Highways Act 1980

[F1 105C Other [F2EEA] States.E+W

(1)This section applies if–

(a) it appears to the Secretary of State [F3 or a strategic highways company ] that a project to which section 105A(3) applies is likely to have a significant effect on the environment in another [F4EEA State ] ; or

(b)[F5 an EEA State ] the environment of which is likely to be significantly affected by such a project asks the Secretary of State [F6 or the strategic highways company, whichever is considering the project, ] for information about it.

(2) The Secretary of State [F7 or the strategic highways company ] must give the [F4EEA State ] –

(a) a description of the project, together with any information available to him [F8 or the company ] which suggests that it may have a significant effect on the environment in the [F4EEA State ] ;

(b)any information which he[F9or the company ] has on the nature of the decision which may be taken on the project;

[F10(c)such information about the procedure required by this Part of this Act as he[F11or the company] considers 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 [F4EEA State ] indicates that it wishes to participate [F12 in the procedure required by this Part of this Act ] , the Secretary of State [F13 or the strategic highways company ] must give it–

(a) a copy of the environmental statement for the project (if he [F14 or the company ] has not already done so); F15 . . .

[F16(b)the information required by subsection (3A) of section 105B to be included in the notice under subsection (3) of that section; and

(c) any information about the procedure required by this Part of this Act which he [F17 or the company ] considers it appropriate to give and which has not already been given to the EEA State. ]

(5)The Secretary of State[F18or the strategic highways company ], so far as he[F19or the company] is concerned, must also–

(a) arrange for the information which he[F19 or the company ] has given to the [F4EEA 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 [F4EEA 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[F20or the company] their views before he[F19 or the company ] decides whether to proceed with the project to which the environmental impact assessment relates.

(6)The Secretary of State[F21or the strategic highways company] must, in accordance with Article 7(4) of the Directive–

(a) enter into consultations with the [F4EEA State ] concerned regarding, among other matters, the potential significant effects of the project on the environment of that [F4EEA State ] and the measures envisaged to reduce or eliminate those effects; and

(b) agree with that [F4EEA State ] a reasonable period for those consultations.

[F22(7) Where an EEA State has been consulted in accordance with subsection (4) the Secretary of State [F23 or the strategic highways company ] must, after deciding whether to proceed with the project to which the environmental statement relates, inform the EEA State of the decision and give it documents containing the matters referred to in section 105B (6). ]