Harbours Act 1964

[F1 IntroductoryE+W+S

Textual Amendments

1In this Part of this Schedule—

  • “the Directive" means Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC;

  • “EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

  • “EEA State" means a State which is a Contracting Party to the EEA Agreement;

  • “environmental statement" means a statement which includes the information mentioned in paragraph 8(2) and such additional information as the Secretary of State may require under paragraph 8(3);

  • “fishery harbour" has the meaning assigned to it in section 21 of the Sea Fish Industry Act 1951;

  • “project" means—

    (a)

    the execution of construction works or other installations or schemes, and

    (b)

    other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources;

  • “relevant project" means a project which would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

  • “selection criteria" means the criteria set out in Annex III to the Directive;

  • “sensitive area" means any of the following—

    (a)

    land notified under section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest);

    (b)

    land to which section 29(3) of that Act (nature conservation orders) applies;

    (c)

    land declared to be a national nature reserve under section 35 of that Act;

    (d)

    an area to which paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995 applies;

    (e)

    a National Park within the meaning of the National Parks and Access to the Countryside Act 1949;

    (f)

    the Broads within the meaning of the Norfolk and Suffolk Broads Act 1988;

    (g)

    a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage;

    (h)

    a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979;

    (i)

    an area of outstanding natural beauty designated by order under section 87 of the National Parks and Access to the Countryside Act 1949 (designation of areas of outstanding natural beauty);

    (j)

    a European site within the meaning of regulation 10 of the Conservation (Natural Habitats etc) Regulations 1994;

    (k)

    an area designated as a natural heritage area under section 6(2) of the Natural Heritage (Scotland) Act 1991 or as a national scenic area under section 262C of the Town and Country Planning (Scotland) Act 1972.

2E+W+SA project shall be treated for the purposes of this Part as not falling within Annex II to the Directive unless—

(a)the area of the works comprised in the project exceeds 1 hectare,

(b)any part of the works is to be carried out in a sensitive area, or

(c)the Secretary of State determines that the project shall be treated for the purposes of this Part as falling within that Annex.]