SCHEDULES

[F1SCHEDULE 3E+W+S PROCEDURE FOR MAKING HARBOUR REVISION AND EMPOWERMENT ORDERS

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 3 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(j) (with s. 106); S.I. 2001/869, art.2

PART IE+W+S ORDERS MADE ON APPLICATION TO THE SECRETARY OF STATE

IntroductoryE+W+S

1E+W+SIn this Part of this Schedule—

  • “the Directive" means Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC;

  • “EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

  • “EEA State" means a State which is a Contracting Party to the EEA Agreement;

  • “environmental statement" means a statement which includes the information mentioned in paragraph 8(2) and such additional information as the Secretary of State may require under paragraph 8(3);

  • “fishery harbour" has the meaning assigned to it in section 21 of the Sea Fish Industry Act 1951;

  • “project" means—

    (a)

    the execution of construction works or other installations or schemes, and

    (b)

    other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources;

  • “relevant project" means a project which would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

  • “selection criteria" means the criteria set out in Annex III to the Directive;

  • “sensitive area" means any of the following—

    (a)

    [F2land notified under section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest);]

    (a)

    [F2land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);]

    (b)

    [F3land to which section 29(3) of that Act (nature conservation orders) applies;]

    (c)

    land declared to be a national nature reserve under section 35 of that Act;

    (d)

    an area to which paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995 applies;

    (e)

    a National Park within the meaning of the National Parks and Access to the Countryside Act 1949;

    (f)

    the Broads within the meaning of the Norfolk and Suffolk Broads Act 1988;

    (g)

    a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage;

    (h)

    a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979;

    (i)

    an area of outstanding natural beauty designated by order under [F4section 87 of the National Parks and Access to the Countryside Act 1949 ][F4section 82 of the Countryside and Rights of Way Act 2000] (designation of areas of outstanding natural beauty);

    (j)

    a European site within the meaning of regulation 10 of the Conservation (Natural Habitats etc) Regulations 1994;

    (k)

    an area designated as a natural heritage area under section 6(2) of the Natural Heritage (Scotland) Act 1991 or as a national scenic area under section 262C of the Town and Country Planning (Scotland) Act 1972.]

Textual Amendments

F2Words in Sch. 3 para. 1 substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 para. 3

F3Words in Sch. 3 para. 1 repealed (E.W.) (30.1.2001 for E., 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. III; S.I. 2001/114, art. 2(1)(d)(ii); S.I. 2001/1410, art. 2(p)

F4Words in Sch. 3 para. 1 substituted (E.W.) (1.4.2001) by 2000 c. 37, s. 93, Sch. 15 para. 4 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e)