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.)

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

Pre-application procedure E+W+S

[F2 4 (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. E+W+S

(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.]]

Textual Amendments

F2 Sch. 3 paras. 4-4C substituted for Sch. 3 para. 4 (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(6) (with Sch. 6 paras. 2, 3(2)3(3))