Highways Act 1980

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Point in time view as at 01/04/2018. This version of this provision has been superseded.

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Highways Act 1980, Section 105C is up to date with all changes known to be in force on or before 18 November 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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[F1 105C Other [F2EEA] States.E+W

(1)This section applies if–

(a) it appears to the [F3project authority] that a project to which section [F4105B] applies is likely to have a significant effect on the environment in another [F5EEA State ] ; or

(b)[F6 an EEA State ] the environment of which is likely to be significantly affected by such a project asks the [F7project authority] for information about it.

(2) The [F8project authority] must give the [F5EEA State ] –

(a) a description of the project, together with any information available to [F9the authority] which suggests that it may have a significant effect on the environment in the [F5EEA State ] ;

(b)any information which [F10the authority] has on the nature of the decision which may be taken on the project;

[F11(c)such information about the procedure required by this Part of this Act as [F12the authority] 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 [F13the notice under section 105B(2)(b)] .

(4) If the [F5EEA State ] indicates that it wishes to participate [F14 in the procedure required by this Part of this Act ] , the [F15project authority] must give it–

(a) a copy of the environmental statement for the project (if [F16the authority] has not already done so); F17 . . .

[F18(b)the information required by [F19subsection (6)] of section 105B to be included in the notice under [F20subsection (2)(b)] of that section; and

(c) any information about the procedure required by this Part of this Act which [F21the authority] considers it appropriate to give and which has not already been given to the EEA State. ]

(5)[F22The project authority must also] –

(a) arrange for the information which [F23the authority] has given to the [F5EEA State ] to be made available, within a reasonable time, to–

[F24(i)the consultation bodies, and]

(ii) members of the public in the [F5EEA State ] who are likely to be concerned; and

(b)ensure that those authorities and the public concerned are given a reasonable opportunity to give [F25the project authority] their views before [F26the project authority] decides whether to proceed with the project to which the environmental impact assessment relates.

(6)The Secretary of State[F27or the strategic highways company] must, in accordance with Article 7(4) of the Directive–

(a) enter into consultations with the [F5EEA State ] concerned regarding, among other matters, the potential significant effects of the project on the environment of that [F5EEA State ] and the measures envisaged to reduce or eliminate those effects; and

(b) agree with that [F5EEA State ] a reasonable period for those consultations.

[F28(6A)The consultations required under subsection (6)(a) may be carried out through an appropriate joint body (within the meaning of the Directive).]

F29(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F1Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2

F2S. 105C: word in heading substituted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(7) (with reg. 7)

F3Words in s. 105C(1)(a) substituted (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. 5(2)(a)(i) (with Sch. 6 para. 6)

F4Word in s. 105C(1)(a) substituted (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. 5(2)(a)(ii) (with Sch. 6 para. 6)

F5Words in s. 105C(1)-(6) substituted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(2) (with reg. 7)

F6Words in s. 105C(1)-(6) substituted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(2) (with reg. 7)

F7Words in s. 105C(1)(b) substituted (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. 5(2)(b) (with Sch. 6 para. 6)

F8Words in s. 105C(2) substituted (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. 5(3)(a) (with Sch. 6 para. 6)

F9Words in s. 105C(2)(a) substituted (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. 5(3)(b) (with Sch. 6 para. 6)