The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Wales) Regulations 2002

Other EEA States

11.—(1) As soon as possible following receipt of an application for consent the National Assembly must consider whether the relevant project is also likely to have significant effects on the environment of another EEA State and, if it is of the opinion that such effects are likely, or where an EEA State likely to be significantly affected so requests, the National Assembly must send to that EEA State:

(a) details of the nature and location of the relevant project and any information it has on the impact it is likely to have on that EEA State; and

(b) an indication as to whether it believes consent will be given and the nature of any such consent,

and must request that the EEA State indicate within a reasonable time whether it wishes to participate in the procedure for which these Regulations provide.

(2) If the EEA State indicates that it does wish to participate in the procedure for which these Regulations provide, the National Assembly must send it a copy of the application for consent (including the environmental statement) together with any additional environmental information and must provide it with relevant information regarding the procedure under these Regulations.

(3) The National Assembly must also—

(a) arrange for the particulars and information referred to in paragraphs (1) and (2) above to be made available, within 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 likely to be significantly affected; and

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

(4) The National Assembly must in accordance with Article 7(4) of the EIA Directive—

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

(b) seek to agree with the other EEA State a reasonable period of time for the duration of the consultation period (to include consideration of any opinions received pursuant to paragraph (3)(b) above).

(5) Where the National Assembly receives information which has been made available in accordance with Article 7(1) and (2) of the EIA Directive (which relates to projects in one EEA State which are likely to have significant effects on the environment of another EEA State), the National Assembly must,—

(a) arrange for that information to be made available, within a reasonable time, to those consultation bodies and any members of the public that, in its opinion, would be likely to be concerned by the project; and

(b) ensure that the consultation bodies and members of the public provided with information in accordance with sub-paragraph (a) above are given an opportunity during the period agreed between the National Assembly and the relevant EEA State in accordance with paragraph (6)(b) below, to forward to the competent authority in the relevant EEA State, within a reasonable time, their opinion on the information provided.

(6) The National Assembly must also, in accordance with Article 7(4) of the EIA Directive,—

(a) enter into consultations with an EEA State from which information has been received as mentioned in paragraph (5) above regarding, amongst other things, the potential significant effects of the proposed project on the environment in Wales and the measures envisaged to reduce or eliminate such effects; and

(b) seek to agree with that EEA State a reasonable period, before consent for the project is granted, during which the consultation bodies and members of the public referred to in paragraph (5)(b) above may forward their opinion to the competent authority in that EEA State in accordance with that paragraph.