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Harbours Act 1964, Paragraph 3 is up to date with all changes known to be in force on or before 04 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1[F23(1)A person may not make an application for a harbour revision order which, directly or indirectly, authorises a project unless—E+W+S
(a)the proposed applicant has given the Secretary of State notice of the proposed applicant’s intention to make the application, and
(b)the Secretary of State has responded under paragraph 5(2) or 6(2)(a).
(2)If the project is likely to [F3be of a type specified in] Annex I or Annex II to the EIA Directive, the notice given under sub-paragraph (1)(a) —
(a)must include the information described in Annex II.A to the EIA Directive (information to be provided on projects listed in Annex II) taking into account the results of any relevant environmental assessment which are reasonably available to the proposed applicant, and
(b)may include a description of any feature of the project or measure envisaged to avoid or prevent what otherwise might be significant adverse effects of the project on the environment.
(3)This paragraph does not apply if the Secretary of State gives a direction in respect of the project under paragraph 20A, 20B or 20C (exemptions).]]
Textual Amendments
F1Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3
F2Sch. 3 para. 3 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(5) (with Sch. 6 paras. 2, 3(3))
F3Words in Sch. 3 para. 3(2) substituted (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 2(4)(e)
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