Highways Act 1980

[F1 [F2 105AB. Publication of screening decisions: projects not to be subject to an environmental impact assessment E+W

(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 [F3 of 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 [F4 set 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

F1 Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2

F2 Ss. 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)

F3 Words 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)

F4 Words 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)

C1 Ss. 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)