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The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Scotland) Regulations 2007

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

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14.—(1) Where–

(a)the Scottish Ministers are aware that a relevant project is likely to have significant effects on the environment in another EEA state; or

(b)a request is made by another EEA state, whose territory is likely to be significantly affected by such a relevant project;

the Scottish Ministers shall, as soon as possible and not later than the date of publication of the notice referred to in regulation 11(1), carry out the actions specified in paragraph (2).

(2) The actions mentioned in paragraph (1) are that the Scottish Ministers shall–

(a)send to the affected state–

(i)details of the location and nature of the dredging;

(ii)any available information on its potential effect on the environment in the affected state; and

(iii)a description of the nature of the decision which may be made under these Regulations;

(b)give the affected state a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide; and

(c)publish in the Edinburgh Gazette a notice containing the particulars in sub paragraph (a) and indicating the address in Scotland from which additional information may be obtained.

(3) Where an affected state indicates a desire to participate in the procedure for which these Regulations provide, the Scottish Ministers shall, as soon as possible, send to that affected state such of the following information as has not already been provided to it in accordance with paragraph (2)–

(a)a copy of any application under regulation 9;

(b)a copy of any further information supplied under regulation 10, or other information provided by the applicant;

(c)a copy of any notice published under regulation 11(1);

(d)copies of any reports and advice issued to the Scottish Ministers; and

(e)relevant information regarding the procedure under these Regulations.

(4) The Scottish Ministers shall ensure that any bodies with specific environmental responsibilities who have been consulted by the affected state and the public concerned are given an opportunity, before any application is decided, to forward to the Scottish Ministers, within a reasonable time, their opinion on the particulars and information supplied.

(5) The Scottish Ministers shall–

(a)enter into consultations with the affected state regarding, amongst other matters, the potential effects of the dredging on the environment of that affected state and the measures envisaged to reduce or eliminate such effects; and

(b)determine, in agreement with the affected state, a reasonable period of time for the duration of the consultation period.

(6) Where the Scottish Ministers have consulted an affected state in accordance with paragraph (5) on the decision to be made on any application concerned, the Scottish Ministers shall inform that affected state of the decision and shall send to it a notice of the decision, and the notice shall state–

(a)the main reasons for the decision;

(b)the main considerations on which the decision is based, including, if relevant, information about the public participation process;

(c)where permission is granted–

(i)the conditions imposed under regulation 12(6)(a); and

(ii)where applicable, a description of the main measures to be taken to avoid, reduce and, if possible, offset any major adverse effects.

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