OpenLegislation

Regulation 14 Information for an EEA StateF10I1

England and Wales

(1)

Where it appears to F1the appropriate forestry body that a project in relation to which they have received an application for consent would be likely to have significant effects on the environment of F2an EEA State or where an EEA State likely to be significantly affected so requests, the appropriate forestry body shall provide a copy of the environmental statement relating to the project to the appropriate Authority.

(2)

Where it appears to the appropriate Authority that a project would be likely to have significant effects on the environment of F3an EEA State or where an EEA State likely to be significantly affected so requests, the appropriate Authority shall—

(a)

send to the EEA State as soon as possible, and no later than the date of its publication as required by sub-paragraph (b) of this paragraph, the information mentioned in paragraph (3) of this regulation and, if the appropriate Authority thinks fit, the information mentioned in paragraph (4) of this regulation;

(b)

publish the information referred to in sub-paragraph (a) above in a notice placed in the London Gazette with an indication of where further information is available;

(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; and

(d)

inform the applicant for consent.

(3)

The information referred to in paragraph (2)(a) of this regulation is—

(a)

a description of the project, together with any available information on its possible significant effects on the environment in F4an 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 appropriate Authority shall as soon as possible send to that EEA State the following information—

(a)

a copy of the application for consent;

(b)

a copy of the environmental statement; 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) of this regulation.

(5)

The appropriate Authority, insofar as concerned, shall also—

(a)

arrange for the information referred to in paragraphs (3) and (4) of this regulation F5and any further information provided by the applicant in relation to the application for consent to be made available, within a reasonable time, to the authorities F6which the EEA State designated to be consulted about the project and the public concerned in the territory of the EEA State likely to be significantly affected; and

(b)

ensure that those authorities and the public concerned are given an opportunity, before the determination of the application for consent, to forward to the appropriate Authority, within a reasonable time, their opinion on the information supplied F7under sub-paragraph (a).

(6)

The appropriate Authority shall F8...—

(a)

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

(b)

determine in agreement with the F9... 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 appropriate Authority shall inform the EEA State of the decision and shall forward to it a statement of—

(a)

the content of the decision and any conditions attached thereto;

(b)

the main reasons and considerations on which the decision is based; and

(c)

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

Annotations

Textual amendments

F1

Words in regs. 9-15 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 103 (with Sch. 7)

F2

Word in reg. 14(1) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 3(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3

Word in reg. 14(2) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 3(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

F4

Word in reg. 14(3)(a) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 3(5)(d); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in reg. 14(5)(a) inserted (31.12.2006) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/3106), regs. 1, 2(6)(a)

F6

Words in reg. 14(5)(a) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 3(5)(e); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in reg. 14(5)(b) inserted (31.12.2006) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/3106), regs. 1, 2(6)(b)

F8

Words in reg. 14(6) omitted (31.12.2020) by virtue of The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 3(5)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9

Word in reg. 14(6)(b) omitted (31.12.2020) by virtue of The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 3(5)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10

Word in reg. 14 heading substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 3(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Reg. 14 in force at 6.9.1999, see reg. 1(1)