The Harbour Works (Environmental Impact Assessment) (Amendment) Regulations 2000

This Statutory Instrument has been made in consequence of defects in S.I. 1999/3445 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2000 No. 2391

HARBOURS, DOCKS, PIERS AND FERRIES

The Harbour Works (Environmental Impact Assessment) (Amendment) Regulations 2000

Made

5th September 2000

Laid before Parliament

7th September 2000

Coming into force

2nd October 2000

The Secretary of State for the Environment, Transport and the Regions and the Minister of Agriculture, Fisheries and Food as regards England, the Secretary of State for Scotland as regards Scotland and the Secretary of State for Wales as regards Wales, being Ministers designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in exercise of the powers conferred by that section, hereby make the following Regulations:—

1.  These Regulations may be cited as the Harbour Works (Environmental Impact Assessment) (Amendment) Regulations 2000, and shall come into force on 2nd October 2000.

2.  The Harbour Works (Environmental Impact Assessment) Regulations 1999(3) shall be amended as follows—

(a) in regulation 4(3)(c), for “selections” there shall be substituted “sections”;

(b) in regulation 8(4), for “paragraph (2)(a)” there shall be substituted “paragraph (2)(b)”;

(c) in regulation 14(2), for “12(1)” there shall be substituted “13(1)”; and

(d) in Schedule 3, in paragraph 16(4) of the new Schedule 3 to the Harbours Act 1964(4), for “sub-paragraph (2)(a)” there shall be substituted “sub-paragraph (2)(b)”.

Signed by authority of the Secretary of State

Keith Hill

Minister of State,

Department of the Environment, Transport and the Regions

7th August 2000

Elliot Morley

Parliamentary Secretary (Commons), Ministry of Agriculture, Fisheries and Food

24th August 2000

Brian Wilson

Minister of State, Scotland Office

31st August 2000

David Hanson

Parliamentary Under-Secretary of State for Wales

5th September 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations correct a typographical error and three wrong cross references in the Harbour Works (Environmental Impact Assessment) Regulations 1999. Those Regulations implement, for Great Britain, Council Directive 85/337/EEC (OJ No. L 175, 5.7.1985, p.40), as amended by Council Directive 97/11/EC (OJ No. L 73, 14.3.1997, p.5), on the assessment of the effects of certain public and private projects on the environment, in respect of certain harbour works.

(1)

S.I. 1988/785. See also: The Secretary of State for the Environment, Transport and the Regions Order 1997 (S.I. 1997/2971).

(2)

1972 c. 68. By virtue of section 2(4) and (5) of the European Economic Area Act 1993 (c. 51), regulations may be made under section 2(2) of the European Communities Act 1972 to modify Acts made before 1st January 1994 so as to provide for equivalent treatment in relation to EEA States to that which is made in relation to EU States, and to make provision in relation to the EEA which is equivalent to that being made in relation to EU States. Council Directive 97/11/EC was extended to the EEA by Decision No. 20/1999 (26th February 1999) of the EEA Joint Committee. Section 53 of the Scotland Act 1998 (c. 46) transfers functions to the Scottish Ministers (as defined in section 44(2) of that Act, but section 57 provides for the power to remain exercisable by a Minister of the Crown as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972.

(3)

S.I. 1999/3445.

(4)

1964 c. 40.