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3. This Part applies to harbour works below the low water mark of medium tides, being works which are—
(a)not subject to planning control pursuant to the Town and Country Planning Act 1990(1) or the Town and Country Planning (Scotland) Act 1997(2) or pursuant to orders made in exercise of powers conferred by the said Acts;
(b)not specifically described in or authorised to be carried out by a harbour revision order made pursuant to section 14 of the Harbours Act 1964, a harbour empowerment order made pursuant to section 16 of the Harbours Act 1964 or by a provisional order;
(c)not specifically described in or authorised to be carried out by any enactment conferring powers to carry out works at a harbour;
(d)not authorised by an order under section 3 of the Transport and Works Act 1992(3);
(e)not the subject of a consent granted by the Crown Estate Commissioners under the Environmental Assessment (Salmon Farming in Marine Waters) Regulations 1988(4); and
(f)not the subject of a consent granted by the Crown Estate Commissioners under the Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999(5).
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