The Caledonian MacBrayne (Oban Quay) Harbour Revision Order 2005

Scottish Statutory Instruments

2005 No. 359

HARBOURS, DOCKS, PIERS AND FERRIES

The Caledonian MacBrayne (Oban Quay) Harbour Revision Order 2005

Made

16th June 2005

Coming into force

17th June 2005

Whereas Caledonian MacBrayne Limited has applied in writing for a harbour revision order under section 14 of the Harbours Acts 1964(1);

And whereas the Scottish Ministers(2) have, in pursuance of paragraph 5(b) of Schedule 3 to the said Act(3), determined that the application for this Harbour Revision Order is made in relation to a project which falls within Annex II to Council Directive 85/337/EEC(4) on the assessment of the effects of certain public and private projects on the environment but whose characteristics do not require that it should be made subject to an environmental assessment;

And whereas there were objections made to the application which were not withdrawn, and an inquiry was held in accordance with paragraph 18 of Schedule 3 to the Harbours Act 1964;

And whereas the Scottish Ministers have considered the objections made and not withdrawn and the report of the person holding the inquiry, and are satisfied as mentioned in subsection 14(2)(b) of the Act;

Now therefore, the Scottish Ministers, in exercise of the powers conferred by section 14 of the said Act and of all other powers enabling them in that behalf, hereby make the following Order:

(1)

1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14 and by the Transport and Works Act 1992 (c. 42), section 63 and Schedule 3, paragraph 1.

(2)

The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 3 of the Scotland Act 1998 (c. 46).

(3)

Schedule 3 was substituted by regulation 15(4) of the Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445).

(4)

O.J. No. L 175, 5.7.85, p.40; Council Directive 85/337/EEC was amended by Council Directive 97/11/EC (O.J. No. L 73, 14.3.1997, p.5).