Textual Amendments
F1Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3
Modifications etc. (not altering text)
C1Sch. 3 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(j) (with s. 106); S.I. 2001/869, art.2
3E+W+SA 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 notice of his intention to make the application, and
(b)the Secretary of State has responded under paragraph 5 or 6(3).
4E+W+SWhere the Secretary of State is notified of a proposed application under paragraph 3(a) he shall decide—
(a)whether the application relates to a project which falls within Annex I or II to the Directive, and
(b)if it relates to a project which falls within Annex II, whether, taking into account the selection criteria, the project is a relevant project.
5E+W+SIf the Secretary of State decides that the application—
(a)does not relate to a project which falls within Annex I or II to the Directive, or
(b)relates to a project which falls within Annex II but is not a relevant project,
he shall inform the proposed applicant in writing of his decision.
6(1)If the Secretary of State decides that the application relates to a project which falls within Annex I or within Annex II to the Directive and is a relevant project—E+W+S
(a)he shall in writing inform the proposed applicant of the decision, and give him the reasons for his decision,
(b)sub-paragraph (2) shall apply, and
(c)if the applicant makes the application, paragraph 8 shall apply.
(2)Where this sub-paragraph applies the Secretary of State shall give an opinion to the proposed applicant about the extent of the information referred to in Annex IV to the Directive which the proposed applicant would be required under paragraph 8(1) to supply in an environmental statement.
(3)In giving an opinion under sub-paragraph (2), the Secretary of State shall take into account the extent to which he considers—
(a)information to be relevant to his decision under paragraph 19 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 compile the information.
(4)The Secretary of State shall not give an opinion under sub-paragraph (2) until he has consulted the proposed applicant and such bodies with environmental responsibilities as he thinks appropriate.]