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Harbours Act 1964

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Valid from 21/08/1996

F1A2(1)A person may not make an application for a harbour revision order which, directly or indirectly, authorises any project unless—

(a)he has given the Secretary of State prior notice of his intention to make the application, and

(b)the Secretary of State has responded under sub-paragraph (3) or, as the case may be, (4) below.

(2)Sub-paragraph (3) below applies where it appears to the Secretary of State that a proposed application of which he is notified under sub-paragraph (1)(a) above relates to—

(a)a project which falls within Annex I to the Directive, or

(b)a project which falls within Annex II to the Directive the characteristics of which require that it should be made subject to an environmental assessment.

(3)The Secretary of State shall direct the proposed applicant to supply him in such form as he may specify with the information referred to in Annex III to the Directive to the extent—

(a)that it is relevant to any stage of the procedure set out in this Part and to the specific characteristics of the project to which the proposed application relates and of the environmental features likely to be affected by it; and

(b)that (having regard in particular to current knowledge and methods of assessment) the proposed applicant may reasonably be required to gather that information, and including at least—

(i)a description of the project comprising information on the site, design and size of the project;

(ii)a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;

(iii)the data required to identify and assess the main effects which the project is likely to have on the environment; and

(iv)a non-technical summary of the information mentioned in paragraphs (i) to (iii) above.

(4)Where sub-paragraph (3) above does not apply in relation to a proposed application of which the Secretary of State is notified under sub-paragraph (1)(a) above, he shall forthwith notify the proposed applicant accordingly.

Textual Amendments

F1Paras. A1 and A2 inserted (21.8.1996) by S.I. 1996/1946, reg. 2(1)(2)

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