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

Pre-application procedure

F24

1

Where the Secretary of State is notified of a proposed application under paragraph 3(1)(a), the Secretary of State must decide whether it relates to a project which requires an environmental impact assessment.

2

A project requires an environmental impact assessment if—

a

it falls within Annex I to the EIA Directive, or

b

it falls within Annex II to the EIA Directive and, having regard to the selection criteria, is a relevant project.

3

For the purposes of sub-paragraph (1), the Secretary of State must take into account the results of any relevant environmental assessment which are reasonably available to the Secretary of State.

4

In this Part of this Schedule, “screening decision” means a decision under sub-paragraph (1) of this paragraph.