Harbours Act 1964

[F1 IntroductoryE+W+S

Textual Amendments

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 [F2and Council Directive 2003/35/EC] [F3and 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)

    [F4land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);]

    [F5land within a site of special scientific interest;]

    (b)

    [F5land 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)

    [F6land declared to be a national nature reserve under section 35 of that Act;]

    (d)

    [F6an 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)

    [F6a National Park within the meaning of the National Parks and Access to the Countryside Act 1949;]

    (f)

    [F6the 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)

    [F6an area of outstanding natural beauty designated by order under [F7section 87 of the National Parks and Access to the Countryside Act 1949][F7section 82 of the Countryside and Rights of Way Act 2000] (designation of areas of outstanding natural beauty);]

    (j)

    [F8a European site within the meaning of regulation 10 of the Conservation (Natural Habitats etc) Regulations 1994;]

    [F8a European site within the meaning of the Conservation of Habitats and Species Regulations 2010 (see regulation 8);]

    (k)

    an area designated F9... [F10as a National Scenic Area by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997];

    (l)

    [F11 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

F2Words 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))

F4Words in Sch. 3 para. 1 substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 para. 3

F5Words 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))

F6Words 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))

F7Words 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)

F9Words 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

F11Words 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))

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.]