Foreshore Act 1933

F133[Consultation with other Member States of European Communities.

19C

F134[19C. (1) Where the F135[appropriate Minister] considers that proposed development, which is the subject of an F136[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 F137[appropriate Minister] shall, if he has not already done so, send to that Member State

(a) a copy of the F136[environmental impact assessment report], and

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

(3) The F138[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 F139[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:

F133

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).

F134

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).

F135

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).

F136

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

F137

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).

F138

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).

F139

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).