Harbours Act 1964 (c. 40)

SCHEDULES

[F1 SCHEDULE 3 E+W+S PROCEDURE FOR MAKING HARBOUR REVISION AND EMPOWERMENT ORDERS

Textual Amendments

F1 Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3

Modifications etc. (not altering text)

C1 Sch. 3 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(j) (with s. 106); S.I. 2001/869, art.2

PART I E+W+S ORDERS MADE ON APPLICATION TO THE SECRETARY OF STATE

Introductory] E+W+S

1 In this Part of this Schedule—

• “the Directive" means Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC;

• “EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

• “EEA State" means a State which is a Contracting Party to the EEA Agreement;

• “environmental statement" means a statement which includes the information mentioned in paragraph 8(2) and such additional information as the Secretary of State may require under paragraph 8(3);

• “fishery harbour" has the meaning assigned to it in section 21 of the Sea Fish Industry Act 1951;

• “project" means—

  (a)

  the execution of construction works or other installations or schemes, and

  (b)

  other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources;

• “relevant project" means a project which would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

• “selection criteria" means the criteria set out in Annex III to the Directive;

• “sensitive area" means any of the following—

  (a)

  land notified under section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest);

  (b)

  land to which section 29(3) of that Act (nature conservation orders) applies;

  (c)

  land declared to be a national nature reserve under section 35 of that Act;

  (d)

  an area to which paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995 applies;

  (e)

  a National Park within the meaning of the National Parks and Access to the Countryside Act 1949;

  (f)

  the Broads within the meaning of the Norfolk and Suffolk Broads Act 1988;

  (g)

  a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage;

  (h)

  a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979;

  (i)

  an area of outstanding natural beauty designated by order under section 87 of the National Parks and Access to the Countryside Act 1949 (designation of areas of outstanding natural beauty);

  (j)

  a European site within the meaning of regulation 10 of the Conservation (Natural Habitats etc) Regulations 1994;

  (k)

  an area designated as a natural heritage area under section 6(2) of the Natural Heritage (Scotland) Act 1991 or as a national scenic area under section 262C of the Town and Country Planning (Scotland) Act 1972.