Schedules
Schedule 21Amendments of the Harbours Act 1964
Procedure for dealing with applications for harbour orders
I15
1
In Schedule 3 (procedure for making harbour revision and empowerment orders), paragraph 18 (which provides for the holding of an inquiry or public hearing when an objection is made) is amended as follows.
2
For sub-paragraph (1) substitute—
1
This paragraph applies if an objection to the application was made to the appropriate authority and has not been withdrawn.
1A
This paragraph does not apply if—
a
the appropriate authority decides that the application is not to proceed further,
b
the appropriate authority considers that the objection is frivolous or trivial,
c
the objection does not specify the grounds on which it is made, or
d
the objection was not made within the period allowed for making it.
1B
Before deciding the application under paragraph 19, the appropriate authority may—
a
cause an inquiry to be held, or
b
give to the person who made the objection an opportunity of appearing before, and being heard by, a person appointed by the appropriate authority.
1C
If the objection—
a
was made by the Welsh Ministers to the Secretary of State, and
b
is not an objection regarding compulsory acquisition of a parcel of land,
the Secretary of State must cause an inquiry to be held under sub-paragraph (1B)(a).
1D
If, in a case where sub-paragraph (1C) does not apply,—
a
the objection was made by a person within sub-paragraph (1E), and
b
that person makes a request in writing to the appropriate authority that the objection be referred to an inquiry or dealt with in accordance with sub-paragraph (1B)(b),
the appropriate authority must either cause an inquiry to be held under sub-paragraph (1B)(a) or cause the objection to be dealt with in accordance with sub-paragraph (1B)(b), as the appropriate authority may determine.
1E
The persons within this sub-paragraph are—
a
in the case of an application to the Secretary of State, the Welsh Ministers;
b
any local authority for an area in which the harbour (or any part of it) is situated;
c
the relevant conservation body;
d
if the order will authorise the compulsory acquisition of land, any person who is entitled to be served with notice under paragraph 11.
3
In sub-paragraph (2)—
a
for “sub-paragraph (1)(a)” substitute “
sub-paragraph (1B)(b)
”
,
b
for “Secretary of State” substitute “
appropriate authority
”
, and
c
for “he” substitute “
the authority
”
.
4
In sub-paragraph (3)—
a
for “Secretary of State” substitute “
appropriate authority
”
,
b
omit paragraph (a), and
c
in paragraph (b), for “he” substitute “
the appropriate authority
”
.
5
After sub-paragraph (3) insert—
4
In this paragraph—
“the appropriate authority” means—
- a
in a case where the application was made to the Secretary of State, the Secretary of State;
- b
in a case where the application was made to the Welsh Ministers, the Welsh Ministers;
“local authority” means—
- a
in England, a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly, a parish council and a parish meeting of a parish not having a separate parish council, and
- b
in Wales, a county council, a county borough council and a community council;
“the relevant conservation body” means—
- a
if the harbour (or any part of it) is situated in England, Natural England, and
- b
if the harbour (or any part of it) is situated in Wales, the Countryside Council for Wales.