39.—F45[(1) The applicant shall ensure that an environmental impact assessment report—

(a) is prepared by competent experts,

(b) subject to subsection (3), contains—

(i) a description of the proposed railway works comprising information on the site, design, size and other relevant features of the proposed works,

(ii) a description of the likely significant effects of the proposed railway works on the environment,

(iii) the data required to identify and assess the main effects which the proposed railway works are likely to have on the environment,

(iv) a description of any features of the proposed railway works, and of any measures envisaged, to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment,

(v) a description of the reasonable alternatives studied by the applicant which are relevant to the proposed railway works and their specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the railway works on the environment, and

(vi) a summary in non-technical language of the above information,

and

(c) takes into account the available results of other relevant assessments under European Union or national legislation with a view to avoiding duplication of assessments.]

F45[(2) The applicant shall further ensure that an environmental impact assessment report, in addition to and by way of explanation or amplification of the specified information referred to in subsection (1), contains any additional information specified in Annex IV to the EIA Directive relevant to the specific characteristics of the particular railway works, or type of railway works, proposed and to the environmental features likely to be affected.]

(3) F45[(a) If a person, before applying to the Board for a railway order, so requests, the Board shall, after consulting the person and any designated body and taking into account the information provided by the person, in particular on the specific characteristics of the proposed railway works, including its location and technical capacity, and its likely impact on the environment, issue an opinion on the scope, and level of detail, of the information to be included by the person in the environmental impact assessment report in accordance with subsections (1) and (2).]

F46[(aa) Where the Board issues an opinion under paragraph (a) the applicant shall—

(i) prepare the environmental impact assessment report referred to in subsection (1) based on that opinion, and

(ii) include in the report the information that may reasonably be required for reaching a reasoned conclusion in accordance with section 42B on the significant effects of the proposed railway works on the environment, taking into account current knowledge and methods of assessment.]

(b) The giving of a written opinion in accordance with this subsection shall not prejudice the exercise by the Board of its powers pursuant to this Act to require an applicant F45[to furnish it with specified additional information in relation to the likely effects] on the environment of the proposed railway works.

F46[(3A) The Board shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report.]

(4) The European Communities (Environmental Impact Assessment) Regulations 1989 to 2005 and the Act of 2000 and any regulation made thereunder in relation to environmental impact assessment shall not apply to anything done under an order made under this Act.]