The Harbour Works (Environmental Impact Assessment) Regulations 1999

Applications or notices relating to harbour works where a prior opinion has been given

5.—(1) This regulation shall apply where an application or notice of one of the following descriptions is made or given in relation to harbour works to which this Part applies—

(a)an application for consent to the carrying out of operations pursuant to section 34 of the Coast Protection Act 1949(1);

(b)notice from a harbour authority pursuant to regulations made under section 37 of the Merchant Shipping Act 1988(2) that application has been made for a licence to carry out operations;

(c)an application for the approval of any such work as is referred to in section 35(1)(g) of the Coast Protection Act 1949; or

(d)an application for approval required to be obtained in relation to any work (other than work specifically described or authorised as mentioned in regulation 3(b) or (c)) under any provision of—

(i)a local Act;

(ii)a harbour revision order made pursuant to section 14 of the Harbours Act 1964; or

(iii)a harbour empowerment order made pursuant to section 16 of that Act, not requiring consent under section 34 of the Coast Protection Act 1949;

and an opinion has been given to the developer under regulation 4(1) that the appropriate Authority would consider that such an application or notice relating to the same, or substantially the same proposed works, would relate in whole or in part to harbour works to which this Part applies.

(2) (a) Where an application of a description referred to in paragraph (1)(d)(i) is made and the approval required to be obtained is not the approval of the appropriate Authority—

(i)the developer shall notify the appropriate Authority of the application, and

(ii)the approval shall not be granted and the developer shall not commence the proposed harbour works, unless paragraph (3) or (7) applies or the appropriate Authority consents to the carrying out of the proposed harbour works under regulation 10(2).

(b)In any other case to which this regulation applies, the developer shall not commence the proposed harbour works unless paragraph (3) or (7) applies or the appropriate Authority consents thereto under regulation 10(2).

(3) Where it appears to the appropriate Authority that the proposed harbour works do not constitute a project falling within Annex I or II to the Directive, it shall in writing notify its decision to the developer and, in a case where a notice referred to in paragraph (1)(b) has been given, to the harbour authority, and subject to paragraph (6) it shall take no further action on the application or notice pursuant to this Part.

(4) Where it appears to the appropriate Authority that the proposed harbour works constitute a project falling within Annex I to the Directive—

(a)it shall in writing notify its decision and the reasons for its decision to the developer and, in a case where a notice has been given under paragraph (1)(b), the harbour authority, and

(b)paragraphs (9) and (10) shall apply.

(5) Where it appears to the appropriate Authority that the proposed harbour works constitute a project falling within Annex II to the Directive—

(a)it shall determine whether, taking into account the selection criteria, the works constitute a relevant project,

(b)it shall in writing notify its decision to the developer and, in a case where a notice referred to in paragraph (1)(b) has been given, to the harbour authority, and

(c)where it determines that, taking into account the selection criteria, the works constitute a relevant project, it shall in writing notify the reasons for its decision, to—

(i)the developer, and

(ii)in a case where a notice referred to in paragraph (1)(b) has been given, the harbour authority.

(6) The appropriate Authority shall make available for public inspection at all reasonable hours at a place within the locality of the harbour where the harbour works are proposed to be carried out, a copy of—

(a)its decision under paragraph (3), (4) or (5)(a), and

(b)any accompanying statement of reasons under paragraph (4) or (5)(c).

(7) Where the appropriate Authority determines pursuant to paragraph (5)(a) that the works do not constitute a relevant project, then subject to the provisions of paragraphs (5) and (6) it shall take no further action on the application or notice pursuant to this Part.

(8) Where the appropriate Authority determines pursuant to paragraph (5)(a) that the works constitute a relevant project, paragraphs (9) to (11) shall apply.

(9) Where this paragraph applies, the appropriate Authority shall direct the developer to supply it with an environmental statement in such form as it may specify.

(10) Subject to paragraph (11), the appropriate Authority may require the developer to supply it with specified information in addition to the information specified in the opinion given to the developer pursuant to regulation 4(1)(b) in relation to the same, or substantially the same, proposed harbour works as are referred to in the application or notice.

(11) The appropriate Authority may specify information under paragraph (10) only if it is information of a type set out in Schedule 1 and the appropriate Authority considers that—

(a)it is relevant to its decision under regulation 10 and to the specific characteristics of the proposed harbour works to which the application or notice relates and to the environmental features likely to be affected; and

(b)(having regard inter alia to current knowledge and methods of assessment) the developer may reasonably be required to compile the information.