Highways Act 1980

F1 105C Other Member States. E+W

(1) This section applies if–

(a) it appears to the Secretary of State that a project to which section 105A(3) applies is likely to have a significant effect on the environment in another Member State; or

(b) a Member State the environment of which is likely to be significantly affected by such a project asks the Secretary of State for information about it.

(2) The Secretary of State must give the Member State–

(a) a description of the project, together with any information available to him which suggests that it may have a significant effect on the environment in the Member State;

(b) any information which he has on the nature of the decision which may be taken on the project;

(c) information about the environmental impact assessment procedure (if he considers it appropriate); and

(d) a reasonable period within which to indicate whether it wishes to participate in that procedure.

(3) Subsection (2)(a) and (b) must be complied with no later than the date of publication of the determination referred to in Section 105B(1).

(4) If the Member State indicates that it wishes to participate in the environmental impact assessment procedure, the Secretary of State must give it–

(a) a copy of the environmental statement for the project (if he has not already done so); and

(b) any information about the environmental impact assessment procedure which he considers it appropriate to give and which has not already been given to the Member State.

(5) The Secretary of State, so far as he is concerned, must also–

(a) arrange for the information which he has given to the Member State to be made available, within a reasonable time, to–

(i) the authorities referred to in Article 6(1) of the Directive; and

(ii) members of the public in the Member State who are likely to be concerned; and

(b) ensure that those authorities and the public concerned are given a reasonable opportunity to give him their views before he decides whether to proceed with the project to which the environmental impact assessment relates.

(6) The Secretary of State must, in accordance with Article 7(4) of the Directive–

(a) enter into consultations with the Member State concerned regarding, among other matters, the potential significant effects of the project on the environment of that Member State and the measures envisaged to reduce or eliminate those effects; and

(b) agree with that Member State a reasonable period for those consultations.

(7) Where a Member State has been consulted in accordance with subsection (4), on the determination of the application concerned the Secretary of State must inform the Member State of the decision and must give it documents containing the matters referred to in section 105B(6).

(8) In this section “Member State” has the same meaning as in the Directive.

Textual Amendments

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