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Harbours Act 1964
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- UK Public General Acts
- 1964 c. 40
- SCHEDULE 3
- PART I
- The decision
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Changes over time for: Cross Heading: The decision
Version Superseded: 05/12/2017
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Point in time view as at 02/02/2017.
Changes to legislation:
Harbours Act 1964, Cross Heading: The decision is up to date with all changes known to be in force on or before 09 June 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 The decisionE+W+S
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
19(1)The Secretary of State shall consider—E+W+S
(a)any environmental statement supplied under paragraph 8(1) [F2and any further information by virtue of the supply of which paragraph 10A applies][F3and any further information falling within paragraph 10A(2)];
(b)the result of any consultations under paragraph 15;
(c)any opinion sent under paragraph 16(5)(b) and the result of any consultations with other EEA States under paragraph 16(6)(a);
(d)any objections made and not withdrawn; F4F5...
(da)[F6any representations made under paragraph 10(2)(f) or 10A(4)(d);]
[F7any representations made as specified in a notice published under paragraph 10 or 10A; and]
(e)the report of any person who held an inquiry and of any person appointed for the purpose of hearing an objector under paragraph 18[F8; and
(f)any written representations submitted to the Scottish Ministers by the applicant or any objector in elaboration of the application or, as the case may be, objection.]
(2)Following the consideration required by sub-paragraph (1) the Secretary of State shall decide—
(a)not to make the order applied for,
(b)to make it in the form of the draft submitted to him, or
(c)to make it with modifications.
Textual Amendments
F2Words in Sch. 3 para. 19(1)(a) inserted (E.W.) (10.3.2009) by The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 10(a) (with reg. 1(2))
F3Words in Sch. 3 para. 19(1)(a) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(i)(i), 30(3) (with s. 30(5))
F4Word in Sch. 3 para. 19(1) repealed (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(5), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2
F5Word in Sch. 3 para. 19(1)(d) omitted (E.W.) (10.3.2009) by virtue of The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 10(b) (with reg. 1(2))
F6Sch. 3 para. 19(1)(da) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(i)(ii), 30(3) (with s. 30(5))
F7Sch. 3 para. 19(1)(da) inserted (E.W.) (10.3.2009) by The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 10(c) (with reg. 1(2))
F8Sch. 3 para. 19(1) and preceding word inserted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(5), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2
20(1)This paragraph applies where the Secretary of State decides under paragraph 6(1)—E+W+S
(a)that the application relates to a project which falls within Annex I or II to the Directive, and
(b)in the case of an application relating to a project which falls within Annex II to the Directive, that the project is a relevant project.
(2)The Secretary of State shall publish [F9by Gazette and local advertisement][F10by Gazette and local advertisement] the following information—
(a)the content of the decision whether or not to make the order and any conditions attached to the decision,
(b)the main reasons and considerations on which his decision is based,
[F11(ba)details of what provision was made for public participation in the making of the decision,
(bb)a statement regarding the right to challenge the validity of the decision and the procedures for doing so,]
[F12(ba)details of what provision was made for public participation in the making of the decision,
(bb)a statement regarding the right to challenge the validity of the decision and the procedures for doing so,]
(c)a description, where necessary, of the main measures to prevent, reduce or offset the major adverse effects, and
(d)a statement that the matters referred to in paragraph 19(1) have been taken into consideration.]
Textual Amendments
F9Words in Sch. 3 para. 20(2) inserted (E.W.) (10.3.2009) by The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 11(a) (with reg. 1(2))
F10Words in Sch. 3 para. 20(2) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(j)(i), 30(3) (with s. 30(5))
F11Sch. 3 para. 20(2)(ba)(bb) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(j)(ii), 30(3) (with s. 30(5))
F12Sch. 3 para. 20(2)(ba)(bb) inserted (E.W.) (10.3.2009) by The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 11(b) (with reg. 1(2))
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