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Highways Act 1980, Section 105AB 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.
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(1)The project authority must publish a notice of—
(a)any determination that the exemption in section 105AA(6) applies to a project;
(b)any determination that a relevant project [F3of a type specified in] Annex II should not be made subject to an environmental impact assessment.
(2)A notice under subsection (1)(a) must—
(a)state the reasons for the determination, and
(b)state whether another form of assessment of the effects of the project on the environment is considered appropriate.
(3)A notice under subsection (1)(b) must—
(a)state the reasons for the determination with reference to the relevant selection criteria [F4set out] in Annex III, and
(b)include a description of any features of the project, or other measures, which are proposed by the authority to avoid or prevent significant adverse effects on the environment.
(4)If the project authority publishes a notice under subsection (1)(a), the project authority must publish the results of any other assessment considered appropriate for the purposes of section 105AA(7).]]
Textual Amendments
F1Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2
F2Ss. 105A-105AB substituted for s. 105A (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. 3 (with Sch. 6 paras. 4, 5, 6)
F3Words in s. 105AB(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(6)(a)
F4Words in s. 105AB(3)(a) inserted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 3(6)(b)
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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