[F1PART VN.I.Environmental Impact Assessment

F1SR 1999/89

Modifications etc. (not altering text)

C2Pt. V power to amend or revoke conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 4 (with s. 247)

[F2Projects likely to have significant effects on the environment in an EEA State]N.I.

67B.—(1) This Article applies if—

(a)it appears to the Department that a project [F3is subject to environmental impact assessment and] is likely to have a significant effect on the environment in [F4an EEA State] ; or

(b)[F5an 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 [F6EEA 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 [F6EEA State];

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

[F7(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 [F6EEA 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 [F8Article 67(4D)] .

(4) If the [F6EEA State] indicates that it wishes to participate in the [F9procedure required by this Part], the Department must give to the [F6EEA State]—

(a)a copy of the [F10EIA report] for the project (if it has not already done so); F11. . .

[F12(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.]

[F13(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 [F14which the EEA State has designated to be consulted about the project and of the public concerned in that State] 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, F15... -

(a)enter into consultations with the [F6EEA State] concerned regarding, among other matters, the potential significant effects of the project on the environment of that [F6EEA State] and the measures envisaged to reduce or eliminate those effects; and

(b)agree with that [F6EEA State] a reasonable period for those consultations.

[F16(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 [F17EIA report] relates, inform the EEA State of the decision and give it documents containing the matters referred to in [F18Article67A(8)(c)] .]]

Modifications etc. (not altering text)