21.
The fair and equitable sharing of the benefits arising out of the utilization of genetic resources
The convention recognised for the first time in international law that the conservation of biological diversity is "a common concern of humankind" and is an integral part of the development process. The agreement covers all ecosystems, species, and genetic resources.
3.2.3.8 Transboundary Considerations 22.
The Convention on Environmental Impact Assessment in a Transboundary context is a United Nations Economic Commission for Europe (UNECE) convention (the ‘Espoo Convention’). This Convention sets out the obligations of States to notify and consult each other on all major projects under consideration that are likely to have a significant adverse environmental effect across international boundaries (transboundary effects). The Espoo Convention has been implemented by the Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (known as the EIA Directive; see section 3.3.3.3) as amended by Directives 97/11/EC and 2003/35/EC. This is transposed into UK law by regulation 24 of the Infrastructure Planning (Environmental Impacts Assessment) Regulations 2009 which requires that, where the application is for EIA development, and where the Planning Inspectorate is of a view that it will have significant effects on the environment of another member state or receives a request for involvement from another European Economic Area (EEA) member state, it must undertake a prescribed process of consultation and notification.
23.
The Planning Inspectorate has published Advice Note 12: Development with significant transboundary impacts consultation (Planning Inspectorate, 2012b). This note outlines the procedures for consultation in association with an application for a DCO to the Planning Inspectorate, where such development may have significant transboundary impacts. The advice note sets out the roles of the Planning Inspectorate, UK Government departments and developers. Developers are advised to inter alia identify the possible significant transboundary effects or why they consider that there would not be any significant effects on another EEA State.
Preliminary Environmental Information May 2014
East Anglia THREE Offshore Windfarm
Chapter 3 Policy and Legislative Context Page 5
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