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[F1PART VN.I.Environmental Impact Assessment

F1SR 1999/89

Other Member StatesN.I.

67B.—(1) This Article applies if—

(a)it appears to the Department that a project to which Article 67(4) applies is likely to have a significant effect on the environment in another [F2EEA State]; or

(b)[F3an EEA State] the environment of which is likely to be significantly affected by such a project asks the Department for information about the project.

(2) The Department must give the [F2EEA State]—

(a)a description of the project, together with any information available to the Department which suggests that the project may have a significant effect on the environment in the [F2EEA State];

(b)any information which the Department has as to the nature of the decision which may be taken on the project;

[F4(c)such information about the procedure required by this Part as the Department considers appropriate; and]

(d)a reasonable period within which to indicate whether the [F2EEA State] wishes to participate in that procedure.

(3) Paragraph (2)(a) and (b) must be complied with no later than the date of publication referred to in Article 67A(1).

(4) If the [F2EEA State] indicates that it wishes to participate in the [F5procedure required by this Part], the Department must give to the [F2EEA State]—

(a)a copy of the environmental statement for the project (if it has not already done so); F6. . .

[F7(b)the information required by Article 67A(3A) to be included in the notice under Article 67A(3); and

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

(5) The Department must—

(a)arrange for the information which it has given to the [F2EEA 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 [F2EEA State] who are likely to be concerned; and

(b)ensure that those authorities and members of the public who are likely to be concerned are given a reasonable opportunity to give the Department their views before it decides whether to proceed with the project to which the environmental impact assessment relates.

(6) The Department must, in accordance with Article 7(4) of the Directive -

(a)enter into consultations with the [F2EEA State] concerned regarding, among other matters, the potential significant effects of the project on the environment of that [F2EEA State] and the measures envisaged to reduce or eliminate those effects; and

(b)agree with that [F2EEA State] a reasonable period for those consultations.

[F8(7) Where an EEA State has been consulted in accordance with paragraph (6) the Department 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 67A(8).]]