[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).