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The Town and Country Planning (Environmental Impact Assessment) Regulations 2017
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- UK Statutory Instruments
- 2017 No. 571
- PART 10
- Regulation 59
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Changes and effects yet to be applied to Regulation 59:
- Regulations power to modify conferred by 2023 c. 55 s. 108
Projects in [F1an] EEA State likely to have significant transboundary effectsE+W
This section has no associated Explanatory Memorandum
59.—(1) Where the Secretary of State receives from [F2an] EEA State F3... information which that EEA State has gathered from the developer of a proposed project in that EEA State which is likely to have significant effects on the environment in England, the Secretary of State mustF4...—
(a)enter into consultations with that EEA State regarding the potential significant effects of the proposed project on the environment in England and the measures envisaged to reduce or eliminate such effects; and
(b)determine in agreement with that EEA State a reasonable period, before development consent for the project is granted, during which members of the public in England may submit to the competent authority [F5(which the EEA State designated as responsible for performing the duties arising from the Directive)] representations F6....
(2) The Secretary of State must also—
(a)arrange for the information referred to in paragraph (1) to be made available, within a reasonable time and for a time period of no fewer than 30 days, both to the authorities in England which are likely to be concerned by the project by reason of their specific environmental responsibilities, and to the public concerned in England;
(b)ensure that those authorities and the public concerned in England are given an opportunity, before development consent for the project is granted, to forward to the competent authority in the relevant EEA State, within a reasonable time, their opinion on the information supplied; and
(c)make available to the public concerned any information received from the competent authority of the relevant EEA State F7...
Textual Amendments
F1Word in reg. 59 heading substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 6(9)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in reg. 59(1) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 6(9)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 59(1) omitted (31.12.2020) by virtue of The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 6(9)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 59(1) omitted (31.12.2020) by virtue of The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 6(9)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 59(1)(b) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 6(9)(b)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in reg. 59(1)(b) omitted (31.12.2020) by virtue of The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 6(9)(b)(iv)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in reg. 59(2)(c) omitted (31.12.2020) by virtue of The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 6(9)(c); 2020 c. 1, Sch. 5 para. 1(1)
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