2016 No. 414
Harbours, Docks, Piers And Ferries

The Aberdeen Harbour Revision Order 2016

Made
Coming into force
The Scottish Ministers (“the Ministers”) make the following Order in exercise of the powers conferred by section 14(1) and (3) of the Harbours Act 19641 and all other powers enabling them 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 of that Act2.

In accordance with section 14(2) of that Act—

(a)

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

(b)

the 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 of that Act3, the Ministers have decided that part of the application relates to a project which falls within Annex I to Directive 2011/92/EU4 of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment.

In accordance with paragraph 6 of that schedule, the 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 the Ministers have taken into account the matters in sub-paragraph (3) of that paragraph; and

(ii)

before giving that opinion the Ministers have, in accordance with sub-paragraph (4) of that paragraph, consulted the applicant and such bodies with environmental responsibilities as the Ministers thought appropriate.

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

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

In accordance with paragraph 15 of that schedule, the Ministers have—

(a)

consulted; and

(b)

sent the environmental statement and any further information falling within paragraph 10A(2) of that schedule to,

such bodies who were likely to have an interest in the project by reason of their environmental responsibilities as the Ministers thought appropriate.

The provisions of paragraph 17 of that schedule have been satisfied.

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

(a)

the environmental statement and the further information falling within paragraph 10A(2) of that schedule;

(b)

the result of the consultations under paragraph 15 of that schedule;

(c)

any objections made and not withdrawn;

(d)

any representations made under paragraph 10(2)(f) or 10A(4)(d) of that schedule; and

(e)

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

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

In accordance with sections 54A(1), (2)(a) and (4) of the Harbours Act 19645 a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.