Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006

Information for [F1 an] EEA State N.I.

15.—(1) Where it appears to the Department that a project in relation to which it has received an application for consent would be likely to have significant effects on the environment of [F2 an] EEA State or where [F2 an] EEA State likely to be significantly affected so requests, the Department shall provide a copy of the environmental statement relating to the project to that EEA State.

(2) Where the Department provides a copy of an environmental statement in accordance with paragraph (1) it shall —

(a) send to the EEA State as soon as possible and no later than the date of its publication in the Belfast Gazette of the notice referred to in regulation 12(1), a copy of that notice.

(b) make available to the EEA State any additional information which is relevant to the notice in the Belfast Gazette sent to it under sub-paragraph (a) but which only became available after the date of its publication;

(c) give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedures for which these Regulations provide; and

(d) inform the applicant for the consent to which the statement relates.

(3) Where an EEA State indicates, in accordance with paragraph (2)(c) that it wishes to participate in the procedure for which these Regulations provide, the Department shall as soon as possible send to that EEA State the following information —

(a) a copy of the application for consent;

(b) a copy of the environmental statement in respect of the application;

(c) all the information required to be given to any person under regulation 12 or 13; and

(d) relevant information regarding the procedure under these Regulations

but only to the extent that such information has not been provided to the EEA State earlier in accordance with paragraph (2).

(4) The Department shall also —

(a) arrange for the 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 EEA State likely to be significantly affected by the proposed project in question; and

(b) ensure that those authorities and the public concerned are given an opportunity, before the determination of the application for consent, to forward to the Department, within a reasonable time, their opinion on the information supplied.

(5) The Department shall in accordance with Article 7(4) of the Directive—

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

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

(6) Where an EEA State has been consulted in accordance with paragraph (5), on the determination of the application for a consent the Department shall inform the EEA 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 project.

(7) Where the Department receives from [F3 an] EEA State information which has been made available in accordance with Article 7(1) and (2) of the Directive (which relates to projects in one EEA State which are likely to have significant effects on the environment in [F3 an] EEA State), the Department shall—

(a) arrange for that information to be made available within a reasonable time, to such of the consultation bodies and such members of the public as, 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 the information in accordance with paragraph (a) are given an opportunity during the period agreed between the Department and the relevant EEA State in accordance with paragraph (8)(b) to forward to the competent authority in the relevant EEA State within reasonable time, their opinion of the information provided.

(8) The Department shall also, in accordance with Article 7(4) of the Directive—

(a) enter into consultations with an EEA State from which information has been received as mentioned in paragraph (7) regarding, amongst other things, the potential significant effects of the proposed project on the environment in Northern Ireland 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 (7)(b) may forward their opinion to the competent authority of that EEA State in accordance with that paragraph.

Textual Amendments

F1 Word in reg. 15 heading substituted (31.12.2020) by The Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/279), regs. 1(1), 3(4); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in reg. 15(1) substituted (31.12.2020) by The Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/279), regs. 1(1), 3(4); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in reg. 15(7) substituted (31.12.2020) by The Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/279), regs. 1(1), 3(4); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 15 in operation at 4.1.2007, see reg. 1