, the land is sufficiently near to England to be of interest to the organisation;[F55 and]

F56 ( d ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) any other public authority which has environmental responsibilities and which the Secretary of State[F57 , the strategic highways company ] or the National Assembly for Wales considers to be likely to have an interest in the project.]

Textual Amendments

F18 Words in s. 105B(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(2)(a); S.I. 2015/481, reg. 2(a)

F19 Words in s. 105B(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(2)(b); S.I. 2015/481, reg. 2(a)

F20 S. 105B(2) omitted (26.4.2007) by virtue of The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(2) (with reg. 7)

F21 Words in s. 105B(3) substituted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(3) (with reg. 7)

F22 Words in s. 105B(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(3); S.I. 2015/481, reg. 2(a)

F23 S. 105B(3A)-(3C) inserted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(4) (with reg. 7)

F24 Words in s. 105B(3A)(a) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(4)(a); S.I. 2015/481, reg. 2(a)

F25 Words in s. 105B(3A)(h) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(4)(a); S.I. 2015/481, reg. 2(a)

F26 Words in s. 105B(3A)(i) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(4)(b); S.I. 2015/481, reg. 2(a)

F27 Words in s. 105B(3A)(j) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(4)(c); S.I. 2015/481, reg. 2(a)

F28 Words in s. 105B(3B) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(5); S.I. 2015/481, reg. 2(a)

F29 Words in s. 105B(3C) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(5); S.I. 2015/481, reg. 2(a)

F30 Words in s. 105B(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(6)(a); S.I. 2015/481, reg. 2(a)

F31 Words in s. 105B(4) omitted (26.4.2007) by virtue of The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(5) (with reg. 7)

F32 Words in s. 105B(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(6)(b); S.I. 2015/481, reg. 2(a)

F33 Words in s. 105B(5) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(7)(a); S.I. 2015/481, reg. 2(a)

F34 Word in s. 105B(5) omitted (26.4.2007) by virtue of The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(6) (with reg. 7)

F35 S. 105B(5)(b)(c) substituted (26.4.2007) for s. 105B(5)(b) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(6) (with reg. 7)

F36 Words in s. 105B(5)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(7)(b)(i); S.I. 2015/481, reg. 2(a)

F37 Words in s. 105B(5)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(7)(b)(ii); S.I. 2015/481, reg. 2(a)

F38 Words in s. 105B(5)(c) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(7)(b)(i); S.I. 2015/481, reg. 2(a)

F39 Words in s. 105B(5)(c) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(7)(b)(ii); S.I. 2015/481, reg. 2(a)

F40 S. 105B(5A) inserted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(7) (with reg. 7)

F41 Words in s. 105B(5A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(8)(a); S.I. 2015/481, reg. 2(a)

F42 Words in s. 105B(5A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(8)(b); S.I. 2015/481, reg. 2(a)

F43 Words in s. 105B(6) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(9)(a); S.I. 2015/481, reg. 2(a)

F44 Words in s. 105B(6) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(9)(b); S.I. 2015/481, reg. 2(a)

F45 Words in s. 105B(6) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(9)(c); S.I. 2015/481, reg. 2(a)

F46 Words in s. 105B(6) inserted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(8)(a) (with reg. 7)

F47 Word in s. 105B(6)(b) omitted (26.4.2007) by virtue of The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(8)(b) (with reg. 7)

F48 Word in s. 105B(6)(c) inserted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(8)(c) (with reg. 7)

F49 S. 105B(6)(d) inserted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(8)(d) (with reg. 7)

F50 Words in s. 105B(7) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(10); S.I. 2015/481, reg. 2(a)

F51 Words in s. 105B(7) inserted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(9) (with reg. 7)

F52 S. 105B(8) substituted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 3(10) (with reg. 7)

F53 Words in s. 105B(8)(b)(i) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 161(2)(a) (with Sch. 7)

F54 Words in s. 105B(8)(c)(i) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 161(3)(a) (with Sch. 7)

F55 Word in s. 105B(8)(c)(ii) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 161(3)(b) (with Sch. 7)

F56 S. 105B(8)(d) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 161(4) (with Sch. 7)

F57 Words in s. 105B(8)(e) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 31(11); S.I. 2015/481, reg. 2(a)

Marginal Citations

M12 1981 c. 67. This Act was amended by the Planning and Compulsory Purchase Act 2004 (c. 5).

M13 1972 c. 70.

105C Other [F58 EEA] States. E+W

(1) This section applies if–

(a) it appears to the Secretary of State [F59 or a strategic highways company ] that a project to which section 105A(3) applies is likely to have a significant effect on the environment in another [F60 EEA State ] ; or

(b) [F61 an EEA State ] the environment of which is likely to be significantly affected by such a project asks the Secretary of State [F62 or the strategic highways company, whichever is considering the project, ] for information about it.

(2) The Secretary of State [F63 or the strategic highways company ] must give the [F60 EEA State ] –

(a) a description of the project, together with any information available to him [F64 or the company ] which suggests that it may have a significant effect on the environment in the [F60 EEA State ] ;

(b) any information which he[F65 or the company ] has on the nature of the decision which may be taken on the project;

[F66 (c) such information about the procedure required by this Part of this Act as he[F67 or the company] 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 the determination referred to in Section 105B(1).

(4) If the [F60 EEA State ] indicates that it wishes to participate [F68 in the procedure required by this Part of this Act ] , the Secretary of State [F69 or the strategic highways company ] must give it–

(a) a copy of the environmental statement for the project (if he [F70 or the company ] has not already done so); F71 . . .

[F72 (b) the information required by subsection (3A) of section 105B to be included in the notice under subsection (3) of that section; and

(c) any information about the procedure required by this Part of this Act which he [F73 or the company ] considers it appropriate to give and which has not already been given to the EEA State. ]

(5) The Secretary of State[F74 or the strategic highways company ], so far as he[F75 or the company] is concerned, must also–

(a) arrange for the information which he[F75 or the company ] has given to the [F60 EEA State ] to be made available, within a reasonable time, to–

(i) the authorities referred to in Article 6(1) of the Directive; and

(ii) members of the public in the [F60 EEA State ] who are likely to be concerned; and

(b) ensure that those authorities and the public concerned are given a reasonable opportunity to give him[F76 or the company] their views before he[F75 or the company ] decides whether to proceed with the project to which the environmental impact assessment relates.

(6) The Secretary of State[F77 or the strategic highways company] must, in accordance with Article 7(4) of the Directive–

(a) enter into consultations with the [F60 EEA State ] concerned regarding, among other matters, the potential significant effects of the project on the environment of that [F60 EEA State ] and the measures envisaged to reduce or eliminate those effects; and

(b) agree with that [F60 EEA State ] a reasonable period for those consultations.

[F78 (7) Where an EEA State has been consulted in accordance with subsection (4) the Secretary of State [F79 or the strategic highways company ] must, after deciding whether to proceed with the project to which the environmental statement relates, inform the EEA State of the decision and give it documents containing the matters referred to in section 105B (6). ]

(8) F80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 S. 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)

F59 Words in s. 105C(1)(a) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 32(2)(a); S.I. 2015/481, reg. 2(a)

F60 Words 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)

F61 Words 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)

F62 Words in s. 105C(1)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 32(2)(b); S.I. 2015/481, reg. 2(a)

F63 Words in s. 105C(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 32(3)(a); S.I. 2015/481, reg. 2(a)

F64 Words in s. 105C(2)(a) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 32(3)(b); S.I. 2015/481, reg. 2(a)

F65 Words in s. 105C(2)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 32(3)(c); S.I. 2015/481, reg. 2(a)

F66 S. 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)

F67 Words in s. 105C(2)(c) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 32(3)(c); S.I. 2015/481, reg. 2(a)

F68 Words 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)

F69 Words in s. 105C(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 32(4)(a); S.I. 2015/481, reg. 2(a)

F70 Words in s. 105C(4)(a) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 32(4)(b); S.I. 2015/481, reg. 2(a)

F71 Word 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)

F72 S. 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)

F73 Words in s. 105C(4)(c) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 32(4)(b); S.I. 2015/481, reg. 2(a)

F74 Words in s. 105C(5) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 32(5)(a); S.I. 2015/481, reg. 2(a)

F75 Words in s. 105C(5) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 32(5)(b); S.I. 2015/481, reg. 2(a)

F76 Words in s. 105C(5)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 32(5)(c); S.I. 2015/481, reg. 2(a)

F77 Words 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)

F78 S. 105C(7) substituted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(5) (with reg. 7)

F79 Words in s. 105C(7) 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)

F80 S. 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)

[F81 105D Validity of decisions E+W

(1) If a person aggrieved by a decision of the Secretary of State[F82 or a strategic highways company ] to proceed with the construction or improvement for which an environmental statement has been made desires to question the validity of the decision on the ground that—

(a) it is not within the powers of this Act; or

(b) any requirement of this Part of this Act has not been complied with in relation to the decision;

he may, within 6 weeks from the date on which the decision is first published under section 105B (6), make an application for the purpose to the High Court.

(2) On any such application, the Court—

(a) may by interim order suspend the operation of the decision, or any aspect of it, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and

(b) if satisfied that the decision is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Part of this Act, may quash the decision or any aspect of it, either generally or in so far as it affects any property of the applicant.

(3) Subject to subsection (2), a decision to which subsection (1) applies shall not be questioned in any legal proceedings whatever.]]

Textual Amendments

F81 S. 105D inserted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 5 (with reg. 7)

F82 Words in s. 105D(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 33; S.I. 2015/481, reg. 2(a)