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The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

Changes over time for: Section 59

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Version Superseded: 31/12/2020

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Projects in another EEA State likely to have significant transboundary effectsE+W

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59.—(1) Where the Secretary of State receives from another EEA State, pursuant to Article 7(1) or 7(2) of the Directive, 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 must, in accordance with Article 7(4) of the Directive—

(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 in that EEA State representations pursuant to Article 7(3)(b) of the Directive.

(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 in order to comply with Article 9(2) of the Directive.

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