Wildlife (Amendment) Act 2000

F11[Consultation with other Member States of European Communities.

19D

19D.—(1) Where the Minister considers that proposed works, which are the subject of an environmental impact statement in accordance with a requirement of section 19A, 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 works would be likely to have such effects and so requests, he or she shall, as soon as possible, send to that other Member State:—

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

(b) relevant information about the procedure for making a decision in respect of the proposed works,

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) indicates that it wishes to furnish views on the likely effects on the environment of the proposed works, the Minister shall send to that Member State—

(a)  if he or she has not already done so, a copy of the environmental impact statement, and

(b)  any further relevant information about the procedure for making a decision in respect of the proposed works.

(3) The Minister shall enter into consultations with a Member State of the European Communities, which has, in accordance with subsection (2), indicated that it wishes to furnish views on the likely effects on the environment of the proposed works, regarding the potential effects of the proposed works on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.

(4) The Minister shall notify a Member State of the European Communities with whom consultations took place under subsection (3) of his or her decision in respect of the proposed works.]

Annotations

Amendments:

F11

Inserted (10.12.2001) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 2001 (S.I. No. 538 of 2001), reg. 5, in effect as per reg. 2(1), subject to transitional provision in reg. 2(2).