The Highland Council (Inverie) Harbour Empowerment Order 2004

PART IPRELIMINARY

1Citation and commencement

2Interpretation

3Incorporation of the Highland Regional Council (Harbours) Order

4Incorporation of the Lands and Railways Clauses Acts

5Power to carry out works

6Power to deviate

7Subsidiary works

8Obstructing works

9Works to be deemed part of harbour undertaking

10Period for completion of works

11Power to take lands

12Power to acquire servitudes compulsorily in certain cases

13Persons under disability may grant servitudes, etc.

14Extinguishment of rights of way over lands acquired

15Power to enter upon lands and buildings for searching and boring

16Power of entry on lands compulsorily acquired

17Disregard of recent improvements and interests

18Compensation in respect of depreciation in value of interest in land subject to standard security

19Set off of betterment against compensation

20Agreements with owners of property

21Power to reinstate owners of property

22Period for compulsory purchase of lands

23Power as to acquisition and use of additional lands

24Power to retain, sell etc., lands

25Correction of errors in deposited plans and book of reference

26Application of the Act of 1997

PART IVMISCELLANEOUS AND GENERAL

27Service of notices

28No double recovery

SCHEDULEPURCHASE OF CERTAIN LANDS

Description of land to be compulsorily acquired

2004 No. 171

HARBOURS, DOCKS, PIERS AND FERRIES

The Highland Council (Inverie) Harbour Empowerment Order 2004

Made1st April 2004

Coming into force2nd April 2004

Whereas the Highland Council has applied in writing for a harbour empowerment order under section 16 of the Harbours Act 19641;

And whereas the Scottish Ministers2 in pursuance of paragraph 5(b) of Schedule 3 to the said Act3,determined that the application for this Harbour Empowerment Order is made in relation to a project which falls within Annex II to Council Directive 85/337/EEC4 on the assessment of the effects of certain public and private projects on the environment and whose characteristics require that it should be made subject to an environmental assessment;

And whereas the Scottish Ministers have directed the applicant to supply them with the information referred to in Annex III to the Directive in accordance with that paragraph;

And whereas the Scottish Ministers have considered the information supplied under that paragraph;

Now, therefore, the Scottish Ministers, in exercise of the powers conferred by section 16 of the said Act (being the appropriate Ministers under section 16(1) of that Act for the purposes of making this order) and of all other powers enabling them in that behalf and being satisfied that the making of this order is desirable in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner, hereby make the following Order: