The Harbour Works (Assessment of Environmental Effects) Regulations 1988

• Citation: S.I. 1988/1336
• Sections: 8

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Harbour Works (Assessment of Environmental Effects) Regulations 1988.

(2) These Regulations shall come into force on the seventh day after the day on which they are made.

(3) These Regulations shall not extend to Scotland.

Section 2 Amendment of the Harbours Act 1964

The following definition shall be inserted in section 57(1) of the Harbours Act 1964 (at the appropriate place in alphabetical order)—

“environmental assessment” means an assessment in accordance with Council Directive No. 85/337/ EEC ;

Section 3 Amendment of the Harbours Act 1964

Part I of Schedule 3 to that Act shall be amended as follows.

Section 4 Amendment of the Harbours Act 1964

The following paragraph shall be inserted after paragraph 1—

(1A)

(1) Where an application for a harbour revision order relating to a harbour in England or Wales is made after the coming into force of this paragraph, the Secretary of State shall determine whether or not it is made in relation to a project which falls within Annex I or Annex II to Council Directive No. 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

(2) If he determines that it is made in relation to a project which falls within Annex I, or a project which falls within Annex II and whose characteristics require that it should be made subject to an environmental assessment, he shall direct the applicant to supply him in such form as he may specify with the information referred to in Annex III to the Directive to the extent that he considers—

(a) that it is relevant to any stage of the procedure set out in this Part and to the specific characteristics of the project to which the application relates and of the environmental features likely to be affected by it; and

(b) that (having regard in particular to current knowledge and methods of assessment) the applicant may reasonably be required to gather that information,

and including at least—

(i) a description of the project comprising information on the site, design and size of the project;

(ii) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;

(iii) the data required to identify and assess the main effects which the project is likely to have on the environment;

(iv) a non-technical summary of the information mentioned in paragraphs (i) to (iii) above.

Section 5 Amendment of the Harbours Act 1964

In paragraph 3—

(a) after the word “compliance” there shall be inserted the words “with the requirements of paragraph 1A above if they are applicable,”; and

(b) in sub-paragraph (a)—

(i) after the words “of the order” there shall be inserted the words “and whether information has been supplied under paragraph 1A above and”; and

(ii) after the words “a copy of the draft of the proposed order” there shall be inserted the words “, a copy of any information supplied under paragraph 1A above”.

Section 6 Amendment of the Harbours Act 1964

The following paragraph shall be inserted after paragraph 3—

(3A) It shall be the duty of the Secretary of State to furnish such bodies appearing to him to have environmental responsibilities as he thinks fit with any information supplied under paragraph 1A above and to consult such bodies.

Section 7 Amendment of the Harbours Act 1964

In paragraph 4(5), after the word “withdrawn” there shall be inserted the words “, any information supplied under paragraph 1A above”.

Section 8 Amendment of the Harbours Act 1964

The following paragraph shall be inserted after paragraph 4—

(4ZA) In any case where the Secretary of State has determined as mentioned in paragraph 1A(2) above, he shall publish in such manner as he thinks fit his decision whether or not to make an order.