Harbours Act 1964

[F1 1 E+W+S In this Part of this Schedule—

• “the Directive" means Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC;

• “EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

• “EEA State" means a State which is a Contracting Party to the EEA Agreement;

• “environmental statement" means a statement which includes the information mentioned in paragraph 8(2) and such additional information as the Secretary of State may require under paragraph 8(3);

• “fishery harbour" has the meaning assigned to it in section 21 of the Sea Fish Industry Act 1951;

• “project" means—

  (a)

  the execution of construction works or other installations or schemes, and

  (b)

  other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources;

• “relevant project" means a project which would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

• “selection criteria" means the criteria set out in Annex III to the Directive;

• “sensitive area" means any of the following—

  (a)

  [F2 land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);]

  [F3 land within a site of special scientific interest;]

  (b)

  [F3 land in respect of which a nature conservation order or land management order made under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) has effect;]

  (c)

  land declared to be a national nature reserve under section 35 of that Act;

  (d)

  an area to which paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995 applies;

  (e)

  a National Park within the meaning of the National Parks and Access to the Countryside Act 1949;

  (f)

  the Broads within the meaning of the Norfolk and Suffolk Broads Act 1988;

  (g)

  a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage;

  (h)

  a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979;

  (i)

  an area of outstanding natural beauty designated by order under [F4 section 87 of the National Parks and Access to the Countryside Act 1949 ][F4 section 82 of the Countryside and Rights of Way Act 2000] (designation of areas of outstanding natural beauty);

  (j)

  a European site within the meaning of regulation 10 of the Conservation (Natural Habitats etc) Regulations 1994;

  (k)

  an area designated F5 ... as a national scenic area under section 262C of the Town and Country Planning (Scotland) Act 1972.]

Textual Amendments

F1 Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3

F2 Words in Sch. 3 para. 1 substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 para. 3

F3 Words in Sch. 3 para. 1 substituted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 1(a) (with s. 55(2)); S.S.I. 2004/495, art. 2 (para (b) had previously been repealed for E.W. (30.1.2001 for E., 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. III; S.I. 2001/114, art. 2(1)(d)(ii); S.I. 2001/1410, art. 2(p))

F4 Words in Sch. 3 para. 1 substituted (E.W.) (1.4.2001) by 2000 c. 37, s. 93, Sch. 15 para. 4 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e)

F5 Words in Sch. 3 para. 1 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 1(b) (with s. 55(2)); S.S.I. 2004/495, art. 2