The Scottish Ministers (the “Ministers”) make the following Order in exercise of the powers conferred by section
16(1) and (6) of the Harbours Act 1964
1 and all other powers enabling Ministers to do so.
In accordance with section 16 (1) of that Act Caledonian Maritime Assets Limited (“CMAL”) has made a written application to Ministers for the making by Ministers of this harbour empowerment order.
In accordance with section 16(5) of that Act Ministers are satisfied that the making of this harbour empowerment order is desirable in the interests of facilitating the efficient and economic transport of goods or passengers by sea.
In accordance with paragraph
5 of Schedule 3 to that Act
2, Ministers have informed the applicant in writing that the application does not relate to a project which falls within Annex
I or
II to Council Directive
85/337/EEC3, as relevantly amended by Council
Directive 97/11/EC4 and Council
Directive 2003/35/EC5, on the assessment of the effects of certain public and private projects on the environment.
Notice has been published by
CMAL in accordance with the requirements of paragraph
10 of that Schedule
6.
In accordance with paragraph
15 of that Schedule
7, Ministers have consulted such bodies who were likely to have an interest in the project by reason of their environmental responsibilities as Ministers thought appropriate.
The provisions of paragraph
17 of that Schedule
8 have been satisfied.
In accordance with paragraph
19(1) of that Schedule
9, Ministers have considered—
(a)the result of the consultations under paragraph 15 of that Schedule;
(b)any objections made and not withdrawn;
(c)any representations made under paragraph 10(2)(f) of that Schedule.
In accordance with paragraph
19(2) of that Schedule
10, Ministers have decided to make this Order with modifications which appear to Ministers substantially to affect the character of the Order and they have—
(a)taken such steps as appear to them to be sufficient and reasonably practicable for informing CMAL and other persons likely to be concerned; and
(b)not made this Order until such period for consideration of, and comment upon, the proposed modifications by CMAL and those other persons as they thought reasonable has expired,
both in accordance with paragraph 21 of that Schedule
11.