The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999

Development in Great Britain likely to have significant effects in another Member State

15.—(1) Where–

(a) it comes to the attention of the Secretary of State that development proposed to be carried out is likely to have significant effects on the environment in another Member State; or

(b) another Member State likely to be significantly affected by such development so requests,

the Secretary of State shall–

(i) send to the Member State as soon as possible and no later than their date of publication in the London Gazette or the Edinburgh Gazette referred to in sub-paragraph (ii) below, the particulars mentioned in paragraph (2) and, if he thinks fit, the information referred to in paragraph (3); and

(ii) publish the particulars mentioned in sub-paragraph (i) above in a notice in the London Gazette or, having regard to the location of the proposed development, in the Edinburgh Gazette, with an indication of where further information is available; and

(iii) give the Member State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide.

(2) The particulars referred to in paragraph (1)(i) are–

(a) a description of the development, together with any available information on its possible transboundary impact; and

(b) information on the nature of the decision which may be taken.

(3) Where a Member State indicates, in accordance with paragraph (1)(iii), that it wishes to participate in the procedure for which these Regulations provide, the Secretary of State shall as soon as possible send to that Member State the following information–

(a) a copy of the application concerned;

(b) a copy of the environmental statement in respect of the development to which that application relates; and

(c) relevant information regarding the procedure under these Regulations,

but only to the extent that such information has not been provided to the Member State earlier in accordance with paragraph (1)(i).

(4) The Secretary of State in so far as he is concerned, shall also–

(a) arrange for the particulars and information referred to in paragraphs (2) and (3) to be made available, within a reasonable time, to the authorities referred to in Article 6(1) of the Directive and the public concerned in the territory of the Member State likely to be significantly affected; and

(b) ensure that those authorities and the public concerned are given an opportunity, before consent or a licence for the development is granted, to forward to the Secretary of State, within a reasonable time, their opinion on the information supplied.

(5) The Secretary of State shall in accordance with Article 7(4) of the Directive–

(a) enter into consultations with the Member State concerned regarding, inter alia, the potential transboundary effects of the development and the measures envisaged to reduce or eliminate such effects; and

(b) determine in agreement with the other Member State a reasonable period of time for the duration of the consultation period.

(6) Where a Member State has been consulted in accordance with paragraph (4), on the determination of the application concerned the Secretary of State shall inform the Member State of the decision and shall forward to it a statement of–

(a) the content of the decision and any conditions attached thereto;

(b) the main reasons and considerations on which the decision is based; and

(c) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development.