The Highways (Assessment of Environmental Effects) Regulations 1988
These Regulations implement for England and Wales Council Directive 85/337/EEC of the 27th June 1985 (OJ No. L175, 5.7.85, p.4O) 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 Regulations amend the Highways Act 1980. The effect of those amendments will be that in any case where the Secretary of State has under consideration the construction of a new highway or the improvement of an existing highway he shall determine before the date of publication of details of the project whether or not it requires an environmental assessment under the Council Directive. If the Secretary of State determines that the project does require such an assessment he shall publish an environmental statement and ensure that the public concerned (and if on completion of the project any part of the highway would lie on, or within 100 metres of, certain categories of land, also the appropriate environmental body) is given an opportunity to express an opinion before the project is initiated. The Secretary of State shall consider the environmental statement, any opinion expressed by a member of the public and, where obtained, by the appropriate environmental body, and publish his decision as to whether or not to initiate the project.