Paragraph 5 Licence decision, notification and publication

(1)

In reaching a licence decision, the Secretary of State must—

(a)

have regard to—

(i)

the OTL application;

(ii)

any further information provided by the harbour authority pursuant to a notification under paragraph 3;

(iii)

any representations received in accordance with the letter referred to in paragraph 4(2)(c); and

(iv)

any representations received in accordance with the statement referred to in paragraph 4(5)(f); and

(b)

take into account the direct and indirect effects of the proposed cargo transfers on—

(i)

human beings, fauna and flora;

(ii)

soil, water, air, climate and the landscape;

(iii)

material assets and the cultural heritage; and

(iv)

the interaction between any two or more of the things mentioned in sub-paragraphs (i) to (iii).

(2)

The Secretary of State must send written confirmation of the licence decision to—

(a)

the harbour authority;

(b)

any consultation body which responded to the consultation in accordance with the letter referred to in paragraph 4(2)(c); and

(c)

any person from whom the Secretary of State received representations in accordance with the statement referred to in paragraph 4(5)(f).

(3)

The written confirmation must include—

(a)

the main reasons and considerations on which the licence decision was based, including any opinion of the European Commission on matters of overriding public interest obtained under paragraph 3(5) of Schedule 1;

(b)

if the licence decision involves granting the oil transfer licence, a description of any measures that must be taken in consequence of the grant to avoid or reduce, and where possible offset, any environmental effects of the cargo transfers; and

(c)

such maximum duration of the oil transfer licence, if any, as the Secretary of State considers appropriate.

(4)

The Secretary of State must ensure, as soon as possible after written confirmation is sent to the harbour authority pursuant to sub-paragraph (2)(a), that the licence decision is publicised in such manner as the Secretary of State considers appropriate.