The Harbour Works (Environmental Impact Assessment) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement, for Great Britain, Council Directive 85/337/EEC (as amended by Council Directive 97/11/EC) in the assessment of the effects of certain public and private projects on the environment, in respect of certain harbour works.

Except for applications relating to harbour works made prior to 1st February 2000, Part II of these Regulations replaces the Harbour Works (Assessment of Environmental Effects) (No. 2) Regulations 1989 and amendments to them made by the Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations 1996. Similarly, except for applications for harbour revision orders or harbour empowerment orders made prior to 1st February 2000, Part III introduces Schedule 3 which replaces Schedule 3 to the Harbours Act 1964 as amended.

In Part II, regulation 4 provides for a developer who is minded to make an application relating to harbour works to be able to obtain a prior opinion on the information to be supplied in an environmental statement. Regulations 5 and 6 provide for two different procedures on such an application, depending on whether or not a prior opinion has been obtained. Regulation 7 provides for publication of notices by the developer, and regulation 8 provides for the involvement of other EEA States in transboundary cases.

There is provision for consultations and inquiries (regulation 9), the making of decisions on applications (regulation 10), the procedure where harbour works are carried out without a decision having been made (regulation 11), variation of consents (regulation 12), enforcement (regulation 13) and penalties (regulation 14).

In Part III, sections 17 and 57 of the Harbours Act 1964 are amended and Schedule 3 is introduced to replace Schedule 3 to that Act (regulation 15(4)). The following are the main amendments necessitated by the amending Directive which have been made to the existing Schedule 3.

Paragraph 4 of the new Schedule 3 provides for the Secretary of State to take into account the selection criteria (which are defined as the criteria set out in Annex III to the Directive) when deciding whether a project which appears to him to fall within Annex II to the Directive constitutes a “relevant project” as defined and an environmental assessment is therefore required. Paragraph 6(2) provides for the Secretary of State to give an opinion on the extent of the information which he considers would be required in an environmental statement.

The environmental statement to be supplied on an application for a harbour revision order must contain an outline of the main alternatives studied by the applicant and an indication of the main reasons for his choice, taking into account the environmental effects (paragraph 8(2)). The notice to be published in the Gazette by the applicant must state the Secretary of State’s decision on whether the application relates to a project which falls within Annex I to the Directive or within Annex II and is a relevant project, and state his reasons if he decides it does constitute such a project (paragraph 10(2)(b)). Paragraph 16 provides for the involvement of other EEA States in transboundary cases. Paragraph 20 expands the requirements for publicity of the Secretary of State’s decision on an application.

Regulation 15(5) introduces Schedule 4, which sets out amendments consequent upon the replacement of Schedule 3 to the Harbours Act 1964 by the Schedule set out in Schedule 3 to these Regulations.

A regulatory impact assessment is not required as the changes introduced by these Regulations will not impose any additional costs or savings and will have a negligible impact on business.