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

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Scrutiny of applications relating to harbour works

4.—(1) Where an application or notice of one of the following descriptions is made or given–

(a)an application for consent to the carrying out of operations pursuant to section 34 of the Coast Protection Act 1949;

(b)notice from a harbour authority pursuant to regulations made under section 37 of the Merchant Shipping Act 1988(1) that application has been made for a licence to carry out operations; or

(c)an application for the approval of any such work as is referred to in section 35(1)(g) of the Coast Protection Act 1949;

the appropriate Minister shall consider whether the application or notice relates in whole or in part to harbour works to which these Regulations apply and shall reach a decision thereon as soon as reasonably practicable.

(2) If the appropriate Minister decides that the application or notice relates to harbour works to which these Regulations apply, the proposed works shall not be commenced unless the appropriate Minister reaches a decision under regulation 4(5) or consents thereto under regulation 8(3) or regulation 9(5) and he shall notify the developer of his decision and its effect forthwith.

(3) If the appropriate Minister decides that the application or notice relates in whole or in part to harbour works to which these Regulations apply, he shall consider whether–

(a)the proposed harbour works constitute a project which falls within Annex I of the Directive; or

(b)the proposed harbour works constitute a project which falls within Annex II of the Directive and, if so, whether their characteristics require that they should be made subject to an environmental assessment.

(4) The appropriate Minister may require the developer to provide him with such of the following information as he deems necessary to enable him to consider whether proposed harbour works being the subject of an application or notice referred to in paragraph (1) constitute a project falling within paragraph (3)–

(a)a brief description of the nature and purpose of the proposed harbour works;

(b)a plan sufficient to identify the location of the proposed harbour works;

(c)plans and sections showing the lines, situation and levels of the proposed harbour works; and

(d)such further information as he may specify in a particular case.

(5) If the appropriate Minister decides that proposed harbour works do not constitute a project falling within Annex I or Annex II to the Directive or that they constitute a project falling within Annex II the characteristics of which do not require that they should be made subject to an environmental assessment, he shall take no further action on the application or notice pursuant to these Regulations and he shall notify the developer and, in a case where a notice has been received under regulation 4(1)(b), the harbour authority, of his decision forthwith.

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