Amendment of the Harbours Act 19642.
(1)
(2)
In section 44 (limitation of right to challenge harbour revision orders, etc., in legal proceedings), as it applies in relation to England and Wales—
(a)
(b)
“(7)
An order is within this subsection if, in relation to the proposed application relating to the project authorised by the order, the Secretary of State decided that an environmental impact assessment was required and informed the applicant accordingly under paragraph 6(2)(a) of Schedule 3.
(8)
For the purposes of subsections (6) and (7), an “environmental organisation” is a non-governmental organisation promoting environmental protection.”.
(3)
“(6)
In the case of an order falling within subsection (7), an environmental organisation is to be deemed to have sufficient interest to make an application under subsection (1).
(7)
An order is within this subsection if, in relation to the proposed application relating to the project authorised by the order, the Scottish Ministers decided that an environmental impact assessment was required and informed the applicant accordingly under paragraph 6(2)(a) of Schedule 3.
(8)
For the purposes of subsections (6) and (7), an “environmental organisation” is a non-governmental organisation promoting environmental protection.”.
(4)
In Part 1 of Schedule 3 (procedure for making harbour revision and empowerment orders)—
(a)
(i)
in paragraph (b) in the definition of “the environment” after “protected under” insert “any law of any part of the United Kingdom which implemented”;
(ii)
““environmental assessment” means an assessment of the effect of anything on the environment if the assessment is carried out under—
(a)
retained EU law, or
(b)
any other law of any part of the United Kingdom, other than any law which implemented the EIA Directive;”;
(b)
(i)
in paragraph (b) in the definition of “the environment” after “protected under” insert “any law of any part of the United Kingdom which implemented”;
(ii)
““environmental assessment” means an assessment of the effect of anything on the environment if the assessment is carried out under—
(a)
retained EU law, or
(b)
any law of any part of the United Kingdom, other than any law which implemented the EIA Directive;”;
(c)
“1A.
In this Part of this Schedule, references to provisions of the EIA Directive are to be read as if—
(a)
in Annex III—
(i)
in point 2(c)(v) the reference to Member States were a reference to the Secretary of State;
(ii)
in point 2(c)(vi) the reference to Union legislation were a reference to retained EU law;
(b)
in Annex IV—
(i)
in the text following point 5(g) the words “established at Union or Member State level” were omitted;
(ii)
in point 8 the following were substituted for the second sentence—“Relevant information available and obtained through risk assessments pursuant to retained EU law, such as any law of any part of the United Kingdom which implemented Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom, or relevant assessments undertaken under other domestic legislation may be used for this purpose provided that the requirements of any law of any part of the United Kingdom which implemented this Directive are met.”
(d)
in paragraph 2 for “falling within”, in each place it occurs, substitute “of a type specified in”;
(e)
(f)
(g)
(h)
in paragraph 16 (projects likely to have significant effects on the environment in another EEA State)—
(i)
in subparagraph 1(c) for “another EEA State”, in each place it occurs, substitute “an EEA State”;
(ii)
for “the other EEA State”, in each place it occurs, substitute “the EEA State”;