Section 105C: ... EEA States.

Highways Act 1980 · 1980 c. 66View on legislation.gov.uk

Part VA: ENVIRONMENTAL IMPACT ASSESSMENTS

This section applies if–

it appears to the project authority that a project to which section 105B applies is likely to have a significant effect on the environment in an EEA state ; or
an EEA State the environment of which is likely to be significantly affected by such a project asks the project authority for information about it.

The project authority must give the EEA State –

a description of the project, together with any information available to the authority which suggests that it may have a significant effect on the environment in the EEA State ;
any information which the authority has on the nature of the decision which may be taken on the project;
such information about the procedure required by this Part of this Act as the authority considers appropriate; and
a reasonable period within which to indicate whether it wishes to participate in that procedure.

Subsection (2)(a) and (b) must be complied with no later than the date of publication of the notice under section 105B(2)(b) .

If the EEA State indicates that it wishes to participate in the procedure required by this Part of this Act , the project authority must give it–

a copy of the environmental statement for the project (if the authority has not already done so); . . .
the information required by subsection (6) of section 105B to be included in the notice under subsection (2)(b) of that section; and
any information about the procedure required by this Part of this Act which the authority considers it appropriate to give and which has not already been given to the EEA State.

The project authority must also –

arrange for the information which the authority has given to the EEA State to be made available, within a reasonable time, to–
the consultation bodies, and
members of the public in the EEA State who are likely to be concerned; and
ensure that those authorities and the public concerned are given a reasonable opportunity to give the project authority their views before the project authority decides whether to proceed with the project to which the environmental impact assessment relates.

The Secretary of Stateor the strategic highways company must ...–

enter into consultations with the EEA State concerned regarding, among other matters, the potential significant effects of the project on the environment of that EEA State and the measures envisaged to reduce or eliminate those effects; and
agree with that EEA State a reasonable period for those consultations.

The consultations required under subsection (6)(a) may be carried out through an appropriate joint body set up for that purpose.

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