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The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

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Projects likely to have significant effects on the environment in another EEA State

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11.—(1) Where—

(a)it comes to the attention of the Department that a relevant project is the subject of an environmental impact assessment application and is likely to have significant effects on the environment in another EEA State; or

(b)another EEA State likely to be significantly affected by such a project so requests, the Department must—

(i)publish a notice in the Belfast Gazette giving the address of the relevant project, stating that it is accompanied by an environmental impact assessment report and that it is likely to have significant effects on the environment of another EEA State and giving an address at which further information may be obtained;

(ii)send to the EEA State as soon as possible and no later than the date of publication of the notice referred to in sub-paragraph (i), the particulars mentioned in paragraph (2) and if the Department thinks fit, the information referred to in paragraph (3); and

(iii)give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these regulations provide.

(2) The particulars referred to in paragraph (1)(b)(ii) are—

(a)a description of the relevant project, together with any available information on its possible significant effect on the environment in another EEA State; and

(b)information on the nature of the determination that may be made.

(3) Where an EEA State indicated in accordance with paragraph (1)(b)(iii) that it wishes to participate in the procedure for which these regulations provide, the Department must send to that EEA State—

(a)a description of the relevant project concerned;

(b)a copy of the environmental impact assessment report in respect of the relevant project to which that application relates; and

(c)relevant information regarding the procedure outlined in these Regulations, unless that information has already been provided to the EEA State earlier in accordance with paragraph (1)(b)(ii).

(4) The Department must also—

(a)arrange for the particulars and information referred to in paragraphs (2) and (3) to be made available, within a reasonable time, to the authorities referred to in Article 6.1 of the Directive and to the public concerned in the territory of the EEA State likely to be significantly affected; and

(b)ensure that those authorities and the public concerned are given an opportunity, before the licence or modification thereof is granted, to forward to the Department, within a reasonable time, their opinion of the information supplied.

(5) The Department must in accordance with Article 7.4 of the Directive—

(a)enter into consultations with the EEA State concerned regarding, inter alia, the potential transboundary effects of the relevant project on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and

(b)agree with the other EEA State, a reasonable timeframe for the duration of the consultation period.

(6) Where an EEA State has been consulted in accordance with paragraph (3), on the determination of the application concerned, the Department must inform the EEA State and must forward to it a statement of—

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

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

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

(7) The consultations referred to in paragraph (5) may be conducted through an appropriate joint body.

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