Harbours Act 1964

[F11E+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 within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);]

    [F3land within a site of special scientific interest;]

    (b)

    [F3land in respect of which a nature conservation order or land management order made under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) has effect;]

    (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 F5... 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 substituted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 1(a) (with s. 55(2)); S.S.I. 2004/495, art. 2 (para (b) had previously been repealed for 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)

F5Words in Sch. 3 para. 1 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 1(b) (with s. 55(2)); S.S.I. 2004/495, art. 2