Harbours Act 1964

[F1 Introductory E+W+S

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

1 E+W+S In 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 [F2 and Council Directive 2003/35/EC] [F3 and by Directive 2003/35/EC of the European Parliament and of the Council];

• “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)

  [F4 land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);]

  [F5 land within a site of special scientific interest;]

  (b)

  [F5 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)

  [F6 land declared to be a national nature reserve under section 35 of that Act;]

  (d)

  [F6 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)

  [F6 a National Park within the meaning of the National Parks and Access to the Countryside Act 1949;]

  (f)

  [F6 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)

  [F6 an area of outstanding natural beauty designated by order under [F7 section 87 of the National Parks and Access to the Countryside Act 1949][F7 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 F8 ... [F9 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)

  [F10 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].

Textual Amendments

F2 Words in Sch. 3 para. 1 added (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(a)(i), 30(3) (with s. 30(5))

F3 Words in Sch. 3 para. 1 added (E.W.) (10.3.2009) by The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 4 (with reg. 1(2))

F4 Words in Sch. 3 para. 1 substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 para. 3

F5 Words in Sch. 3 para. 1 substituted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 1(a) (with s. 55(2)); S.S.I. 2004/495, art. 2 (para (b) had previously been repealed for E.W. (30.1.2001 for E., 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. III; S.I. 2001/114, art. 2(1)(d)(ii); S.I. 2001/1410, art. 2(p))

F6 Words in Sch. 3 para. 1 repealed (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(a)(ii), 30(3) (with s. 30(5))

F7 Words in Sch. 3 para. 1 substituted (E.W.) (1.4.2001) by 2000 c. 37, s. 93, Sch. 15 para. 4 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e)

F8 Words in Sch. 3 para. 1 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 1(b) (with s. 55(2)); S.S.I. 2004/495, art. 2

F9 Words in Sch. 3 para. 1 substituted (S.) (20.6.2008) by The National Scenic Areas (Scotland) Regulations 2008 (S.S.I. 2008/202), regs. 1(1), 2

F10 Words in Sch. 3 para. 1 added (S.) (14.5.2007) by virtue of Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(a)(iii), 30(3) (with s. 30(5))

2 E+W+S A 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.]