Harbours Act 1964

[F1 10 (1) An applicant shall arrange for a notice to be published— E+W+S

(a) by Gazette and local advertisement, and

(b) in such other ways as the Secretary of State may direct.

(2) The notice must—

(a) state that an application has been made for the order,

(b) state the Secretary of State’s decision under paragraph 4 and any reasons given under paragraph 6(1),

[F2 (ba) if the Secretary of State gives a direction in respect of the project under paragraph 20A, 20B, 20C or 20D (exemptions and deferral), state that such a direction has been given,]

(c) state whether an environmental statement has been supplied under paragraph [F3 8(1)(a)],

(ca) [F4 where such a statement has been supplied—

(i) provide an address from which a copy of the statement can, until the expiry of the period referred to in paragraph (f), be obtained and information as to the amount of any charge for the provision of such a copy, and

(ii) state whether paragraph 16 applies,]

[F5 where such a statement has been supplied—

(i) provide an address from which a copy of the statement can, until the expiry of the period referred to in head (f), be obtained and information as to the amount of any charge for the provision of such a copy,

(ii) provide an address from which further information about the works proposed to be authorised can, until the expiry of that period, be obtained, and

(iii) state whether paragraph 16 applies,]

(d) contain a concise summary of the draft order,

(e) give a general description of any land proposed for compulsory acquisition and of the nature of any works proposed to be authorised, F6 F7 ...

(f) state that any person who desires to object to the application [F8 or to make representations in relation to any environmental statement supplied under paragraph 8(1)][F9 or to make representations in relation to any environmental statement supplied under paragraph 8(1)] should do so in writing to the Secretary of State, specifying [F10 (where relevant)][F11 (where relevant)] the grounds of the objection, before the expiry of the period of 42 days starting with a date specified in the notice, [F12 and

(g) provide details of the procedure under this Schedule for dealing with any objection or representations made under head (f)] [F13 and

(g) provide details of the procedure under this Schedule for dealing with any objection or representations made as mentioned in the notice].

[F14 (2A) Any charge imposed as mentioned in sub-paragraph (2)(ca)(i) must be reasonable.]

(3) The date specified in accordance with sub-paragraph (2)(f) must be the date on which the notice first appears in a local newspaper.

(4) The notice must also specify a place where copies of the following documents can [F15 , until the expiry of the period referred to in sub–paragraph (2)(f),][F16 , until the expiry of the period referred to in sub-paragraph (2)(f),] be inspected at all reasonable hours—

(a) the draft order,

(b) the decision of the Secretary of State referred to in sub-paragraph (2)(b),

(c) any environmental statement supplied under paragraph 8(1), and

(d) any map accompanying the application.

(5) The copy of the map referred to in sub-paragraph (4)(d) must be drawn to the same scale as that map.

[F17 (6) If an applicant publishes a notice which states that an environmental statement has been supplied under paragraph 8(1)(a), the applicant must supply the Secretary of State with a copy of the notice—

(a) as soon as possible, and

(b) in any event within the period of three working days starting with the date specified in accordance with sub-paragraph (2)(f).

(7) In this paragraph and paragraph 10A, “working day” means a day other than—

(a) Saturday or Sunday,

(b) Christmas Day or Good Friday, or

(c) any day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the harbour, dock or wharf to which the application relates is situated.

(8) The Secretary of State may specify the form in which, and means by which, the copy of the notice is to be provided.]]

Textual Amendments

F1 Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3

F2 Sch. 3 para. 10(2)(ba) inserted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 1 para. 8(12)(a)(i) (with Sch. 6 paras. 2(2), 3(3))

F3 Word in Sch. 3 para. 10(2)(c) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 1 para. 8(12)(a)(ii) (with Sch. 6 paras. 2(2), 3(3))

F4 Sch. 3 para. 10(2)(ca) inserted (E.W.) (10.3.2009) by The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 5(2)(a) (with reg. 1(2))

F5 Sch. 3 para. 10(2)(ca) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(i), 30(3) (with s. 30(5))

F6 Word in Sch. 3 para. 10(2)(e) repealed (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(ii), 30(3) (with s. 30(5))

F7 Word in Sch. 3 para. 10(2) omitted (E.W.) (10.3.2009) by virtue of The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 5(2)(b) (with reg. 1(2))

F8 Words in Sch. 3 para. 10(2)(f) inserted (E.W.) (10.3.2009) by The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 5(2)(c) (with reg. 1(2))

F9 Words in Sch. 3 para. 10(2)(f) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(iii), 30(3) (with s. 30(5))

F10 Words in Sch. 3 para. 10(2)(f) inserted (E.W.) (10.3.2009) by The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 5(2)(d) (with reg. 1(2))

F11 Words in Sch. 3 para. 10(2)(f) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(iv), 30(3) (with s. 30(5))

F12 Sch. 3 para. 10(2)(g) and preceding word added (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(v), 30(3) (with s. 30(5))

F13 Sch. 3 para. 10(2)(g) and preceding word added (E.W.) (10.3.2009) by The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 5(2)(e) (with reg. 1(2))

F14 Sch. 3 para. 10(2A) inserted (E.W.) (10.3.2009) by The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 5(3) (with reg. 1(2))

F15 Words in Sch. 3 para. 10(4) inserted (E.W.) (10.3.2009) by The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 5(4) (with reg. 1(2))

F16 Words in Sch. 3 para. 10(4) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(c), 30(3) (with s. 30(5))

F17 Sch. 3 para. 10(6)-(8) inserted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 1 para. 8(12)(b) (with Sch. 6 paras. 2(2), 3(3))