2019 No. 296
The Caledonian Maritime Assets (East Loch Tarbert) Harbour Revision Order 2019
Made
Coming into force
The Scottish Ministers (the “Ministers”) make the following Order in exercise of the powers conferred by section 14(1) and (3) of the Harbours Act 19641 and all other powers enabling them to do so.
In accordance with section 14(1) of that Act, this Order is made in relation to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, for achieving objects specified in Schedule 2 to that Act2.
In accordance with section 14(2) of that Act—
this Order is made following a written application to Ministers by Caledonian Maritime Assets Limited (“the applicant”) being the authority engaged in improving, maintaining or managing the harbour, and
the Ministers are 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 and facilitating the efficient and economic transport of goods and passengers by sea.
In accordance with paragraph 4 of Schedule 3 to that Act3, Ministers have decided that the application relates to a project which falls within Annex II to Directive 2011/92/EU4, of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment and, taking into account the criteria set out in Annex III to that Directive, that the project is a relevant project.
In accordance with paragraph 6 of that Schedule5, Ministers have—
informed the applicant of that decision, and the reasons for it, and
given an opinion to the applicant about the extent of the information referred to in Annex IV to that Directive which the applicant would be required to supply in the environmental statement and—
in giving that opinion Ministers have taken into account the matters in sub‑paragraph (3) of that paragraph, and
before giving that opinion Ministers have consulted the applicant and such bodies with environmental responsibilities as Ministers thought appropriate.
In accordance with paragraph 8 of that Schedule6, Ministers have directed the applicant to supply them with an environmental statement and as required by paragraph 9 of that Schedule7 the applicant has complied with that direction.
Notices have been published by the applicant in accordance with the requirements of paragraph 10 of that Schedule8.
In accordance with paragraph 15 of that Schedule9, Ministers have—
consulted, and
sent the environmental statement, and any further information falling within paragraph 10A(2) of that Schedule, to,
such bodies who were likely to have an interest in the project by reason of their environmental responsibilities as Ministers thought appropriate.
All objections to the application have been withdrawn or paragraph 18(1A) of that Schedule10 applied in respect of those objections.
In accordance with paragraph 19(1) of that Schedule11, Ministers have considered—
the environmental statement and the further information falling within paragraph 10A(2) of that Schedule,
the result of the consultations under paragraph 15 of that Schedule,
any objections made and not withdrawn,
any representations made under paragraph 10(2)(f), or 10A(4)(d) of that Schedule, and
any written representations submitted to Ministers by the applicant or any objector in elaboration of the application or, as the case may be, objection.
In accordance with paragraph 19(2) of that Schedule12, Ministers have decided to make this Order with modifications which do not appear to Ministers substantially to affect the character of the Order.