The Scrabster (Deep Inner Berth) Harbour Revision Order 2011
PART 1PRELIMINARY
1Citation and commencement
2Interpretation
PART 2WORKS
3Power to carry out quay work
4Power to carry out dredging and demolition works
5Power to deviate
6Subsidiary works
7Obstructing works
8Status of works
9Tidal works not to be executed without approval of Scottish Ministers
10Survey of tidal works
11Provision against danger to navigation
12Abatement of works abandoned or decayed
13Lights on tidal works during construction
14Permanent lights on works
15Period for completion of works
16Saving for other consents etc.
17Saving for Commissioners of Northern Lighthouses
18For the protection of the Scottish Environment Protection Agency
19For the protection of Scottish Natural Heritage
20Crown rights
2011 No. 284
Harbours, Docks, Piers And Ferries

The Scrabster (Deep Inner Berth) Harbour Revision Order 2011

Made
Coming into force
The Scottish Ministers (the “Ministers”) make the following Order in exercise of the powers conferred by section 14(1) of the Harbours Act 19641 and all other powers enabling Ministers 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—

(a)

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

(b)

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 and facilitating the efficient and economic transport of goods or passengers by sea.

In accordance with paragraph 4 of Schedule 3 to that Act3, 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 but, taking into account the criteria set out in Annex III to that Directive, that the project is not a relevant project.
In accordance with paragraph 5 of that Schedule 7, Ministers have informed the applicant in writing that the application relates to a project which falls within Annex II to that Directive but is not a relevant project.
Notice has been published by the applicant in accordance with the requirements of paragraph 10 of that Schedule8.
The provisions of paragraph 17 of that Schedule9 have been satisfied.
In accordance with paragraph 19(1) of that Schedule10, Ministers have considered
(a)

any objections made and not withdrawn; and

(b)

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

In accordance with paragraph 19(2) of that Schedule11, Ministers have decided to make this Order with modifications which do not appear to Ministers substantially to affect the character of the Order.