Harbours Act 1964

[F116(1)This paragraph applies where—E+W+S

(a)an application for a harbour revision order relates to a project which is proposed to be carried out in Great Britain,

(b)the Secretary of State decides under paragraph 6(1)—

(i)that the application relates to a project which falls within Annex I or II to the Directive, and

(ii)in the case of an application relating to a project which falls within Annex II to the Directive, that the project is a relevant project, and

(c)it comes to the attention of the Secretary of State that the project is likely to have significant effects on the environment in another EEA State, or another EEA State requests particulars of the project.

(2)The Secretary of State shall—

(a)publish in the Gazette the particulars mentioned in sub-paragraph (3) in a notice with an indication of where further information is available,

(b)serve on the other EEA State as soon as possible and no later than the date of publication of that notice, the particulars mentioned in sub-paragraph (3) and, if he thinks fit, the information mentioned in sub-paragraph (4), and

(c)give the other EEA State a reasonable time in which to indicate whether it wishes to be consulted in accordance with sub-paragraph (6).

(3)The particulars referred to in sub-paragraph (2)(a) and (b) are—

(a)a description of the project, together with any available information on its possible significant effects on the environment in the other EEA State; and

(b)information about the nature of the decision which may be taken under this Part.

(4)The information to be served on an EEA State which indicates, in accordance with sub-paragraph (2)(c), that it wishes to be consulted in accordance with sub-paragraph (6) is—

(a)a copy of the application,

(b)the environmental statement supplied to the Secretary of State under paragraph 8(1) [F2and any further information falling within paragraph 10A(2)], and

(c)information regarding the procedure under this Part,

but only to the extent that such information has not already been provided to the EEA State in accordance with [F3sub-paragraph (2)(b)].

(5)The Secretary of State shall also—

(a)arrange for the information referred to in sub-paragraphs (3) and (4) to be made available, within a reasonable time, to the authorities likely to have an interest in the project by reason of their environmental responsibilities, and the public concerned, in the territory of the EEA State concerned; and

(b)ensure that those authorities and the public concerned are given a reasonable opportunity, before he decides whether to make the harbour revision order in relation to the project, to send to the Secretary of State their opinion on the information.

(6)The Secretary of State shall—

(a)consult the EEA State concerned about the project generally and, in particular, about the potential significant effects of the project on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and

(b)endeavour to agree with the EEA State a reasonable period of time for the duration of the consultation period.

(7)Where an EEA State has been consulted in accordance with sub-paragraph (6), on the determination of the application the Secretary of State shall inform the EEA State of the decision and send it a statement giving—

(a)the content of the decision whether or not to make the order and any conditions attached to the decision;

(b)the main reasons and considerations on which the decision is based;

(ba)[F4details of what provision was made for public participation in the making of the decision;]

[F5details of what provision was made for public participation in the making of the decision;]

(c)a description, where necessary, of the main measures to prevent, reduce or offset the major adverse effects; and

(d)confirmation that any opinion sent to the Secretary of State in accordance with sub-paragraph (5)(b) has been taken into consideration in reaching the decision.]

Textual Amendments

F2Words in Sch. 3 para. 16(4)(b) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(f)(i), 30(3) (with s. 30(5))

F3Words in Sch. 3 para. 16(4) substituted (2.10.2000) by S.I. 2000/2391, reg. 2(d)

F4Sch. 3 para. 16(7)(ba) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(f)(ii), 30(3) (with s. 30(5))