- Latest available (Revised)
- Original (As enacted)
Highways Act 1980, Section
105B
is up to date with all changes known to be in force on or before 29 August 2024. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section applies of a project authority considers that a project—
(a)[F3is of a type specified in] Annex I, or
(b)is a relevant project [F4of a type specified in] Annex II which should be made subject to an environmental impact assessment.
(2)The project authority must, not later than the date when details of the project itself are published—
(a)ensure that an environmental statement is prepared for the project, and
(b)publish a notice of the environmental statement 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 a decision is made as to whether to proceed with the construction or improvement to which the statement relates.
(3)The environmental statement for the project—
(a)must be prepared by competent experts,
(b)must include the information which, taking into account current knowledge and methods of assessment, is reasonably required by the project authority to reach a reasoned conclusion about the significant effects of the project on the environment (as required by section 105CA) and in particular the information specified in subsection (4) of this section, and
(c)with a view to avoiding duplication of assessments, must take into account the results of any relevant environmental assessment which are reasonably available to the project authority.
(4)The specified information is—
(a)a description the site, design, size and any other relevant features of the project,
(b)a description of the likely significant effects of the project on the environment,
(c)a description of the features of the project or measures envisaged to avoid, prevent or reduce and, if possible, offset any likely significant effects of the project on the environment,
(d)a description of the reasonable alternatives studied by the project authority which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment,
(e)a non-technical summary of the information mentioned in paragraphs (a) to (d), and
(f)any additional information [F5of a type] specified in Annex IV that is relevant to the specific characteristics of the project, or type of project, and to the environmental features likely to be affected.
(5)The environmental statement must be accompanied by a statement from the project authority setting out the relevant expertise or qualifications of the experts who prepared the environmental statement.
(6)The notice published under subsection (2)(b) must state—
(a)that the project authority, 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 an environmental impact assessment and, where relevant, that section 105C applies;
(d)if the project is a relevant project [F6of a type specified in] Annex II, the reasons for the determination that the project should be made subject to an environmental impact assessment with reference to the selection criteria [F7set out] in Annex III;
(e)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 (j);
(f)the times at which the copy of the environmental statement may be so inspected;
(g)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 (j);
(h)if a charge is to be made for a copy of the environmental statement, the amount of the charge;
(i)that a copy of the environmental statement may be inspected on the official website;
(j)that any person wishing to make representations about the project and the environmental statement may do so in writing to the project authority at a specified address for a specified period, being not less than 6 weeks from the date of publication of the notice, and
(k)that the project authority will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.
(7)The project authority must ensure that during the period specified under subsection (6)(j)—
(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 (6)(e),
(b)copies of the environmental statement are available to be obtained by any person from the address specified under subsection (6)(g), and
(c)that a copy of the environmental statement is available for inspection by any person on the official website.
(8)A reasonable charge reflecting the costs of printing, copying and distribution may be made by the project authority 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.
(9)The project authority must ensure that the consultation bodies are given an opportunity to express an opinion on the project and the environmental statement before the authority carries out the consideration required by section 105CA(1).]]
Textual Amendments
F1Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2
F2 Ss. 105B-105BA substituted for s. 105B (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. 4 (with Sch. 6 para. 6)
F3Words in s. 105B(1)(a) substituted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(7)(a)
F4Words in s. 105B(1)(b) substituted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(7)(b)
F5Words in s. 105B(4)(f) inserted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(7)(c)
F6Words in s. 105B(6)(d) substituted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(7)(d)(i)
F7Words in s. 105B(6)(d) inserted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(7)(d)(ii)
Modifications etc. (not altering text)
C1Ss. 105A-105C functions exercisable jointly (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 9(2), 10(b)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: