The Harbour Works (Assessment of Environmental Effects) (No.2) Regulations 1989

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the appropriate Minister” means

(a)

in respect of harbour works not being works relating to fishery harbours or marine works, the Secretary of State for Transport;

(b)

in respect of harbour works relating to fishery harbours in England, the Minister of Agriculture, Fisheries and Food;

(c)

in respect of harbour works relating to fishery harbours in Wales, the Secretary of State for Wales;

(d)

in respect of harbour works relating to marine works in Scotland, the Secretary of State for Scotland;

“developer” means any person who proposes to carry out or who carries out harbour works;

“the Directive” means Council Directive No. 85/337/EEC(1) on the assessment of the effect of certain public and private projects on the environment;

“environmental assessment” means an assessment in accordance with the Directive;

“fishery harbour” has the meaning assigned to it in section 21 of the Sea Fish Industry Act 1951(2);

“harbour” has the meaning assigned to it in section 57 of the Harbours Act 1964(3);

“harbour authority” means the harbour authority as defined in section 57 of the Harbours Act 1964 in relation to the harbour where the harbour works are proposed to be carried out;

“harbour works” means works involved in the construction of a harbour or in the making of modifications to an existing harbour;

“marine work” has the meaning assigned to it in section 57 of the Harbours Act 1964;

“operations” means the operations described in section 34(1) of the Coast Protection Act 1949(4);

“provisional order” has the meaning assigned to it in section 57 of the Harbours Act 1964.

(2) For the purposes of these Regulations a person carries out harbour works if he carries out the whole or any part of such works or any operation in connection with or for the purposes of such works.

(3) In these Regulations reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference to a numbered paragraph or lettered sub-paragraph is a reference to the paragraph or sub-paragraph bearing that number or letter in these Regulations.

(1)

O.J. No. L175, 5.7.85, p. 40.

(2)

1951 c. 30.

(3)

1964 c. 40.

(4)

1949 c. 74; section 34(1) was amended by section 36 of the Merchant Shipping Act 1988 (c. 12).