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

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.)

C3 Sch. 3: power to amend or repeal conferred for specified purposes (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pts. 1, 2 (with s. 247)

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

Notices E+W+S

[F2 10ZB. (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— E+W+S

(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.]]

Textual Amendments

F2 Sch. 3 paras. 10ZA, 10ZB inserted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 1 para. 8(13) (with Sch. 6 paras. 2(2), 3(3))