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[F1PART VA E+WENVIRONMENTAL IMPACT ASSESSMENTS

Textual Amendments

F1Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2

105C Other [F2EEA] States.E+W

(1)This section applies if–

(a)it appears to the Secretary of State that a project to which section 105A(3) applies is likely to have a significant effect on the environment in another [F3EEA State] ; or

(b)[F4an EEA State] the environment of which is likely to be significantly affected by such a project asks the Secretary of State for information about it.

(2)The Secretary of State must give the [F3EEA State]–

(a)a description of the project, together with any information available to him which suggests that it may have a significant effect on the environment in the [F3EEA State] ;

(b)any information which he has on the nature of the decision which may be taken on the project;

[F5(c)such information about the procedure required by this Part of this Act as he 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 the determination referred to in Section 105B(1).

(4)If the [F3EEA State] indicates that it wishes to participate [F6in the procedure required by this Part of this Act] , the Secretary of State must give it–

(a)a copy of the environmental statement for the project (if he has not already done so); F7. . .

[F8(b)the information required by subsection (3A) of section 105B to be included in the notice under subsection (3) of that section; and

(c)any information about the procedure required by this Part of this Act which he considers it appropriate to give and which has not already been given to the EEA State.]

(5)The Secretary of State, so far as he is concerned, must also–

(a)arrange for the information which he has given to the [F3EEA State] to be made available, within a reasonable time, to–

(i)the authorities referred to in Article 6(1) of the Directive; and

(ii)members of the public in the [F3EEA State] who are likely to be concerned; and

(b)ensure that those authorities and the public concerned are given a reasonable opportunity to give him their views before he decides whether to proceed with the project to which the environmental impact assessment relates.

(6)The Secretary of State must, in accordance with Article 7(4) of the Directive–

(a)enter into consultations with the [F3EEA State] concerned regarding, among other matters, the potential significant effects of the project on the environment of that [F3EEA State] and the measures envisaged to reduce or eliminate those effects; and

(b)agree with that [F3EEA State] a reasonable period for those consultations.

[F9(7)Where an EEA State has been consulted in accordance with subsection (4) the Secretary of State must, after deciding whether to proceed with the project to which the environmental statement relates, inform the EEA State of the decision and give it documents containing the matters referred to in section 105B (6).]

(8)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F8S. 105C(4)(b)(c) substituted (26.4.2007) for s. 105(4)(b) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(4)(c) (with reg. 7)