C2F9PART VAENVIRONMENTAL IMPACT ASSESSMENTS

Annotations:
Amendments (Textual)
F9

Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2

Modifications etc. (not altering text)
C2

Pt. 5A power to amend or repeal conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 1 (with s. 247)

C1 105C F31... F1EEA States.

1

This section applies if–

a

it appears to the F11project authority that a project to which section F12105B applies is likely to have a significant effect on the environment in F32an EEA state ; or

b

F3 an EEA State the environment of which is likely to be significantly affected by such a project asks the F13project authority for information about it.

2

The F14project authority must give the F2EEA State –

a

a description of the project, together with any information available to F15the authority which suggests that it may have a significant effect on the environment in the F2EEA State ;

b

any information which F16the authority has on the nature of the decision which may be taken on the project;

F4c

such information about the procedure required by this Part of this Act as F17the authority considers appropriate; and

d

a reasonable period within which to indicate whether it wishes to participate in that procedure.

3

Subsection (2)(a) and (b) must be complied with no later than the date of publication of F18the notice under section 105B(2)(b) .

4

If the F2EEA State indicates that it wishes to participate F5 in the procedure required by this Part of this Act , the F19project authority must give it–

a

a copy of the environmental statement for the project (if F20the authority has not already done so); F6 . . .

F7b

the information required by F22subsection (6) of section 105B to be included in the notice under F23subsection (2)(b) of that section; and

c

any information about the procedure required by this Part of this Act which F21the authority considers it appropriate to give and which has not already been given to the EEA State.

5

F24The project authority must also –

a

arrange for the information which F25the authority has given to the F2EEA State to be made available, within a reasonable time, to–

F26i

the consultation bodies, and

ii

members of the public in the F2EEA State who are likely to be concerned; and

b

ensure that those authorities and the public concerned are given a reasonable opportunity to give F27the project authority their views before F28the project authority decides whether to proceed with the project to which the environmental impact assessment relates.

6

The Secretary of StateF10or the strategic highways company must F33...–

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.

F296A

The consultations required under subsection (6)(a) may be carried out through an appropriate joint body F34set up for that purpose.

F307

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8

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .