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The Port of Cairnryan Harbour Empowerment Order 2007

S.S.I. 2007/308 · Made 25 May 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HARBOURS, DOCKS, PIERS AND FERRIES

Made 25th May 2007

Coming into force in accordance with Article 1

Whereas the Port of Cairnryan Limited have applied for a harbour empowerment order under section 16 of the Harbours Act 1964f1;

And whereas the Scottish Ministersf2 having, in pursuance of paragraph 4 of Schedule 3 to the said Actf3, determined that the application is made in relation to a project which falls within Annex II to Council Directive 85/337/EECf4 on the assessment of the effects of certain public and private projects on the environment and whose characteristics require that it should be made subject to an environmental assessment, has directed the applicant to supply him with the information referred to in Annex IV to the Directive;

And whereas the Scottish Ministers have in accordance with paragraph 15 of the said Schedule, furnished bodies appearing to them to have environmental responsibilities with the information supplied to them under paragraph 8 of that Schedule and have consulted such bodies;

And whereas the Scottish Ministers have considered the information supplied under the said paragraph 4 of Schedule 3, the objections made and not withdrawn and the report of the person holding the inquiry and are satisfied as mentioned in section 14(2)(b) of the said Act;

Now, therefore, the Scottish Ministers in exercise of the powers conferred by section 16 of the said Act, and of all other powers enabling them in that behalf, hereby make the following Order:–

Annotations to the whole text

Footnotes

f1

1964 c. 40; section 16 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14, and by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 2.

f2

The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

f3

Schedule 3 was substituted by S.I. 1999/3445 as amended by S.I. 2000/2391; paragraph 18 was amended by the Transport (Scotland) Act 2005 (asp 12), section 46.

f4

O.J. No. L 175, 5.7.85, p.40; Council Directive 85/337/EEC was amended by Council Directive 97/11/EC (O.J. No. L 73, 14.3.1997, p.5).

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of Harbours, Docks and Piers Clauses Act 1847
  5. 4Power to construct works
  6. 5Power to deviate
  7. 6Subsidiary works
  8. 7Power to dredge
  9. 8Obstruction of work
  10. 9Works to be deemed part of undertaking
  11. 10Tidal works not to be executed without approval of the Scottish Ministers
  12. 11Survey of tidal works
  13. 12Provision against danger to navigation
  14. 13Abatement of works abandoned or decayed
  15. 14Lights on tidal works during construction
  16. 15Permanent lights on tidal works
  17. 16Period for completion of works
  18. 17Port premises to be within area of Dumfries and Galloway Council
  19. Part 2: PORT REGULATION
  20. 18Limits of port
  21. 19General powers of Company in respect of port
  22. 20Moorings
  23. 21General byelaws
  24. 22Confirmation of byelaws
  25. 23General directions to vessels
  26. 24Publication of general directions
  27. 25Special directions to vessels
  28. 26Master’s responsibility to be unaffected
  29. 27Failure to comply with directions
  30. 28Enforcement of directions
  31. 29Exemptions, rebates, etc., in respect of charges
  32. Part 3: MISCELLANEOUS AND GENERAL
  33. 30Power to lease etc.
  34. 31Defence of due diligence
  35. 32Saving for Commissioners of Northern Lighthouses
  36. 33Crown rights
  37. 34Environmental requirements
  38. Signature
  39. Schedule: ENVIRONMENTAL REQUIREMENTS
  40. 1Environmental Statement
  41. Part 2: Protected properties
  42. 1Paragraph 1
  43. 2Paragraph 2
  44. 3Paragraph 3
  45. 4Paragraph 4
  46. 1Paragraph 1
  47. 2Paragraph 2
  48. 3Paragraph 3
  49. 4Paragraph 4
  50. 5Paragraph 5
  51. 6Paragraph 6
  52. 7Paragraph 7
  53. 8Paragraph 8
  54. 9Paragraph 9
  55. 10Paragraph 10
  56. 11Paragraph 11
  57. 12Paragraph 12
  58. 13Paragraph 13
  59. 14Paragraph 14
  60. 15Paragraph 15
  61. 16Paragraph 16
  62. 17Paragraph 17
  63. 18Paragraph 18
  64. 19Paragraph 19
  65. 20Paragraph 20
  66. 21Paragraph 21
  67. 22Paragraph 22
  68. 23Paragraph 23
  69. 24Paragraph 24
  70. 25Paragraph 25
  71. 26Paragraph 26
  72. 27Paragraph 27
  73. 28Paragraph 28
  74. 29Paragraph 29
  75. 30Paragraph 30
  76. 31Paragraph 31
  77. 32Paragraph 32
  78. 33Paragraph 33
  79. 34Paragraph 34
  80. 35Paragraph 35
  81. 36Paragraph 36
  82. 37Paragraph 37
  83. 38Paragraph 38
  84. 39Paragraph 39
  85. 40Paragraph 40
  86. 41Paragraph 41
  87. 42Paragraph 42
  88. 43Paragraph 43
  89. 44Paragraph 44
  90. 45Paragraph 45
  91. 46Paragraph 46
  92. 47Paragraph 47
  93. 48Paragraph 48
  94. 49Paragraph 49
  95. 50Paragraph 50
  96. 51Paragraph 51
  97. 52Paragraph 52
  98. 53Paragraph 53
  99. 54Paragraph 54
  100. 55Paragraph 55
  101. 56Paragraph 56
  102. 57Paragraph 57
  103. 58Paragraph 58
  104. 59Paragraph 59
  105. 60Paragraph 60
  106. 61Paragraph 61
  107. 62Paragraph 62
  108. 63Paragraph 63
  109. 64Paragraph 64
  110. 65Paragraph 65
  111. 66Paragraph 66
  112. 67Paragraph 67
  113. 68Paragraph 68
  114. 69Paragraph 69
  115. 70Paragraph 70
  116. 71Paragraph 71
  117. 72Paragraph 72
  118. 73Paragraph 73
  119. 74Paragraph 74
  120. 75Paragraph 75
  121. 3Majority of bulk fill material to be delivered by sea
  122. 4Scour protection
  123. 5Restriction as to dredging
  124. Part 6: Monitoring
  125. 1Paragraph 1
  126. 2Paragraph 2
  127. 3Paragraph 3
  128. 7Vehicular access
  129. 8Cetaceans etc.
  130. 9Birds
  131. 10Otters
  132. 11General
  133. Explanatory note