F1Part VA Environmental Assessment
F2105B Procedure
1
The Secretary of State must ensure that any determination made by him as to whether or not a relevant project should be made subject to an environmental impact assessment in accordance with the Directive is published.
2
Any project for the construction or improvement of a special road which falls within Annex II is to be treated as having characteristics that require it to be made subject to an environmental impact assessment.
3
An environmental statement must be published so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express their opinion before the Secretary of State decides whether to proceed with the construction or improvement to which the assessment relates.
4
The Secretary of State must ensure that the consultation bodies are given an opportunity to express an opinion on the published details of the project and the environmental statement before he decides whether to proceed with the construction or improvement to which the assessment relates.
5
Before deciding whether to proceed with the construction or improvement in relation to which an environmental impact assessment has been made, the Secretary of State must take into consideration–
a
the environmental statement; and
b
any opinion on that statement expressed by a member of the public, by any of the consultation bodies or by any Member State consulted under section 105C.
6
When the Secretary of State has decided whether to proceed with the construction or improvement for which an environmental impact assessment has been made, he must publish his decision together with a statement confirming that he has complied with subsection (5) and must make available to the public documents containing–
a
the content of the decision and any conditions attached thereto;
b
the main reasons and considerations on which the decision is based; and
c
where his decision is to proceed with the construction or improvement, a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.
7
Publication by the Secretary of State in accordance with subsections (1), (3) and (6) shall be in the London Gazette and in at least one local newspaper circulating in the area in which the project for the construction or improvement of the highway is situated.
8
In this section–
“the consultation bodies” means–
- a
any principal council as defined in subsection (1) of section 270 of the M1Local Government Act 1972 for the area where the land is situated;
- b
where the land is situated in England, the Countryside Commission, English Heritage and the Nature Conservancy Council for England;
- c
where the land is situated in Wales, Cadw and the Countryside Council for Wales; and
- d
the Environment Agency.
Part VA (s. 105A) inserted by S.I. 1988/1241, reg. 2