The Whitehaven Harbour Revision Order 1996

Statutory Instruments

1996 No. 1627

HARBOURS, DOCKS, PIERS AND FERRIES

The Whitehaven Harbour Revision Order 1996

Made

21st June 1996

Coming into force

8th July 1996

Whereas the Whitehaven Harbour Commissioners and the Whitehaven Development Company Limited (being a person appearing to the Secretary of State for Transport to have a substantial interest) have applied for a harbour revision order under section 14 of the Harbours Act 1964(1);

And whereas the Secretary of State for Transport having, in pursuance of paragraph 1A of Schedule 3 to the said Act(2), determined that the application is made in relation to a project which falls within Annex II to Council Directive 85/337/EEC(3) on the assessment of the effects of certain public and private projects on the environment and whose characteristics require that it should be made subject to an environmental assessment, has directed the applicant to supply him with the information referred to in Annex III to the Directive;

And whereas the Secretary of State for Transport has in accordance with paragraph 3A of the said Schedule, furnished bodies appearing to him to have environmental responsibilities with the information supplied to him under the said paragraph 1A of that Schedule and has consulted such bodies;

And whereas objections to the application made pursuant to paragraph 3(a) of the said Schedule have been withdrawn;

And whereas the Secretary of State for Transport has considered the information supplied under the said paragraph 1A and is satisfied as mentioned in subsection (2)(b) of the said section 14;

Now, therefore, the Secretary of State for Transport (being the appropriate Minister under subsection (7) of the said section 14(4) for the purposes of making this Order), in exercise of the powers conferred by that section and now vested in him(5), and of all other powers enabling him in that behalf, hereby makes the following Order:—

(1)

1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14, and by the Transport and Works Act 1992 (c. 42), Schedule 3, paragraph 1.

(2)

Schedule 3 was amended by the Transport Act 1981, section 18 and Schedule 6, paragraphs 4(2) to (7) and 12 and by the Transport and Works Act 1992, Schedule 3, paragraph 10. Paragraph 1A was inserted by the Harbour Works (Assessment of Environmental Effects) Regulations 1988 (S.I. 1988/1336), regulations 3 and 4 and amended by S.I. 1992/1421.

(3)

OJ No. L175, 5.7.85, p.40.

(4)

For the definition of “the Minister”(mentioned in section 14(7)), see section 57(1).

(5)

S.I. 1981/238.