Textual Amendments
F1Sch. 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)
C1Sch. 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
C2Sch. 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.)
C3Sch. 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)
[F219(1)The Secretary of State must—E+W+S
(a)in the case of an EIA application, consider the matters specified in sub-paragraph (2) and, if relevant, sub-paragraph (5);
(b)in the case of any other application, consider the matters specified in sub-paragraph (4) and, if relevant, sub-paragraph (5).
(2)The matters to be considered in respect of an EIA application are—
(a)the reasoned conclusion (including whether it is up to date);
(b)to the extent that they were not required to be taken into account in reaching the reasoned conclusion—
(i)any objections made and not withdrawn;
(ii)the report of any person who held an inquiry or of any person appointed for the purpose of hearing an objector;
(c)if the Secretary of State is minded to make the order applied for, whether monitoring of the significant adverse effects of the project on the environment is appropriate, and if so—
(i)whether it is necessary to modify the order to include a monitoring measure, and
(ii)whether or not to include provision in the order for potential remedial action.
(3)For the purpose of determining whether it is appropriate to impose a monitoring measure, the Secretary of State must have regard to any existing monitoring arrangements which are carried out in accordance with an obligation under the law of any part of the United Kingdom (other than a provision implementing the EIA Directive).
(4)The matters to be considered in respect of an application mentioned in sub-paragraph (1)(b) are—
(a)any objections made and not withdrawn, and
(b)the report of any person who held an inquiry or of any person appointed for the purpose of hearing an objector.
(5)If an application for a harbour revision order relates to a project to be carried out in Scotland, the Scottish Ministers must also consider any written representations—
(a)submitted to them by the applicant in elaboration of the application, or
(b)submitted to them by an objector in elaboration of any objection.
(6)Following the consideration required by sub-paragraph (1), the Secretary of State must decide—
(a)not to make the order applied for,
(b)to make the order in the form of the draft submitted to him, or
(c)to make the order with modifications.
(7)Sub-paragraph (6) is subject to paragraph 19A.
(8)In this paragraph and paragraph 19A “monitoring measure” means a requirement to monitor any significant adverse effects of a project on the environment.]]
Textual Amendments
F2Sch. 3 paras. 19-19B substituted for Sch. 3 para. 19 (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(18) (with Sch. 6 paras. 2(2), 3(3))