The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017

Development affecting other EEA states

24.—(1) Where the relevant authority thinks that the development is likely to have significant effects on the environment in an EEA state (other than the United Kingdom), or where an EEA state (other than the United Kingdom) so requests, the relevant authority must, as soon as reasonably practicable, send to the EEA state—

(a) a description of the development, together with any available information on its possible significant effect on the environment in EEA states other than the United Kingdom;

(b) a notice explaining the nature of the possible decisions that may be taken in relation to the application and informing the EEA state that it may, within such reasonable period as may be specified in the notice, inform the relevant authority in writing that the EEA state wishes to invoke the procedure provided by this regulation.

(2) Paragraphs (3) to (5) apply where an EEA state informs the relevant authority in writing that the EEA state wishes to invoke the procedure provided by this regulation.

(3) As soon as reasonably practicable after being so informed, the relevant authority must send to the EEA state (to the extent that the relevant authority has not already done so)—

(a) a copy of the notice published by the developer under regulation 22;

(b) a copy of the EIA report; and

(c) any other available information that is relevant to the development.

(4) The relevant authority must ensure that a reasonable period of time is given for the authorities of the EEA state referred to in Article 6(1) of the EIA Directive and the public concerned in the EEA state to make representations about the information sent under paragraphs (1) and (3) to the relevant authority before the application is determined.

(5) The relevant authority must enter into consultations with the EEA state, for a reasonable period of time agreed with the EEA state, regarding, amongst other things, the likely significant effect of the development on the environment of the EEA state and the measures envisaged to reduce or eliminate those effects.

(6) This regulation is subject to regulation 36 (confidential information, etc.).