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

Decisions on applications

8.—(1) Where the appropriate Minister is satisfied that the developer has complied with his direction under regulation 5(1), with regulation 6 and with any direction under regulation 7(1) or (2), and he has received the report of any inquiry held under regulation 7(4), he shall reach a decision on the merits of the proposed harbour works.

(2) In reaching his decision concerning proposed harbour works, the appropriate Minister shall consider the information supplied to him under regulation 5(1), any representations received pursuant to regulation 6(1) or 6(2), any consultations under regulation 7(3), and the report of any inquiry held under regulation 7(4), and he shall have regard in particular–

(a) to the effect of the proposed harbour works on the environment;

(b) to the desirability of the proposed works being carried out in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner or of facilitating the efficient and economic transport of goods or passengers by sea; and

(c) to any other benefits which may be derived from the proposed works.

(3) The appropriate Minister may–

(a) consent to the carrying out of the proposed harbour works either unconditionally or subject to such conditions as he sees fit; or

(b) refuse such consent.

(4) The appropriate Minister shall–

(a) notify his decision and the reasons and considerations upon which it was based to the developer and to all bodies and persons who were consulted on or made representations concerning the proposed harbour works; and

(b) publish his decision in such manner as he thinks fit.

(5) Any condition subject to which the appropriate Minister has consented to harbour works–

(a) shall (subject to paragraph (c) below) either remain in force for a specified period or remain in force without limit of time;

(b) shall (in addition to binding the developer to whom the consent is given) bind, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of the harbour works;

(c) may, if the appropriate Minister thinks fit, be revoked by him.

(6) A consent under paragraph (3) may be granted so as to continue in force, unless renewed, only if the harbour works for which the consent is granted are begun or completed within such period as may be specified in the consent, and any renewal of a consent may be limited in the same way.