The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999

Regulation 11

SCHEDULE 3 INFORMATION FOR OTHER EEA STATES

1.  Where it appears to a drainage body that improvement works would be likely to have significant effects on the environment of another EEA State or where another EEA State likely to be significantly affected requests, the drainage body shall–

(a) inform the appropriate Authority without delay; and

(b) supply to the appropriate Authority all information or documents in their possession which are reasonably required by the appropriate Authority for the purpose of complying with the requirements of this Schedule.

2.  Where it appears to the appropriate Authority that improvement works would be likely to have significant effects on the environment of another EEA State or where another EEA State likely to be significantly affected requests, the appropriate Authority shall–

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

(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 drainage body.

3.  The particulars referred to in paragraph 2(a) above are–

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

(b) information on the nature of the determination which may be made.

4.  Where an EEA State indicates, in accordance with paragraph 2(c) above, 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 proposal for the improvement works;

(b) a copy of the environmental statement in respect of the improvement works; 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 under paragraph 2(a) above.

5.  The appropriate Authority, insofar as concerned, shall also–

(a) arrange for the particulars and information referred to in paragraphs 3 and 4 to be made available, within a reasonable time, to the authorities referred to in Article 6(1) of the Directive 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 a determination is made as to whether the improvement works should proceed, to forward to the appropriate Authority, within a reasonable time, their opinion on the information supplied.

6.  The appropriate Authority shall 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 improvement works 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, the appropriate Authority shall inform the EEA State of the determination in respect of the improvement works in question and shall forward to it a statement of–

(a) the content of the determination and any conditions attached thereto;

(b) the main reasons and considerations on which the determination 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 improvement works.