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 1964(1) and all other powers enabling Ministers 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 to that Act(2).

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

(a)this Order is made following a written application to Ministers by The Argyll and Bute Council (“the Council”) being the authority engaged in improving, maintaining or managing the harbour; and

(b)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 to that Act(3), Ministers have decided that the application relates to a project which falls within Annex  II to Council Directive  85/337/EEC (4), as relevantly amended by Council Directive 97/11/EC (5) and Council Directive 2003/35/EC (6), on the assessment of the effects of certain public and private projects on the environment but, taking into account the criteria set out in Annex  III to that Directive, that the project is not a relevant project.

In accordance with paragraph 5 of that Schedule(7), Ministers have informed the Council in writing that the application relates to a project which falls within Annex  II to that Directive but is not a relevant project.

Notices have been published by the Council in accordance with the requirements of paragraph 10 of that Schedule(8).

In accordance with paragraph 15 of that Schedule(9), Ministers have consulted such bodies who were likely to have an interest in the project by reason of their environmental responsibilities as Ministers thought appropriate.

The provisions of paragraph 17 of that Schedule(10) have been satisfied. All objections to the application have been withdrawn.

In accordance with paragraph 19(1) of that Schedule(11), Ministers have considered the result of the consultations under paragraph 15 of that Schedule.