OpenLegislation

Article 67B Projects likely to have significant effects on the environment in an EEA StateF1F18C1

Northern Ireland

(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 F3an EEA 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 F5EEA 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 EEA State;

(b)

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

(F6c)

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 EEA 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 F7Article 67(4D) .

(4)

If the EEA State indicates that it wishes to participate in the F8procedure required by this Part, the Department must give to the EEA State—

(a)

a copy of the F9EIA report for the project (if it has not already done so); F10. . .

(F11b)

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.

(F125)

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 F13which 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, F14... -

(a)

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

(b)

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

(F157)

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 F16EIA report relates, inform the EEA State of the decision and give it documents containing the matters referred to in F17Article67A(8)(c) .

Annotations

Textual amendments

F1

SR 1999/89

F2

Words in art. 67B(1) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 5(2)

F3

Words in art. 67B(1)(a) substituted (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in art. 67B substituted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(4)(a) (with reg. 3)

F5

Words in art. 67B substituted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(4)(a) (with reg. 3)

F6

Art. 67B(2)(c) substituted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(4)(b) (with reg. 3)

F7

Words in art. 67B(3) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 5(3)

F8

Words in art. 67B(4) substituted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(4)(c)(i) (with reg. 3)

F9

Words in art. 67B(4)(a) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 5(4)

F10

Word in art. 67B(4) omitted (10.9.2007) by virtue of Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(4)(c)(ii) (with reg. 3)

F11

Art. 67B(4)(b)(c) substituted (10.9.2007) for art. 67B(4)(b) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(4)(c)(iii) (with reg. 3)

F12

Art. 67B(5) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 5(5)

F13

Words in art. 67B(5) substituted (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

F14

Words in art. 67B(6) omitted (31.12.2020) by virtue of The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(4)(d); 2020 c. 1, Sch. 5 para. 1(1)

F15

Art. 67B(7) substituted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(4)(d) (with reg. 3)

F16

Words in art. 67B(7) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 5(6)(a)

F17

Words in art. 67B(7) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 5(6)(b)

F18

Art. 67B heading substituted (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1

Art. 67B modified (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 3(4); 2020 c. 1, Sch. 5 para. 1(1)

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481

Notes on Part V

Modifications

C1

Pt. V: power to disapply conferred (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 5 para. 1(1)

C2

Pt. 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)