Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) Regulations (Northern Ireland) 2006

Other EEA States

11.—(1) As soon as possible following receipt of the application for consent the Department shall consider whether the relevant project is also likely to have significant effects on the environment of another EEA State and, if it is of the opinion that such effects are likely, or where an EEA State likely to be significantly affected so requests, the Department shall provide a copy of the environmental statement relating to the project to the EEA State.

(2) Where the Department receives a copy of an environmental statement in accordance with paragraph (1) it shall—

(a) send to the EEA State as soon as possible and no later than the date of its publication in the Belfast Gazette of the notice referred to in regulation 9(6), a copy of that notice;

(b) make available to the State any additional environmental information which is relevant to the notice in the Belfast Gazette sent to it under sub-paragraph (a) but which only became available after the date of its publication;

(c) give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide; and

(d) inform the applicant for consent.

(3) Where an EEA State indicates, in accordance with paragraph (2)(c) that it wishes to participate in the procedure for which these Regulations provide, the Department shall as soon as possible send to that EEA State the following information—

(a) a copy of the application for consent;

(b) a copy of the environmental statement in respect of the application;

(c) all the information required to be given to any person under regulation 9 or 10; and

(d) relevant information regarding the procedure under these Regulations,

but only to the extent that such information has not been provided to the EEA State earlier in accordance with paragraph (2).

(4) The Department shall also—

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

(b) ensure that those authorities and the public concerned are given an opportunity before consent to the project is granted to forward to the Department, within a reasonable time, their opinion on the information supplied.

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

(a) enter into consultation with the EEA State concerned, regarding, among other things, the potential significant effects of the project on the environment of that State and the measures envisaged to reduce or eliminate such effects;

(b) seek to agree with the other EEA State a reasonable period of time for the duration of the consultation period (to include consideration of any opinions received pursuant to paragraph (4)(b)).

(6) Where an EEA State has been consulted in accordance with paragraph (5), on the determination of the application for a consent the Department shall inform the EEA State of the decision on the application and shall forward to it a statement of—

(a) the content of the decision and any conditions attached thereto;

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

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

(7) Where the Department receives from another EEA State information which has been made available in accordance with Article 7(1) and (2) of the EIA Directive (which relates to projects in one EEA State which are likely to have significant effects on the environment in another EEA State), the Department shall—

(a) arrange for that information to be made available within a reasonable time, to such of the consultation bodies and such members of the public as, in its opinion, would be likely to be affected by the project;

(b) ensure that the consultation bodies and members of the public provided with the information in accordance with paragraph (a) are given an opportunity during the period agreed between the Department and the relevant EEA State in accordance with paragraph (8)(b) to forward to the competent authority in the relevant EEA State within reasonable time, their opinion of the information provided.

(8) The Department shall also, in accordance with Article 7(4) of the EIA Directive—

(a) enter into consultations with an EEA State from which information has been received as mentioned in paragraph (7) regarding, amongst other things, the potential significant effects of the proposed project on the environment in Northern Ireland and the measures envisaged to reduce or eliminate such effects; and

(b) seek to agree with that EEA State a reasonable period, before consent for the project is granted, during which the consultation bodies and members of the public referred to in paragraph (7)(b) may forward their opinion to the competent authority of that EEA State in accordance with that paragraph.