The Harbour Works (Assessment of Environmental Effects) (No.2) Regulations 1989

Harbour works carried out without a decision

9.—(1) If a developer carries out harbour works to which it appears to the appropriate Minister that these Regulations apply and which have not been the subject of a decision under regulation 4(5), regulation 8 or this regulation, the appropriate Minister shall serve notice in writing on the developer requiring him, if appropriate, to cease the works forthwith and to supply the appropriate Minister with such of the information referred to in regulation 4(4) or, if applicable, in regulation 5(1) as he may specify within such period as he may specify.

(2) On receipt of the information required from the developer, the appropriate Minister shall consider the harbour works in accordance with these Regulations whether or not an application or notice has been received pursuant to regulation 4(1).

(3) If the developer no longer owns, occupies or enjoys any use of the harbour works when the appropriate Minister decides to serve a notice under paragraph (1) the notice may be served on any other person who for the time being owns, occupies or enjoys any use of the harbour works.

(4) If a developer fails to supply the appropriate Minister with such of the information referred to in regulation 4(4) as is specified in a notice served under paragraph (1) within the period specified therein, the appropriate Minister shall make such investigations as he considers necessary to enable him to decide whether the harbour works constitute a project the characteristics of which require that they should be made subject to an environmental assessment and shall notify his decision to the developer under regulation 4(5) or regulation 5(1).

(5) If a developer fails to supply the appropriate Minister with such of the information referred to in regulation 5(1) as is specified in a notice served under paragraph (1) within the period specified therein, the appropriate Minister shall make such investigations, invite such representations and hold such consultations with bodies referred to in regulation 7 as he considers necessary to enable him to reach a decision on the merits of the harbour works.

(6) In reaching a decision under paragraph (5) the appropriate Minister shall have regard to the considerations specified in regulation 8(2).

(7) The provisions of regulation 8(3), (4), (5) and (6) shall apply in relation to a decision reached under paragraph (5) to the extent that they are appropriate.