181C.—(1) A State authority (a "prospective applicant") which proposes to apply for approval under section 181B shall, before making the application, enter into consultations with the Board in relation to the proposed development.

(2) In any consultations under subsection (1), the Board may give advice to the prospective applicant regarding the proposed application and, in particular, regarding—

(a) the procedures involved in making the application, and

(b) what considerations, related to proper planning and sustainable F1021[development, the environment or a European site], may, in the opinion of the Board, have a bearing on its decision in relation to the application.

(3) A prospective applicant may request the Board—

F1022[(a) to make a determination of whether a development of a class specified in regulations made under section 181(1)(a) which it proposes to carry out or have carried out is likely to have significant effects on the environment in accordance with section 176 or, in respect of such a development not directly connected with or necessary to the management of a European site, is likely to have a significant effect either individually or in combination with other plans or projects on a European site in accordance with section 177U (and inform the applicant of the determination), or]

(b) to give to the applicant an opinion in writing prepared by the Board on what information will be required to be contained in an F1021[F1023[environmental impact assessment report or Natura impact statement or both that report and that statement] as the case may be] in relation to the proposed development.

(4) On receipt of such a request, the Board shall comply with it as soon as is practicable.

(5) A prospective applicant shall, for the purposes of—

(a) consultations under subsection (1), and

(b) the Board’s complying with a request under subsection (3),

supply to the Board sufficient information in relation to the proposed development so as to enable the Board to assess the proposed development.

F1024[(5A)(a) Without prejudice to subsection (5) and subject to paragraph (b), where a prospective applicant has made a request under subsection (3)(b) in relation to what information will be required to be contained in an environmental impact assessment report, the Board shall, after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give an opinion in writing on the scope and level of detail of the information to be included in such report, subject to any consultations carried out by the Board in relation to such opinion.

(b) The Board shall give the opinion before the submission by the prospective applicant of the environmental impact assessment report.

(5B) Where an opinion referred to in subsection (5A) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.]

(6) Neither—

(a) the holding of consultations under subsection (1), nor

(b) the provision of an opinion under subsection (3),

shall prejudice the performance by the Board of any other of its functions under this Act or regulations under this Act, or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.

(7) The Board shall keep a record in writing of any consultations under this section in relation to a proposed development, including the names of those who participated in the consultations, and a copy of such record shall be placed and kept with the documents to which any application in respect of the proposed development relates.]