The Highways (Environmental Impact Assessment) Regulations 2007

Other EEA States

4.—(1) Section 105C of the 1980 Act (1) (other Member States) is amended as follows.

(2) In subsections (1) to (6) for each reference to “Member State” or “a Member State” substitute “EEA State” or “an EEA State” as appropriate.

(3) In subsection (2) for paragraph (c) substitute—

“(c) such information about the procedure required by this Part of this Act as he considers appropriate; and”.

(4) In subsection (4)—

(a) for “in the environmental impact assessment procedure” substitute “in the procedure required by this Part of this Act”;

(b) omit “and” at the end of paragraph (a); and

(c) for paragraph (b) substitute—

“(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 considers it appropriate to give and which has not already been given to the EEA State.”.

(5) For subsection (7) substitute—

“(7) Where an EEA State has been consulted in accordance with subsection (4) the Secretary of State 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).”.

(6) Omit subsection (8).

(7) In the heading to the section, for “Member” substitute “EEA”.

(1)

Section 105C was inserted by regulation 2 of the Highways (Assessment of Environmental Effects) Regulations 1999 (S.I. 1999/369).