The Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations 1996

Amendment of the Harbours Works (Assessment of Environmental Effects) (No. 2) Regulations 1989

3.—(1) The Harbours Works (Assessment of Environmental Effects) (No. 2) Regulations 1989(1) shall be amended as follows.

(2) In regulation 4(1) the following sub-paragraph shall be inserted after sub-paragraph (c):

“or

(d) an application for approval required to be obtained in relation to any work (other than work specifically described or authorised as mentioned in regulation 3(b) and (c)) under any provision of:

(i) a local Act;

(ii) a harbour revision order made pursuant to section 14 of the Harbours Act 1964; or

(iii) a harbour empowerment order made pursuant to section 16 of that Act,

not requiring consent under section 34 of the Coast Protection Act 1949;”.

(3) In both 4(2) and 4(3) “the appropriate Minister decides that” shall be omitted.

(4) In regulation 4(3) for “he” there shall be substituted “the appropriate Minister”.

(5) In regulation 4(5):

(i) for “If the appropriate Minister decides” there shall be substituted “Where it appears to the appropriate Minister”;

(ii) for “of his decision forthwith” there shall be substituted “accordingly”.

(6) In regulation 5(1)—

(i) there shall be substituted for the words from the beginning to “characteristics” the following:

• “Where it appears to the appropriate Minister that the proposed harbour works constitute a project falling within Annex I to the Directive, or a project falling within Annex II to the Directive the characteristics of which;” and

  (ii)

  for “of his decision forthwith” there shall be substituted “accordingly”; and

  (iii)

  “that he considers” shall be omitted.

(7) In regulation 7 the following paragraph shall be added:

“(5) Subsections (2) to (5) of section 250 of the Local Government Act 1972(2) or subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973(3) (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall apply to an inquiry held under paragraph (4) above as they apply in relation to a local inquiry under subsection (1) of that section; but, in its application by virtue of this subparagraph, subsection (4) of the Local Government Act 1972 shall have effect with the omission of the words “any any amount”onwards.”.

(8) At the end of regulation 8(4)(b) there shall be added “including a statement that the information provided in accordance with regulation 8(2) above has been taken into consideration”.

(1)

S.I. 1989/424.

(2)

1972 c. 70.

(3)

1973 c. 65.