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Highways Act 1980, Section
105C
is up to date with all changes known to be in force on or before 28 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.
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(1)This section applies if–
(a) it appears to the [F4project authority] that a project to which section [F5105B] applies is likely to have a significant effect on the environment in [F6an EEA state] ; or
(b)[F7 an EEA State ] the environment of which is likely to be significantly affected by such a project asks the [F8project authority] for information about it.
(2) The [F9project authority] must give the [F10EEA State ] –
(a) a description of the project, together with any information available to [F11the authority] which suggests that it may have a significant effect on the environment in the [F10EEA State ] ;
(b)any information which [F12the authority] has on the nature of the decision which may be taken on the project;
[F13(c)such information about the procedure required by this Part of this Act as [F14the authority] 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 [F15the notice under section 105B(2)(b)] .
(4) If the [F10EEA State ] indicates that it wishes to participate [F16 in the procedure required by this Part of this Act ] , the [F17project authority] must give it–
(a) a copy of the environmental statement for the project (if [F18the authority] has not already done so); F19 . . .
[F20(b)the information required by [F21subsection (6)] of section 105B to be included in the notice under [F22subsection (2)(b)] of that section; and
(c) any information about the procedure required by this Part of this Act which [F23the authority] considers it appropriate to give and which has not already been given to the EEA State. ]
(5)[F24The project authority must also] –
(a) arrange for the information which [F25the authority] has given to the [F10EEA State ] to be made available, within a reasonable time, to–
[F26(i)the consultation bodies, and]
(ii) members of the public in the [F10EEA State ] who are likely to be concerned; and
(b)ensure that those authorities and the public concerned are given a reasonable opportunity to give [F27the project authority] their views before [F28the project authority] decides whether to proceed with the project to which the environmental impact assessment relates.
(6)The Secretary of State[F29or the strategic highways company] must F30...–
(a) enter into consultations with the [F10EEA State ] concerned regarding, among other matters, the potential significant effects of the project on the environment of that [F10EEA State ] and the measures envisaged to reduce or eliminate those effects; and
(b) agree with that [F10EEA State ] a reasonable period for those consultations.
[F31(6A)The consultations required under subsection (6)(a) may be carried out through an appropriate joint body [F32set up for that purpose].]
F33(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
Textual Amendments
F1Word in s. 105C heading omitted (31.12.2020) by virtue of The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(8)(a)
F2Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2
F3S. 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)
F4Words in s. 105C(1)(a) substituted (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. 5(2)(a)(i) (with Sch. 6 para. 6)
F5Word in s. 105C(1)(a) substituted (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. 5(2)(a)(ii) (with Sch. 6 para. 6)
F6Words in s. 105C(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(8)(b)
F7Words 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)
F8Words in s. 105C(1)(b) substituted (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. 5(2)(b) (with Sch. 6 para. 6)
F9Words in s. 105C(2) substituted (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. 5(3)(a) (with Sch. 6 para. 6)
F10Words 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)
F11Words in s. 105C(2)(a) substituted (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. 5(3)(b) (with Sch. 6 para. 6)
F12Words in s. 105C(2)(b) substituted (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. 5(3)(c) (with Sch. 6 para. 6)
F13S. 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)
F14Words in s. 105C(2)(c) substituted (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. 5(3)(c) (with Sch. 6 para. 6)
F15Words in s. 105C(3) substituted (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. 5(4) (with Sch. 6 para. 6)
F16Words 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)
F17Words in s. 105C(4) substituted (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. 5(5)(a) (with Sch. 6 para. 6)
F18Words in s. 105C(4)(a) substituted (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. 5(5)(b) (with Sch. 6 para. 6)
F19Word 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)
F20S. 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)
F21Words in s. 105C(4)(b) substituted (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. 5(5)(c)(i) (with Sch. 6 para. 6)
F22Words in s. 105C(4)(b) substituted (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. 5(5)(c)(ii) (with Sch. 6 para. 6)
F23Words in s. 105C(4)(c) substituted (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. 5(5)(b) (with Sch. 6 para. 6)
F24Words in s. 105C(5) substituted (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. 5(6)(a) (with Sch. 6 para. 6)
F25Words in s. 105C(5)(a) substituted (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. 5(6)(b)(i) (with Sch. 6 para. 6)
F26S. 105C(5)(a)(i) substituted (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. 5(6)(b)(ii) (with Sch. 6 para. 6)
F27Words in s. 105C(5)(b) substituted (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. 5(6)(c)(i) (with Sch. 6 para. 6)
F28Words in s. 105C(5)(b) substituted (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. 5(6)(c)(ii) (with Sch. 6 para. 6)
F29Words 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)
F30Words in s. 105C(6) omitted (31.12.2020) by virtue of The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(8)(c)
F31S. 105C(6A) inserted (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. 5(7) (with Sch. 6 para. 6)
F32Words in s. 105C(6A) substituted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(8)(d)
F33S. 105C(7) omitted (5.12.2017) by virtue of The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 2 para. 5(8) (with Sch. 6 para. 6)
F34S. 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)
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)
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