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Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2001

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Proposed works likely to have significant effect on the environment in another EEA State

13.—(1) Where it appears to the Department that any proposed works are likely to have a significant effect on the environment in another EEA State or where another EEA State likely to be significantly affected so requests, the Department shall—

(a)send to that State, as soon as possible and no later than the date of publication in the Belfast Gazette of the notice referred to in regulation 7(2)—

(i)a copy of the notice;

(ii)a description of the proposed works together with any available information on their possible significant effects on the environment in that EEA State; and

(iii)information on the nature of the determination which may be made;

(b)publish the information referred to in sub-paragraph (a)(iii) in a notice in the Belfast Gazette with an indication of the source from which additional information is available;

(c)give the EEA State not less than 28 days beginning the day on which the Department forwards a copy of the notice and other information under sub-paragraph (a) to indicate whether it wishes to be consulted further in accordance with paragraphs (2) to (5).

(2) Where the EEA State indicates, under paragraph (1)(c), that it wishes to be consulted further the Department shall send to that EEA State—

(a)details of the proposed works;

(b)a copy of the environmental statement in respect of the proposed works; and

(c)relevant information regarding the procedures under the Regulations, but only to the extent that such information has not been provided to that EEA State earlier under paragraph (1)(a).

(3) The Department shall also—

(a)arrange for the particulars and information referred to in paragraphs (1)(a) and (2) to be made available, within reasonable time, to the authorities referred to in Article 6(1) of the Directive and the public in the territory of the EEA State likely to be significantly affected; and

(b)ensure that these authorities and the public concerned are given an opportunity, before a determination is made as to whether the proposed works should proceed, to forward to the Department, within reasonable time their opinion on the information supplied.

(4) The Department shall in accordance with Article 7(4) of the Directive—

(a)consult with the EEA State concerned regarding, inter alia, the potential significant effects of the proposed works on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and

(b)determine, in agreement with the other EEA State, a reasonable period of time for the duration of the consultation period.

(5) Where an EEA State has been consulted in relation to any proposed works in accordance with paragraph (4) the Department shall inform the EEA State of the determination in respect of the proposed works and shall forward to it a statement of—

(a)the determination and conditions attached thereto;

(b)the main reasons and considerations on which the determination is based; and

(c)a description, where necessary, of the main measures to avoid, reduce and if possible, offset the adverse effects of the proposed works.

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