The Fraserburgh Harbour Revision Order

The Scottish Ministers (the “Ministers”) make the following Order in exercise of the powers conferred by section 14 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 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/(EC)6, 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 Schedule7, Ministers have informed the Commissioners 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 Commissioners in accordance with the requirements of paragraph 10 of that Schedule8.

In accordance with paragraph 15 of that Schedule9, Ministers have consulted such bodies who were likely to have an interest in the project by reason of their environmental responsibilities as Ministers thought appropriate.

The provisions of paragraph 17 of that Schedule10 have been satisfied. No objections to the application have been made.

In accordance with paragraph 19(1) of that Schedule11, Ministers have considered the result of the consultations under paragraph 15 of that Schedule.