The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

30.—(1) This paragraph shall apply where [F1 the Secretary of State has determined under paragraph 3 that an environmental impact assessment is necessary and]— E+W+S

(a) it appears to the Secretary of State that the proposed order relates to works which would be likely to have significant effects on the environment of [F2 a] Member State; or

(b) [F3 a] Member State whose environment is likely to be significantly affected by the works to which the proposed order relates, requests information relating to the proposed order.

(2) Where this paragraph applies, the Secretary of State shall—

(a) send the information mentioned in rule 16(5) to the Member State in question as soon as reasonably practicable and in any event no later than the publication date or, in a case falling within sub-paragraph (1)(b), no later than 7 days after receiving a request from the Member State in question;

(b) give the Member State in question a reasonable time in which to indicate whether it wishes to participate in the procedure for consideration of the proposed order;

(c) take such steps as he considers necessary to ensure that the public is informed that the project is likely to have significant effects on the environment of [F4 a] Member State and that the provisions of this paragraph apply;

(d) where a Member State has indicated that it wishes to participate in the procedure for considering the proposed order, send to the State in question (in so far as these documents and information have not already been supplied to that State) a copy of the proposed order and of the environmental statement and any other relevant information regarding the procedure for considering the proposed order and for undertaking an environmental impact assessment of the proposed works; and

(e) comply with the requirements of rule 16(7) and (8), on the basis that the documents and information to be made available under rule 16(7)(a) shall be the documents and information referred to in rule 16(5) and sub-paragraph (2)(d) of this paragraph.

Textual Amendments

F1 Words in Sch. 7 para. 30 inserted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 14(g) (with Sch. 6 para. 9)

F2 Word in Sch. 7 para. 30(1)(a) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 5(8)(c); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in Sch. 7 para. 30(1)(b) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 5(8)(c); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in Sch. 7 para. 30(2)(c) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 5(8)(c); 2020 c. 1, Sch. 5 para. 1(1)