SCHEDULES

C1C2F1SCHEDULE 3 PROCEDURE FOR MAKING HARBOUR REVISION AND EMPOWERMENT ORDERS

Annotations:
Amendments (Textual)
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

C2

Sch. 3: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(b)(ii), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)

PART I ORDERS MADE ON APPLICATION TO THE SECRETARY OF STATE

Notices

F210ZB

1

This paragraph applies if an applicant makes an EIA application and before the Secretary of State makes a decision under paragraph 19(6) in relation to the application—

a

the applicant supplies the Secretary of State with information in accordance with a direction under paragraph 8A(1)(a), or

b

the applicant or any other person supplies the Secretary of State with information which the Secretary of State is satisfied must be considered in order to assess properly the significant effects of the project on the environment.

2

The Secretary of State must—

a

make the information available on an official website as soon as reasonably practicable after the Secretary of State receives it, and

b

keep the information available on the website throughout the period required to ensure the effective participation of the public in the environmental impact assessment.

3

A failure to make the further information available throughout the period specified in sub-paragraph (2)(b) is to be disregarded if—

a

the information was available on the official website for part of that period, and

b

the failure is wholly attributable to circumstances that it would not be reasonable to expect the Secretary of State to prevent or avoid.

4

If the size or form of any further information means that it is not practicable for it to be made available on the official website—

a

the Secretary of State must state on the website how a copy of the information may be obtained, and

b

where the Secretary of State does so—

i

the requirement in sub-paragraph (2)(a) as it applies in relation to the information is taken to be satisfied, and

ii

the requirement in sub-paragraph (2)(b) applies to the statement.