The Port of Ardersier Harbour Revision Order 2014

Environmental requirements S

35.—(1) The works shall not be commenced until the Scottish Ministers have, following consultation in accordance with paragraphs (3) to (6), approved in writing the CEMD for the works subject to any amendments or further conditions or restrictions which Ministers may require.

(2) The operation of the port shall not be commenced until the Scottish Ministers have, following consultation in accordance with paragraphs (3) to (6), approved in writing the OEMD for the works subject to any amendments or further conditions or restrictions which Ministers may require. Once approved the OEMD shall replace the CEMD which shall cease to have effect.

(3) The Scottish Ministers shall consult the following bodies, in so far as each has an interest in the subject matter and the terms of the proposed form of the CEMD or OEMD or the proposed amendment to the CEMD or OEMD, before approving the CEMD or OEMD or any amendment thereto—

(a) The Highland Council;

(b) the Scottish Environment Protection Agency;

(c) Scottish Natural Heritage.

(4) The consultation responses of those bodies shall be without prejudice to the respective rights and powers of the consultees under general legislation.

(5) The period for responses to consultation for the purposes of paragraph (3) of this article shall be determined by the Scottish Ministers taking into account the extent to which they consider that they require advice on appropriate and necessary mitigation for construction or operational procedures, and the Scottish Ministers shall not approve the CEMD or OEMD until such period has elapsed as they shall consider reasonable for consideration of, and comment upon, the terms of or amendment to the proposed CEMD or OEMD.

(6) The Scottish Ministers shall, prior to determining whether or not to approve (and if so on what terms) a proposed CEMD or OEMD or proposed amendment to the CEMD or OEMD, afford the Company an opportunity to comment on any response received from a body consulted by the Scottish Ministers pursuant to paragraph (3).

(7) For the purpose of ensuring compliance with the obligations set out in the terms of the CEMD or OEMD, the following statutory bodies will have the power to approve on behalf of the Scottish Ministers those matters delegated to each of them and upon which an application is submitted by or on behalf of the Company to them for approval under the CEMD or OEMD—

(a) The Highland Council;

(b) the Scottish Environment Protection Agency.

(8) The Company shall, after receipt of intimation to the Company of the approval by the Scottish Ministers of the CEMD or OEMD or any amendment of the same, send each of the bodies referred to in paragraph (3) a copy of the CEMD or OEMD (or as the case may be, the amended CEMD or OEMD) as so approved.

(9) The Company shall ensure that the works are carried out and the port operated, in accordance with the approved CEMD or OEMD (or any amendment to it).

(10) Nothing in this article shall exempt the Company from fulfilling the requirements imposed on the Company by any rule of law or which arise from any commitment which is binding on the Company.

Commencement Information

I1 Art. 35 in force at 19.8.2014, see art. 1(1)