The Port of Cairnryan Harbour Revision Order 2012

Made13th December 2012

Coming into force14th December 2012

The Scottish Ministers (the “Ministers”) make the following Order in exercise of the powers conferred by section 14(1), (2A) and (3) 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 Port of Cairnryan Limited being the authority engaged in improving, maintaining or managing the harbour; and

(b)

except in so far as this Order is made for achieving objects mentioned in section 14(2A) of the Act, 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 of facilitating the efficient and economic transport of goods or passengers by sea.

In accordance with section 14(2A) of that Act, the objects for achieving which this Order is made include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour and consolidating any statutory provisions of local application affecting the harbour.

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 and, taking into account the criteria set out in Annex III to that Directive, that the project is a relevant project.

In accordance with paragraph 6 of that Schedule7, Ministers have—

(a)

informed the applicant of that decision, and the reasons for it; and

(b)

given an opinion to the applicant about the extent of the information referred to in Annex IV to that Directive which the applicant would be required to supply in the environmental statement and –

(i)

in giving that opinion Ministers have taken into account the matters in sub-paragraph (3) of that paragraph; and

(ii)

before giving that opinion Ministers have consulted the applicant and such bodies with environmental responsibilities as Ministers thought appropriate.

In accordance with paragraph 8 of that Schedule8, Ministers have directed the applicant to supply them with an environmental statement and as required by paragraph 9 of that Schedule9 the applicant has complied with that direction.

Notices have been published by the applicant in accordance with the requirements of paragraphs 10 of that Schedule10.

In accordance with paragraph 15 of that Schedule11, Ministers have—

(a)

consulted; and

(b)

sent the environmental statement to,

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 Schedule12 have been satisfied.

In accordance with paragraph 19(1) of that Schedule13, Ministers have considered—

(a)

the environmental statement;

(b)

the result of the consultations under paragraph 15 of that Schedule; and

(c)

any representations made under paragraph 10(2)(f) of that Schedule.

In accordance with paragraph 19(2) of that Schedule14, Ministers have decided to make this Order in the form of the draft submitted to them.