The Environmental Impact Assessment (Agriculture) (England) Regulations 2006

Procedure where a significant project in England may affect another EEA State

15.—(1) As soon as possible after receiving an application for consent for a significant project, Natural England must consider whether that project is also likely to have significant effects on the environment in another EEA State.

(2) If Natural England considers that such effects are likely, it must send the information and other material specified in paragraph (3) to—

(a) the EEA State which it considers is likely to be affected; and

(b) any other EEA State which—

(i) is likely to be significantly affected by the project in question, and

(ii) requests the information and other material.

(3) The information and other material referred to in paragraph (2) are—

(a) details of the nature and location of the significant project;

(b) any information Natural England has on the impact it is likely to have on that EEA State;

(c) an indication of whether Natural England is minded to grant consent for the project, and the nature of any consent that might be granted; and

(d) a request that the EEA State should indicate within a reasonable time whether it wishes to participate in the procedure under this Part of these Regulations.

(4) If the EEA State indicates that it wishes to participate in the procedure under this Part of these Regulations, Natural England must—

(a) send it a copy of the application for consent, of the environmental statement and of any further information it considers relevant to the application; and

(b) provide it with information about the procedure under these Regulations.

(5) Natural England must also—

(a) arrange for the information and material in paragraphs (3) and (4) to be made available, in 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; and

(b) ensure that those authorities and the public concerned are given an opportunity to provide Natural England with their opinion on the information supplied within a reasonable time before consent for the project is granted.

(6) In accordance with Article 7(4) of the EIA Directive, Natural England must—

(a) enter into consultations with the EEA State concerned about, amongst other things, the potential significant effects of the project on the environment of that State and the measures envisaged to reduce or eliminate those effects; and

(b) seek to agree with the EEA State a reasonable period of time for those consultations, which must include time for consideration of any opinions received under paragraph (5)(b).