F10PART VAENVIRONMENTAL IMPACT ASSESSMENTS

Annotations:
Amendments (Textual)
F10

Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2

105C Other F1EEA States.

1

This section applies if–

a

it appears to the Secretary of State F18 or a strategic highways company that a project to which section 105A(3) applies is likely to have a significant effect on the environment in another F2EEA State ; or

b

F3 an EEA State the environment of which is likely to be significantly affected by such a project asks the Secretary of State F19 or the strategic highways company, whichever is considering the project, for information about it.

2

The Secretary of State F12 or the strategic highways company must give the F2EEA State –

a

a description of the project, together with any information available to him F20 or the company which suggests that it may have a significant effect on the environment in the F2EEA State ;

b

any information which heF21or the company has on the nature of the decision which may be taken on the project;

F4c

such information about the procedure required by this Part of this Act as heF13or the company considers appropriate; and

d

a reasonable period within which to indicate whether it wishes to participate in that procedure.

3

Subsection (2)(a) and (b) must be complied with no later than the date of publication of the determination referred to in Section 105B(1).

4

If the F2EEA State indicates that it wishes to participate F5 in the procedure required by this Part of this Act , the Secretary of State F14 or the strategic highways company must give it–

a

a copy of the environmental statement for the project (if he F15 or the company has not already done so); F6 . . .

F7b

the information required by subsection (3A) of section 105B to be included in the notice under subsection (3) of that section; and

c

any information about the procedure required by this Part of this Act which he F16 or the company considers it appropriate to give and which has not already been given to the EEA State.

5

The Secretary of StateF22or the strategic highways company , so far as heF23or the company is concerned, must also–

a

arrange for the information which heF23 or the company has given to the F2EEA State to be made available, within a reasonable time, to–

i

the authorities referred to in Article 6(1) of the Directive; and

ii

members of the public in the F2EEA State who are likely to be concerned; and

b

ensure that those authorities and the public concerned are given a reasonable opportunity to give himF24or the company their views before heF23 or the company decides whether to proceed with the project to which the environmental impact assessment relates.

6

The Secretary of StateF11or the strategic highways company must, in accordance with Article 7(4) of the Directive–

a

enter into consultations with the F2EEA State concerned regarding, among other matters, the potential significant effects of the project on the environment of that F2EEA State and the measures envisaged to reduce or eliminate those effects; and

b

agree with that F2EEA State a reasonable period for those consultations.

F87

Where an EEA State has been consulted in accordance with subsection (4) the Secretary of State F17 or the strategic highways company must, after deciding whether to proceed with the project to which the environmental statement relates, inform the EEA State of the decision and give it documents containing the matters referred to in section 105B (6).

8

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .