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Changes over time for: Section 105CB


Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 04/11/2022.
Changes to legislation:
Highways Act 1980, Section 105CB is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[[105CB.Decision about whether or not to proceed with a project subject to an environmental impact assessmentE+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).]]
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