The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

Development with significant transboundary effects

24.—(1) This regulation applies where—

(a) one of the events mentioned in regulation 4(2) occurs; or

(b) it otherwise comes to the attention of the Commission that development proposed to be carried out in England, Wales or Scotland is the subject of an EIA application,

and the Commission is of the view that the development is likely to have significant effects on the environment in another EEA State; or

(c) another EEA State likely to be significantly affected by such development so requests.

(2) Where this regulation applies, the Commission must—

(a) send to the EEA State as soon as possible and no later than their date of publication in The London Gazette referred to in sub-paragraph (b), the particulars required by paragraph (3) and, if it thinks fit, the information referred to in paragraph (4);

(b) publish the information in sub-paragraph (a) in a notice placed in—

(i) the London Gazette, in relation to all proposed development; and

(ii) the Edinburgh Gazette, in relation to development proposed to be carried out in Scotland,

indicating the address where additional information is available; and

(c) give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide.

(3) The particulars mentioned in paragraph (2)(a) are—

(a) a description of the development, together with any available information on its possible significant effect on the environment in another EEA State; and

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

(4) Where an EEA State indicates, in accordance with paragraph (2)(c), that it wishes to participate in the procedure for which these Regulations provide, the Commission must as soon as possible send to that EEA State the following information—

(a) a copy of the application concerned;

(b) a copy of any environmental statement in respect of the development to which that application relates; 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 (2)(a).

(5) The Commission must also ensure that the EEA State concerned is given an opportunity, before development consent for the development is granted, to forward to the Commission, within a reasonable time, the opinions of its public and of the authorities referred to in Article 6(1) of the Directive on the information supplied.

(6) The Commission must in accordance with Article 7(4) of the Directive—

(a) enter into consultations with the EEA State concerned regarding, inter alia, the potential significant effects of the development on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and

(b) determine in agreement with the other EEA State a reasonable period of time for the duration of the consultation period.

(7) Where an EEA State has been consulted in accordance with paragraph (6), on the determination of the application concerned the Commission must inform the EEA State of the decision and must forward to it a statement of—

(a) the content of the decision and any requirements attached to it;

(b) the main reasons and considerations on which the decision is based including relevant information about the participation of the public; and

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