The Peterhead Port Authority Harbour Revision Order 2015

Made4th August 2015

Coming into force5th August 2015

The Scottish Ministers (“the Ministers”) make the following Order in exercise of the powers conferred by section 14(1) and (3) of the Harbours Act 19641 and all other powers enabling them to do so.

In accordance with section 14(1) of that Act, this Order is made in relation to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, for achieving objects specified in Schedule 2 to that Act2.

In accordance with section 14(2) of that Act—

this Order is made following a written application to the Ministers by Peterhead Port Authority (“the applicant”) being the authority engaged in improving, maintaining or managing the harbour; and

the Ministers are satisfied that the making of this Order is desirable in the interests of securing the improvement, maintenance, or management of the harbour in an efficient and economical manner.

In accordance with paragraph 4 of Schedule 3 to that Act3, the Ministers have decided that the application relates to a project which falls within Annex II to Council Directive 85/337/EEC4, as relevantly amended by Council Directive 97/11/EC5 and Council Directive 2003/35/EC6, on the assessment of the effects of certain public and private projects on the environment and, taking into account the criteria set out in Annex III to that Directive, that the project is a relevant project.

In accordance with paragraph 6 of that Schedule7, the Ministers have—

informed the applicant of that decision, and the reasons for it; and

given an opinion to the applicant about the extent of the information referred to in Annex IV to that Directive which the applicant would be required to supply in the environmental statement and–

in giving that opinion the Ministers have taken into account the matters in sub‑paragraph (3) of that paragraph; and

before giving that opinion the Ministers have consulted the applicant and such bodies with environmental responsibilities as the Ministers thought appropriate.

In accordance with paragraph 8 of that Schedule8, the Ministers have directed the applicant to supply them with an environmental statement and, as required by paragraph 9 of that Schedule9, the applicant has complied with that direction.

Notices have been published by the applicant in accordance with the requirements of paragraphs 10 and 10A of that Schedule10.

In accordance with paragraph 15 of that Schedule11, the Ministers have—

consulted; and

sent the environmental statement to,

such bodies who were likely to have an interest in the project by reason of their environmental responsibilities as the Ministers thought appropriate.

The provisions of paragraph 17 of that Schedule12 have been satisfied. All objections to the application have been withdrawn or paragraph 18(1A) of that Schedule13 applied in respect of those objections.

In accordance with paragraph 19(1) of that Schedule14, the Ministers have considered—

the environmental statement;

the result of the consultations under paragraph 15 of that Schedule;

any objections made and not withdrawn;

any representations made under paragraph 10(2)(f), of that Schedule; and

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

In accordance with paragraph 19(2) of that Schedule15, the Ministers have decided to make this Order with modifications which do not appear to them substantially to affect the character of the Order.