Harbours Act 1964 (c. 40)

SCHEDULES

[F1 SCHEDULE 3 E+W+S PROCEDURE FOR MAKING HARBOUR REVISION AND EMPOWERMENT ORDERS

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

Modifications etc. (not altering text)

C1 Sch. 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

PART I E+W+S ORDERS MADE ON APPLICATION TO THE SECRETARY OF STATE

The decision E+W+S

19 (1) The Secretary of State shall consider— E+W+S

(a) any environmental statement supplied under paragraph 8(1);

(b) the result of any consultations under paragraph 15;

(c) any opinion sent under paragraph 16(5)(b) and the result of any consultations with other EEA States under paragraph 16(6)(a);

(d) any objections made and not withdrawn; [F2 and]

(e) the report of any person who held an inquiry and of any person appointed for the purpose of hearing an objector under paragraph 18.[F3 ; and

(f) any written representations submitted to the Scottish Ministers by the applicant or any objector in elaboration of the application or, as the case may be, objection.]

(2) Following the consideration required by sub-paragraph (1) the Secretary of State shall decide—

(a) not to make the order applied for,

(b) to make it in the form of the draft submitted to him, or

(c) to make it with modifications.

Textual Amendments

F2 Word in Sch. 3 para. 19(1) repealed (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(5), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

F3 Sch. 3 para. 19(1) and preceding word inserted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(5), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

20 (1) This paragraph applies where the Secretary of State decides under paragraph 6(1)— E+W+S

(a) that the application relates to a project which falls within Annex I or II to the Directive, and

(b) in the case of an application relating to a project which falls within Annex II to the Directive, that the project is a relevant project.

(2) The Secretary of State shall publish the following information—

(a) the content of the decision whether or not to make the order and any conditions attached to the decision,

(b) the main reasons and considerations on which his decision is based,

(c) a description, where necessary, of the main measures to prevent, reduce or offset the major adverse effects, and

(d) a statement that the matters referred to in paragraph 19(1) have been taken into consideration.]