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Relevant works which may affect environment in another Transboundary State
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38. (1) Where the Minister considers that the proposed relevant works that is the subject of an EIAR under this Chapter would be likely to have significant effects on the environment in another Transboundary State, or where another Transboundary State considers that the proposed relevant works would be likely to have such effects and so requests, the Minister shall, as soon as possible, send to that Transboundary State —
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(a) a description of the proposed relevant works and any available information on its possible effects on the environment in that Transboundary State, and
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(b) relevant information about the procedure for deciding whether or not to grant the relevant licence concerned,
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and shall give to that Transboundary State a reasonable time to indicate whether it wishes to provide views on those effects.
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(2) Where a Transboundary State which has received information under subsection (1) indicates that it wishes to provide views on the likely effects on the environment of the proposed relevant works, the Minister shall send to that Transboundary State —
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(a) if he or she has not already done so, a copy of the EIAR submitted to the Minister under this Chapter, and
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(b) any further relevant information about the procedure for deciding whether or not to grant the relevant licence concerned.
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(3) Where a Transboundary State has, under subsection (2), indicated that it wishes to provide views on the likely effects on the environment of the proposed relevant works, the Minister shall consult with that Transboundary State regarding the potential effects of the proposed relevant works on the environment in that Transboundary State and the measures envisaged to reduce or eliminate such effects.
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(4) The Minister shall notify a Transboundary State which was consulted under subsection (3) of his or her decision as to whether or not to grant the relevant licence concerned.
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