The Roads (Northern Ireland) Order 1993

Changes over time for: Section 67B

Version Superseded: 31/12/2020

Alternative versions:

Status:

Point in time view as at 04/09/2017. This version of this provision has been superseded.

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[F1Other Member StatesN.I.

67B.—(1) This Article applies if—

(a)it appears to the Department that a project [F2is subject to environmental impact assessment and] 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 Department for information about the project.

(2) The Department must give the [F3EEA State]—

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

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

[F5(c)such information about the procedure required by this Part as the Department considers appropriate; and]

(d)a reasonable period within which to indicate whether the [F3EEA State] wishes to participate in that procedure.

(3) Paragraph (2)(a) and (b) must be complied with no later than the date of publication referred to in [F6Article 67(4D)] .

(4) If the [F3EEA State] indicates that it wishes to participate in the [F7procedure required by this Part], the Department must give to the [F3EEA State]—

(a)a copy of the [F8EIA report] for the project (if it has not already done so); F9. . .

[F10(b)the information required by Article 67A(3A) to be included in the notice under Article 67A(3); and

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

[F11(5) The Department must ensure that the EEA State concerned is given an opportunity, before the decision as to whether to proceed with the project is taken, to forward to the Department, within a reasonable time, the opinions of the authorities designated to be consulted in accordance with Article 6(1) of the Directive and of the members of its public who are likely to be concerned.]

(6) The Department 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.

[F12(7) Where an EEA State has been consulted in accordance with paragraph (6) the Department must, after deciding whether to proceed with the project to which the [F13EIA report] relates, inform the EEA State of the decision and give it documents containing the matters referred to in [F14Article67A(8)(c)] .]]