The Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations 1996

Amendment of Harbours Act 1964

2.—(1) Part I of Schedule 3 to the Harbours Act 1964(1) shall be amended as follows.

(2) The following paragraphs shall be inserted before paragraph 1:

“A1.   In this Part of this Schedule “the Directive” means Council Directive No. 85/337/EEC on the assessment of the effects of certain public and private projects on the environment; and“project” has the meaning given by article 1 of the Directive.

A2.— (1) A person may not make an application for a harbour revision order which, directly or indirectly, authorises any project unless—

(a) he has given the Secretary of State prior notice of his intention to make the application, and

(b) the Secretary of State has responded under sub-paragraph (3) or, as the case may be, (4) below.

(2) Sub-paragraph (3) below applies where it appears to the Secretary of State that a proposed application of which he is notified under sub-paragraph (1)(a) above relates to—

(a) a project which falls within Annex I to the Directive, or

(b) a project which falls within Annex II to the Directive the characteristics of which require that it should be made subject to an environmental assessment.

(3) The Secretary of State shall direct the proposed applicant to supply him in such form as he may specify with the information referred to in Annex III to the Directive to the extent—

(a) that it is relevant to any stage of the procedure set out in this Part and to the specific characteristics of the project to which the proposed application relates and of the environmental features likely to be affected by it; and

(b) that (having regard in particular to current knowledge and methods of assessment) the proposed applicant may reasonably be required to gather that information, and including at least—

(i) a description of the project comprising information on the site, design and size of the project;

(ii) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;

(iii) the data required to identify and assess the main effects which the project is likely to have on the environment; and

(iv) a non-technical summary of the information mentioned in paragraphs (i) to (iii) above.

(4) Where sub-paragraph (3) above does not apply in relation to a proposed application of which the Secretary of State is notified under sub-paragraph (1)(a) above, he shall forthwith notify the proposed applicant accordingly.”.

(3) Paragraph 1A shall be omitted.

(4) In paragraph 3:

(i) For the words from the beginning to “that is to say” there shall be substituted—

“ .   .—

(1) Where an application for a harbour revision has been duly made to the Secretary of State, the following shall be conditions precedent to the taking by him of any steps (otherwise than under this paragraph) in the matter of the application, that is to say—

(a) compliance with any directions given under paragraph A2(3) above in response to the notice of intention to make the application;

(b) compliance with the requirement mentioned in paragraph (a) of sub-paragraph (2) below; and

(c) compliance with such of the requirements mentioned in paragraphs (b) to (d) of that sub-paragraph as are applicable in the circumstances.

(2) The requirements referred to above are as follows—”; and

(ii) for “1A”, in each place, there shall be substituted “A2”.

(5) In paragraph 3A:

(i) for “It shall be the duty of the Secretary of State to” there shall be substituted “The Secretary of State shall”; and

(ii) for “1A above and to” there shall be substituted “A2 above and shall”.

(6) For paragraph 4(5) there shall be substituted—

“(5) After considering—

(a) the objections (if any) made and not withdrawn;

(b) any information supplied under paragraph A2(3)(b) above;

(c) the result of any consultations under paragraph 3A above; and

(d) the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector,

the Secretary of State may decide—

(i) not to make the order applied for; or

(ii) to make it in the form of the draft submitted to him or (subject to the restrictions imposed by sub-paragraph (6) below and by paragraph 6 below) in that form but subject to such modification as he thinks fit.”.

(7) For paragraph 4ZA there shall be substituted:

“4ZA.   Where it appears to the Secretary of State that the application relates to:

(a) a project which falls within Annex I to the Directive, or

(b) a project which falls within Annex II to the Directive the characteristics of which require that it should be subject to an environmental assessment,

the Secretary of State shall publish in such manner as he thinks fit his decision whether or not to make an order and the reasons and considerations upon which his decision was based, including a statement that the matters referred to in paragraph 4(5) above have been taken into consideration.”.

(1)

1964 c. 40 Schedule 3 was amended by the Transport Act 1981 (c. 56); by the Transport and Works Act 1992 (c. 42) and by S.I. 1988/1336 and S.I. 1992/1421.