Explanatory Note
(This note is not part of the Regulations)
These Regulations implement for England and Wales Council Directive 97/11/EC of the 3rd March 1997 (OJ No. L73, 14.3.97, p.5) on the assessment of the effects of certain public and private projects on the environment, in respect of those proposals to construct new highways and to improve highways to which the Directive applies in so far as those proposals are those of the Secretary of State. The Directive amends Council Directive 85/337/EEC of the 27th June (OJ No. L17, 5.7.85, p.40) on the same subject.
Regulation 2 amends Part VA of the Highways Act 1980 to effect the required changes. The principal changes made in new section 105A of the Act are first that the Secretary of State is required to determine the need to carry out an environmental impact assessment in respect of projects falling within Annex II of the amended Directive in accordance with a case-by-case examination and/or thresholds or criteria set by him taking account in any event of the relevant selection criteria set out in Annex III of the amended Directive. Further, the Secretary of State shall include in his environmental statement an outline of the main alternatives studied by him and an indication of the main reason for his choice, taking into account the environmental effects.
Section 105B of the Act contains some procedural changes. The Secretary of State is required to publish his determination as to whether an environmental impact assessment should be made. In the event that one is made, the Secretary of State shall publish the environmental statement within a reasonable time to ensure that the public concerned is given an opportunity to express an opinion before he decides whether to proceed with the project.
Section 105C of the Act reflects the new requirements for consultation between Member States where the project is likely to have a significant effect on the environment in another Member State.
Regulation 3 imports transitional arrangements.