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Changes over time for: Cross Heading: Introductory
Timeline of Changes
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Version Superseded: 10/03/2009
Status:
Point in time view as at 20/06/2008.
Changes to legislation:
Harbours Act 1964, Cross Heading: Introductory is up to date with all changes known to be in force on or before 30 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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[ IntroductoryE+W+S
1E+W+SIn 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 [and Council Directive 2003/35/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 within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);]
[land within a site of special scientific interest;]
(b)
[land in respect of which a nature conservation order or land management order made under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) has effect;]
(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 ][section 82 of the Countryside and Rights of Way Act 2000] (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 ... [an area defined as a national scenic area in Part II of “Scotland’s Scenic Heritage” published by the Countryside Commission for Scotland on 26th April 1978].
(l)
[an area designated as a national park by a designation order made by the Scottish Ministers under section 6(1) of the National Parks (Scotland) Act 2000]
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.]
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