F2PART VAENVIRONMENTAL IMPACT ASSESSMENTS

105C F1... F3EEA States.

(1)

This section applies if–

(a)

it appears to the F4project authority that a project to which section F5105B applies is likely to have a significant effect on the environment in F6an EEA state ; or

(b)

F7 an EEA State the environment of which is likely to be significantly affected by such a project asks the F8project authority for information about it.

(2)

The F9project authority must give the F10EEA State –

(a)

a description of the project, together with any information available to F11the authority which suggests that it may have a significant effect on the environment in the F10EEA State ;

(b)

any information which F12the authority has on the nature of the decision which may be taken on the project;

F13(c)

such information about the procedure required by this Part of this Act as F14the 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 F15the notice under section 105B(2)(b) .

(4)

If the F10EEA State indicates that it wishes to participate F16 in the procedure required by this Part of this Act , the F17project authority must give it–

(a)

a copy of the environmental statement for the project (if F18the authority has not already done so); F19 . . .

F20(b)

the information required by F21subsection (6) of section 105B to be included in the notice under F22subsection (2)(b) of that section; and

(c)

any information about the procedure required by this Part of this Act which F23the 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 F10EEA State to be made available, within a reasonable time, to–

F26(i)

the consultation bodies, and

(ii)

members of the public in the F10EEA 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 StateF29or the strategic highways company must F30...–

(a)

enter into consultations with the F10EEA State concerned regarding, among other matters, the potential significant effects of the project on the environment of that F10EEA State and the measures envisaged to reduce or eliminate those effects; and

(b)

agree with that F10EEA State a reasonable period for those consultations.

F31(6A)

The consultations required under subsection (6)(a) may be carried out through an appropriate joint body F32set up for that purpose.

F33(7)

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(8)

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