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Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

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Procedure by the Executive

8.  (1)  Where the Executive receives in relation to a proposed project an application for a consent pursuant to regulation 4(a) it shall—

(a)within 21 days of the date of receipt of such application notify the consultation bodies in writing of the name and address of the licensee and of the duty imposed on them by regulation 7 to make information available to the licensee; and

(b)inform the licensee of the names and addresses of the bodies notified under sub-paragraph (a) above.

(2) Where the Executive is provided with an environmental statement pursuant to regulation 5 it shall—

(a)consult the consultation bodies as to the information contained in that statement and for that purpose shall within 21 days of the date of receipt of such statement provide to them the information contained in that statement;

(b)require any body consulted under paragraph (1) to respond to the Executive within such reasonable time as the Executive may specify; and

(c)send a copy of the environmental statement to the Secretary of State stating whether or not in the opinion of the Executive the project to which the environmental statement relates is likely to have significant effects on the environment in another EEA State.

(3) The Executive shall not grant a consent (whether for the purposes of these Regulations or otherwise) in relation to an application to carry out a proposed project unless—

(a)there has been carried out an environmental impact assessment which takes into consideration the environmental statement provided under regulation 5;

(b)the Executive has taken into account—

(i)the assessment carried out pursuant to sub-paragraph (a) above;

(ii)the responses of those consulted pursuant to paragraph (2); and

(iii)any representations made to it pursuant to sub-paragraph (i) of regulation 9(1); and

(c)where paragraph (3) of regulation 12 applies—

(i)a period of at least 21 days has elapsed since the end of all periods of consultation agreed pursuant to sub-paragraph (5)(b) of that regulation; and

(ii)the Executive has taken into account any responses received by another EEA State pursuant to the provisions of regulation 12.

(4) The Executive may, on granting a consent to carry out a project, attach to that consent such conditions as may appear to it to be necessary or desirable in the interests of limiting the impact of that project on the environment.

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