Foreshore Act 1933

F149[Consultation with other Member States of European Communities.

19C

F150[19C. (1) Where the F151[appropriate Minister] considers that proposed development, which is the subject of an F152[environmental impact assessment report] in accordance with a requirement of or under section 13A of this Act, would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State of the European Communities considers that the said development would be likely to have the said effects and so requests, he shall, as soon as possible, send to that other Member State

(a) a description of the proposed development and any available information on its possible effects on the environment in that Member State, and

(b) information on the nature of the decision which may be taken,

and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects.

(2) Where a Member State of the European Communities which has received information pursuant to subsection (1) of this section indicates that it wishes to furnish views on the likely effects on the environment of the proposed development, the F153[appropriate Minister] shall, if he has not already done so, send to that Member State

(a) a copy of the F152[environmental impact assessment report], and

(b) relevant information about the procedure for making a decision on the relevant application concerned.

(3) The F154[appropriate Minister] shall enter into consultations with a Member State of the European Communities to which information was sent pursuant to subsection (2) of this section regarding the potential effects of the proposed development on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.

(4) The F155[appropriate Minister] shall notify a Member State of the European Communities to which information was sent pursuant to subsection (2) of this section of his decision on the relevant application concerned.]]

Annotations

Amendments:

F149

Inserted (1.02.1990) by European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989), reg. 13(d), in effect as per reg. 2(1).

F150

Substituted (1.05.1999) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999), reg. 9(f), in effect as per reg. 2(1).

F151

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 84, commenced as per s. 1(4).

F152

Substituted (25.03.2021) by European Union (Foreshore Act 1933) (Environmental Impact Assessment) (Amendment) Regulations 2021 (S.I. No. 145 of 2021), reg. 3.

F153

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 85, commenced as per s. 1(4).

F154

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 86, commenced as per s. 1(4).

F155

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 87, commenced as per s. 1(4).