Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

Projects likely to have significant effects on the environment in [F1 an EEA State] U.K.

12.—(1) Where—

(a) it comes to the attention of the Secretary of State that a project proposed to be carried out in Great Britain is the subject of an application under regulation 4 and is likely to have significant effects on the environment in [F2 an EEA State]; or

(b) [F2 an EEA State] likely to be significantly affected by such project so requests,

the Secretary of State shall—

(i) send to the EEA State as soon as possible and no later than their date of publication in the London Gazette, or the Edinburgh Gazette as the case may be, 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 in sub-paragraph (i) above in a notice placed in the London Gazette or, where the project is in Scotland, the Edinburgh Gazette, with an indication of where further information is available; and

(iii) give the EEA State a reasonable time in which to indicate whether it wishes to be further consulted in accordance with the provisions of this regulation.

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

(a) a description of the project, together with any available information on its possible significant effect on the environment in [F2 an EEA State]; and

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

(3) Where an EEA 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 EEA State the following information—

(a) a copy of the application for consent to carry out the project concerned;

(b) a copy of the environmental statement in respect of the project to which that application relates including any further information relating to the project provided pursuant to regulation [F3 10(3)(a)]; and

(c) 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 (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 EEA State likely to be significantly affected; and

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

(5) The Secretary of State shallF4 ...—

(a) enter into consultation 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 [F5 that] 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 [F6 paragraph (5)], on the determination of the application concerned the Secretary of State shall—

(a) send to the [F7 ONR] within 21 days of receipt any responses made by [F2 an EEA State] pursuant to consultation under this regulation;

(b) inform the EEA State of the decision; and

(c) forward to it a statement of—

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

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

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

Textual Amendments

F1 Words in reg. 12 heading substituted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(4); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 12 substituted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(4); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in reg. 12(3)(b) substituted (6.8.2018) by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018 (S.I. 2018/834), regs. 1(2), 13 (with reg. 22)

F4 Words in reg. 12(5) omitted (31.12.2020) by virtue of The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in reg. 12(5)(b) substituted (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 2(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 12(6) substituted (6.4.2006) by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2006 (S.I. 2006/657), regs. 1, 2(8)

F7 Word in Regulations substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), Sch. 3 para. 95 (with Sch. 4)

Commencement Information

I1 Reg. 12 in force at 19.11.1999, see reg. 1