The Port of Cairnryan Harbour Empowerment Order 2007
S.S.I. 2007/308 · Made 25 May 2007
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have considered the information supplied under the said paragraph 4 of Schedule 3, the objections made and not withdrawn and the report of the person holding the inquiry and are satisfied as mentioned in section 14(2)(b) of the said Act;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
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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
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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
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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
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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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Incorporation of Harbours, Docks and Piers Clauses Act 1847
- 4Power to construct works
- 5Power to deviate
- 6Subsidiary works
- 7Power to dredge
- 8Obstruction of work
- 9Works to be deemed part of undertaking
- 10Tidal works not to be executed without approval of the Scottish Ministers
- 11Survey of tidal works
- 12Provision against danger to navigation
- 13Abatement of works abandoned or decayed
- 14Lights on tidal works during construction
- 15Permanent lights on tidal works
- 16Period for completion of works
- 17Port premises to be within area of Dumfries and Galloway Council
- Part 2: PORT REGULATION
- 18Limits of port
- 19General powers of Company in respect of port
- 20Moorings
- 21General byelaws
- 22Confirmation of byelaws
- 23General directions to vessels
- 24Publication of general directions
- 25Special directions to vessels
- 26Master’s responsibility to be unaffected
- 27Failure to comply with directions
- 28Enforcement of directions
- 29Exemptions, rebates, etc., in respect of charges
- Part 3: MISCELLANEOUS AND GENERAL
- 30Power to lease etc.
- 31Defence of due diligence
- 32Saving for Commissioners of Northern Lighthouses
- 33Crown rights
- 34Environmental requirements
- Signature
- Schedule: ENVIRONMENTAL REQUIREMENTS
- 1Environmental Statement
- Part 2: Protected properties
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 3Majority of bulk fill material to be delivered by sea
- 4Scour protection
- 5Restriction as to dredging
- Part 6: Monitoring
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 7Vehicular access
- 8Cetaceans etc.
- 9Birds
- 10Otters
- 11General
- Explanatory note