Arterial Drainage Act 1945

5A

F15[Pre-submission consultation on transboundary effects

5A.(1) Where the Commissioners consider that proposed drainage works comprised in an EIA drainage scheme would be likely to have significant effects on the environment in a Member State, or where a Member State considers that the said drainage works would be likely to have the said effects and so requests, they shall, no later than the date of the publication of a notice in respect of the scheme under section 5(1)(b), send to that Member State—

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

(b) information on the nature of the decision which may be taken in relation to the scheme,

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

(2) Where a Member State, which has received information pursuant to subsection (1), indicates that it wishes to send observations on the likely effects on the environment of the proposed drainage works, the Commissioners shall, if they have not already done so, send to that Member State—

(a) a copy of the environmental impact assessment report,

(b) information published in accordance with subsection (6)(b), and

(c) relevant information about the procedure for making a decision on the drainage scheme concerned.

(3) Where the Commissioners provide information to a Member State in accordance with subsection (2), they shall as soon as may be—

(a) place a notice in a newspaper circulating in the area within the Member State concerned identified in the environmental impact assessment report concerned as likely to be affected by the drainage works concerned, indicating that the information has been provided, how it may be accessed by the public in that Member State, how submissions may be made to the Commissioners and the time within which such submissions must be made, which shall not be less than 30 days from the date of the publication of the notice, and

(b) notify the authorities in that Member State likely to be concerned by the project by reason of their specific environmental responsibilities or local and regional competences indicating that the information has been provided, how it may be accessed by the authorities, how submissions may be made to the Commissioners and the time within which such submissions must be made, which shall not be less than 30 days from the date of the notification.

(4) The Commissioners shall enter into consultations with a Member State to which information was sent pursuant to subsection (2) regarding the potential effects of the proposed drainage works on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.]

Annotations

Amendments:

F15

Inserted (21.09.2019) by European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019 (S.I. No. 472 of 2019), reg. 3(e), subject to transitional provisions in reg. 4.