Legalize / United Kingdom / Public General Act

Harbours Act 1964

Type Public General Act

Publication 1964-06-10

Last updated 2026-02-20

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

[^M_E_9b1318cf-ce9e-4ff5-e9de-9fea1594d20e]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^M_E_b5bd8155-20fe-4454-85c7-91ebf05a5891]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^V_S_7e30c9a8-4b4e-5c15-0e5a-ed1a85ef76d2]: Sch. 2 paras. 7A, 7B inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 9(3); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^M_E_d36dd159-22c9-409f-8100-f215546fd41e]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^M_E_4ae1f22f-acd6-4ff0-814b-982b83361da3]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^V_S_a70b9624-e067-8403-2c95-7205f7949548]: Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

[^V_S_29f40367-53ef-d676-0119-25b646fb166e]: Words in Sch. 4 para. 3(5) substituted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(a)(iv), 30(4); S.S.I. 2007/516, art. 2

[^V_S_40da2622-96ab-0a7f-e2f4-efda14e35cae]: Sch. 4 para. 3(5A) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(b), 30(4); S.S.I. 2007/516, art. 2

[^V_S_d94179f6-1789-37c9-27f1-c58b42fbe88b]: Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(4)

[^V_S_b5fd1614-8e53-47c8-e47a-dbaa13cc9f92]: Words in Sch. 4 para. 3(5) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(a)(iii), 30(4); S.S.I. 2007/516, art. 2

[^V_S_6cce9ba6-8df6-15e7-39b9-7a4e03893591]: Words in Sch. 4 para. 3(5) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(a)(i), 30(4); S.S.I. 2007/516, art. 2

[^V_S_20a2f9e9-7236-70fb-46db-837345bea0d5]: Sch. 4 para. 3(5) amended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 42(2)

[^V_S_dcda0f0c-fc5c-82a1-5465-36974fe5b48b]: Sch. 4 para. 3(2)–(4) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

[^V_S_f34c02b3-7e18-cce3-b5e1-ec5686fc7e40]: Words in Sch. 4 para. 3(5) repealed (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(a)(ii), 30(4); S.S.I. 2007/516, art. 2

[^V_S_7c7d16d2-1829-b7a7-2ad4-0e8779d923c8]: Words in Sch. 4 para. 1 substituted (S.) (3.12.2015) by Harbours (Scotland) Act 2015 (asp 13), ss. 2(3), 3

[^M_E_7fccd2bd-be69-4996-dc9c-42f7eb9ed307]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^M_E_23f716fe-a2bd-4f52-db9e-251616a8e9bb]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^key-bd9d13198c0d43f8c6a9374a5015b562]: Ss. 30, 31 applied (with modifications) (S.) (4.10.2025) by 1973 c. xvi, s. 54(2) (as substituted by The Cromarty Firth Port Authority Harbour Revision Order 2025 (S.S.I. 2025/279), arts. 1(1), 3(34))

[^key-dab4135dee418bb309abf60f831c08b7]: S. 31 applied (with modifications) (E.W.) (15.12.2025) by The Portsmouth International Port and Camber Harbour Revision Order 2025 (S.I. 2025/1223), arts. 1(1), 32 (with arts. 31, 59-61)

[^key-737ab646d9386eadc50d94e38bbefe7f]: S. 30 applied (with modifications) (E.W.) (15.12.2025) by The Portsmouth International Port and Camber Harbour Revision Order 2025 (S.I. 2025/1223), arts. 1(1), 32 (with arts. 31, 59-61)

[^key-e2bff9a689fae63cf9308bf93a710c3d]: S. 30 restricted (E.W.) (15.12.2025) by The Portsmouth International Port and Camber Harbour Revision Order 2025 (S.I. 2025/1223), arts. 1(1), 35(2) (with arts. 31, 59-61)

[^key-a9fe4daf26ff7659b903c448700d7cfe]: S. 14(1A)(c)(d) inserted (E.W.) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 1(2) (with s. 84(5)); S.I. 2025/698, art. 3(l)

[^key-1896393dfdab75ded8105141a27d555b]: S. 16(3A)(c)(d) inserted (E.W.) (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 1(3) (with s. 84(5)); S.I. 2025/698, art. 3(l)

[^key-bbe6013fb54c8cd5b0e6bddd065c7f60]: Sch. 3 para. 9A and cross-heading inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 48(4), 118(1)(z3) (with s. 116)

[^key-ad98f45a10eda8d77f497a149f54d6e5]: S. 54(7) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 48(5), 118(1)(z3) (with s. 116)

[^key-6b7b32297271260d67ba57a00d256923]: Ss. 30, 31 applied (with modifications) (E.W.) (20.2.2026) by The Lyme Regis, Bridport (West Bay) and Weymouth Harbour Revision Order 2026 (S.I. 2026/62), arts. 1(1), 10 (with arts. 30, 51, 52)

Loans for execution of harbour works, &c.

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Drainage and river authorities not to be harbour authorities for purposes of this Act if not possessing exceptional powers.

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10A

(1) Where further information is made available on an official website under paragraph 10ZB, the Secretary of State must publish, or direct another person to publish, an information notice.

(2) But the Secretary of State is not required to publish, or direct the publication of, an information notice if the Secretary of State considers that the information will be made publicly available at an inquiry or hearing under paragraph 18.

(3) An information notice must—

(a) state that the Secretary of State has received the information,

(b) specify a place where a copy of the information can, until the expiry of the period referred to in paragraph (d), be inspected at all reasonable hours,

(c) provide an address from which a copy of the information can, until the expiry of that period, be obtained and details of the amount of any charge for the provision of such a copy, and

(d) state that any person who desires to make representations in relation to the further information should do so in writing to the Secretary of State before the expiry of the period of 42 days starting with a date specified in the notice.

(4) The information notice must—

(a) be published by Gazette and local advertisement, and

(a) be published in such other ways, if any, as seem appropriate to the Secretary of State.

(5) The information notice, or a copy of it, must also—

(a) be made available by the Secretary of State on an official website, and

(b) be kept available on the website throughout the period required to ensure the effective participation of the public in the environmental impact assessment for the project to which the notice relates.

(6) Any charge imposed under sub-paragraph (3)(c) must be reasonable.

(7) The date specified in accordance with sub-paragraph (3)(d) must be the date on which the notice first appears in a local newspaper.

(8) If the Secretary of State directs a person to publish an information notice, the person must supply the Secretary of State with a copy of the notice—

(a) as soon as possible, and

(b) in any event within the period of three working days (see paragraph 10(7)) starting with the date specified in accordance with sub-paragraph (3)(d).

(9) The Secretary of State may specify the form in which, and means by which, a copy of an information notice is to be provided.

54A

(1) Subsection (4) below applies to a harbour revision order or harbour empowerment order which falls within subsection (2) below.

(2) An order falls within this subsection if—

(a) it authorises the carrying out of work which would constitute a national development; or

(b) it is the subject of a direction by the Scottish Ministers under this paragraph.

(3) In subsection (2) above and subsection (5) below, references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the time being designated under section 3A(4)(b) of that Act as a national development.

(4) The order is subject to the affirmative procedure.

(5) An order (“the new order”) which revokes, amends or re-enacts an order (“the old order”) which was subject to the affirmative procedure by virtue of subsection (4) above is subject to the procedure in that subsection only if—

(a) the new order authorises the carrying out of work which would constitute a national development (other than a national development to which the old order relates); or

(b) the Scottish Ministers so direct.

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Power to make orders delegating functions

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Delegation of certain functions

42A

(1) The relevant authority may by order provide for such of the delegable functions as are designated in the order to be exercisable by such person as is designated in the order.

(2) An authority may make an order under subsection (1) only with the consent of the person designated in it (“the delegate”).

(3) The delegate—

(a) must comply with the order, and

(b) is to be taken to have all the powers necessary to do so.

(4) For so long as an order under subsection (1) remains in force, the functions designated in the order—

(a) are exercisable by the delegate acting on behalf of the authority, and

(b) are not exercisable by the authority.

This subsection is subject to subsections (5) and (6).

(5) The delegate must obtain the consent of the relevant authority before exercising any function under—

(a) section 15;

(b) section 15A;

(6) Subsection (4)(b) does not apply to any function under—

(a) section 15;

(b) section 15A;

(7) If a function is, by virtue of an order under subsection (1), exercisable by a person, any reference in this Act to the relevant authority is to be read, so far as relating to that function or the exercise of it, as a reference to that person.

(7A) Subsection (7) does not apply to a reference in paragraph 20A of Schedule 3 to the Secretary of State or the Welsh Ministers.

(8) An order under subsection (1) may make different provision for different cases, different areas or different persons.

(9) The delegable functions are functions under the following sections—

(a) section 14 (making harbour revision orders, except as mentioned in paragraph (b) below);

(b) section 15 (making harbour revision orders for limited purposes for securing harbour efficiency);

(d) section 16 (making harbour empowerment orders);

(e) section 18 (confirming or making harbour reorganisation schemes);

(f) section 60 (making orders amending Acts of local application).

(10) In this section “the relevant authority”, in relation to any delegable function, means the authority by whom (apart from any order under subsection (1)) the function is exercisable.

42B

(1) This section applies where any functions are exercisable by or in relation to a person by virtue of an order made under section 42A by a relevant authority.

(2) The authority may from time to time give directions to the person with respect to the performance of the functions.

(3) A person to whom directions are given under this section must comply with the directions.

(4) An authority which gives a direction under this section must publish the direction in a manner likely to bring the direction to the attention of persons likely to be affected by it.

42C

(1) This section applies to any harbour revision order or harbour empowerment order which makes provision excluding, modifying or repealing—

(a) any provision of the Marine and Coastal Access Act 2009 in so far as it applies to Wales;

(b) any instrument made under that Act by the Welsh Ministers;

(2) This section also applies to any harbour reorganisation scheme which makes provision repealing or amending any statutory provision of local application made by the Welsh Ministers.

(2A) The references in subsections (1)(c) and (2) to a statutory provision of local application do not include a harbour revision order, a harbour empowerment order or a harbour reorganisation scheme.

(3) The Secretary of State must notify the Welsh Ministers of any intention to make an order or scheme to which this section applies.

(4) The order or scheme must not include any provision falling within subsection (1) or, as the case may be, (2) if, within the prescribed period beginning with the date of the notification under subsection (3), the Welsh Ministers refuse their consent to the inclusion of that provision in the order or scheme.

(5) In this section “prescribed period” means such period as is prescribed in an order made by the Secretary of State for the purposes of this section.

42D

(1) This section applies to any harbour revision order or harbour empowerment order which makes provision excluding, modifying or repealing—

(a) any provision of the Marine and Coastal Access Act 2009 in so far as it applies to England;

(b) any instrument made under that Act by the Secretary of State;

(2) This section also applies to any harbour reorganisation scheme which makes provision repealing or amending any statutory provision of local application made by the Secretary of State.

(2A) The references in subsections (1)(c) and (2) to a statutory provision of local application do not include a harbour revision order, a harbour empowerment order or a harbour reorganisation scheme.

(3) The Welsh Ministers must notify the Secretary of State of any intention to make an order or scheme to which this section applies.

(4) The order or scheme must not include any provision falling within subsection (1) or, as the case may be, (2) if, within the prescribed period beginning with the date of the notification under subsection (3), the Secretary of State refuses consent to the inclusion of that provision in the order or scheme.

(5) In this section “prescribed period” means such period as is prescribed in an order made by the Secretary of State for the purposes of this section.

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Harbour closure orders

Content of closure order

17A

(1) The Secretary of State may make an order under this section in respect of a harbour (a “closure order”)—

(a) on the application of the harbour authority,

(b) with the consent of the harbour authority, or

(2) The Secretary of State must publish guidance about the circumstances in which a closure order will be made. The guidance—

(a) must require the Secretary of State to have regard to the underlying purpose, and

(b) must be reviewed and (if appropriate) revised from time to time.

(3) In this section—

(a) “the underlying purpose” means the purpose of permitting or requiring harbour authorities to cease to maintain harbours which are no longer commercially viable or necessary;

(b) “the harbour authority” in relation to a harbour means any harbour authority which has statutory duties to manage, maintain or improve the harbour.

17B

(1) A closure order must relieve the harbour authority of—

(a) all statutory functions in respect of the harbour, or

(b) specified statutory functions in respect of the harbour.

(2) A closure order may transfer specified functions of the harbour authority to a specified body (with the body's consent).

(3) A closure order must include transitional provision about the cessation of the harbour authority's functions (including provision about rights and liabilities in relation to the performance of functions before the closure order takes effect).

(4) A closure order may—

(a) permit or require the harbour authority to carry out works in respect of the harbour;

(b) permit the Secretary of State to carry out works in respect of the harbour;

(d) confer on the harbour authority or the Secretary of State power to acquire (whether by agreement or compulsorily) land described in the order as the site of works to be carried out under paragraph (a) or (b).

17C

(1) A closure order may include provision for the transfer of property, rights and liabilities of the harbour authority.

(2) In particular, a closure order may include provision—

(a) transferring things that would otherwise not be capable of being transferred;

(b) creating interests, rights or liabilities in relation to things transferred or in connection with a transfer;

(d) about the transfer of rights and liabilities in relation to employment (including provision for deemed continuity);

(e) about pension schemes (including provision for amending schemes, winding them up, transferring their administration, and saving rights existing before a transfer takes effect);

(f) terminating appointments;

(g) for compensation for loss of employment (or office).

(3) A closure order may include provision—

(a) extinguishing liabilities to the Secretary of State;

(b) about the winding up of the harbour authority's affairs;

(d) about the dissolution of the harbour authority.

(4) A provision of a closure order transferring property, rights or liabilities may—

(a) make the transfer subject to a condition (such as the grant of an interest in favour of a third party), and

(b) include provision about the effect of failure to comply with the condition.

(5) Provision under this section may confer a function on the Secretary of State.

17D

(1) Part 1 of Schedule 3 has effect in relation to closure orders as in relation to harbour revision orders.

(2) In relation to closure orders made otherwise than on the application of the harbour authority Part 1 of Schedule 3 has effect with any necessary modifications, in particular—

(a) ignore paragraphs 3, 4A, 4B(2), 4C(2), 5(2), 6(2)(a) and (c), (3) and (4), 7, 8A, 9, 10(6) to (8), 13 and 14,

(b) treat a reference to the applicant as a reference to the Secretary of State,

(d) treat a reference to being notified of a proposed application as a reference to proposing to make an order, ...

(e) paragraph 4B applies as if for sub-paragraph (1) there were substituted—

(1) The Secretary of State must make a screening decision in respect of the proposed order— (a) as soon as possible, and (b) in any event within the period of 90 days beginning with the day on which the Secretary of State has all of the information needed to make the decision.

(f) paragraph 8 applies if the Secretary of State decides that the order would relate to a project which requires an environment impact assessment, in which case—

(i) the Secretary of State, having consulted bodies with environmental responsibilities, must arrange for the preparation of an environmental statement by competent experts,

(ii) the environmental statement must include the information specified in sub-paragraphs (2)(b) and (3) (and may include other information),

(iii) the environmental statement must take into account the results of any relevant environmental assessment which are reasonably available to the Secretary of State, and

(iv) the environmental statement must include a statement setting out the relevant expertise or qualifications of the experts who prepared the environmental statement,

(g) where paragraph 8 applies, treat a reference to an environmental statement supplied under paragraph 8(1)(a) as a reference to the environment statement prepared on behalf of the Secretary of State, and

(h) paragraph 10ZA applies if the Secretary of State decides that the order would relate to a project which requires an environmental impact assessment, in which case, treat a reference to the notice received under paragraph 10(6) as a reference to the notice published under paragraph 10(1).

(3) Section 44 applies in relation to closure orders as in relation to harbour revision orders.

17E

(1) In relation to harbours that are wholly in Wales, other than reserved trust ports—

(a) the power to make closure orders vests in the Welsh Ministers, and

(b) a reference in this group of sections to the Secretary of State is to be treated as a reference to the Welsh Ministers.

(1A) Before making a closure order that transfers functions to a harbour authority for a harbour that is wholly or partly in England or a reserved trust port, the Welsh Ministers must obtain the consent of the Secretary of State.

(2) In relation to harbours in Scotland—

(a) the power to make closure orders vests in the Scottish Ministers,

(b) a reference in this group of sections to the Secretary of State is to be treated as a reference to the Scottish Ministers, and

(c) the reference in section 17D(1) to Schedule 3 is a reference to that Schedule as it has effect in relation to Scotland.

17F

(1) A closure order may include incidental, consequential, transitional or saving provisions.

(2) In particular, a closure order—

(a) may amend, repeal or revoke an enactment of local application, and

(b) may disapply or modify the application of any other enactment.

(3) A closure order—

(a) may make provision generally or only for specified purposes, and

(b) may make different provision for different purposes.

Harbour directions

40A

(1) A designated harbour authority may give directions (“harbour directions”) in respect of ships—

(a) within their harbour, or

(b) entering or leaving their harbour.

(2) A harbour direction may relate to—

(a) the movement of ships;

(b) mooring or unmooring;

(d) the manning of ships.

(3) A harbour direction may require the master of a ship to provide information to a specified person in a specified manner.

(4) “Designated harbour authority” means—

(a) a harbour authority for a harbour that is wholly in Wales other than a reserved trust port who are designated by order of the Welsh Ministers,

(b) a harbour authority for any other harbour in England or Wales who are designated by order of the Secretary of State, and

(5) A harbour direction is subject to any direction under section 52 of the Harbours, Docks and Piers Clauses Act 1847 (directions by harbour master).

(6) A harbour authority may not give a harbour direction which conflicts with an enactment.

(7) An order designating a harbour authority may amend or repeal any statutory provision of local application which the person making the order thinks is—

(a) inconsistent with the power to give harbour directions, or

(b) unnecessary as a result of the power.

40B

(1) Harbour directions must be in writing.

(2) Before giving harbour directions a harbour authority must consult such representatives of users of the harbour as the authority think appropriate.

(3) A harbour authority must make such arrangements as they think appropriate for publicising a proposed harbour direction for at least 28 days before it is given.

(4) A harbour authority must—

(a) make harbour directions available for inspection, and

(b) supply a copy to anyone who requests it.

(5) A harbour authority may charge for the supply of copies.

(6) As soon as is reasonably practicable after giving a harbour direction the harbour authority must publish a notice in a newspaper specialising in shipping news—

(a) stating that a harbour direction has been given, and

(b) giving details of the arrangements for the inspection and supply of copies of harbour directions.

40C

(1) The master of a ship must ensure that harbour directions are complied with.

(2) Breach of subsection (1) without reasonable excuse is an offence.

(3) A person guilty of the offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

40D

(1) Harbour directions—

(a) may make provision that applies generally or only in relation to specified circumstances, areas, periods or descriptions of ship, and

(b) may make different provision for different circumstances, areas, periods or descriptions of ship.

(2) Harbour directions may be varied or revoked by subsequent harbour directions.

(3) In section 40A—

“mooring” includes casting anchor, and

“unmooring” includes weighing anchor.

Directions as to performance of delegated functions

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2A

(1) For purposes of this Part, the effects of a project on the environment include—

(a) any effects on the environment which arise (directly or indirectly) from the operational phase of the project;

(b) any expected effects on the environment which derive (directly or indirectly) from the vulnerability of the project to risks of major accidents or disasters.

(2) References to the adverse, likely or significant effects of a project on the environment are to be read accordingly

4A

(1) The Secretary of State may direct a person to provide the Secretary of State with such further information as the Secretary of State requires for the purpose of making a screening decision.

(2) A direction under sub-paragraph (1) must be given before the end of the period of 90 days beginning with the day on which the Secretary of State is notified of the proposed application under paragraph 3(1)(a).

(3) A direction under sub-paragraph (1) must be in writing and must—

(a) specify the further information to be provided by the proposed applicant, and

(b) state that, in accordance with paragraph 4B, the period within which the Secretary of State is required to make the screening decision will begin with the day on which all of the specified information has been provided by the proposed applicant.

4B

(1) The Secretary of State must make a screening decision in respect of a proposed application—

(a) as soon as possible after the day on which the Secretary of State is notified of the proposed application under paragraph 3(1)(a), and

(b) in any event within the period of 90 days beginning with that day.

(2) But if the Secretary of State gives a direction under paragraph 4A(1) to the proposed applicant, the screening decision in respect of the proposed application is to be made—

(a) as soon as possible after the day on which all of the information specified in the direction has been provided by the proposed applicant, and

(b) in any event within the period of 90 days beginning with that day.

(3) This paragraph is subject to paragraph 4C.

4C

(1) The Secretary of State, if satisfied that it is appropriate to do so by reason of exceptional circumstances relating to a project (including circumstances relating to the nature, complexity, location or size of the project), may extend the period specified in paragraph 4B(1)(b) or (2)(b).

(2) If the Secretary of States extends the relevant period, the Secretary of State must inform the proposed applicant, in writing, of—

(a) the reasons for the extension, and

(b) the date by which the Secretary of State expects to make the screening decision.

8A

(1) The Secretary of State must, where necessary, direct an applicant who makes an EIA application to supply the Secretary of State with any information of a type specified in Annex IV to the EIA Directive which is not included in the environmental statement but which—

(a) is directly relevant to the reaching of a reasoned conclusion, and

(b) having regard to current knowledge and methods of assessment, can reasonably be compiled by the applicant.

(2) The applicant must supply the Secretary of State with such number of copies of the information as is specified in the direction.

(3) For the purposes of sub-paragraph (1), it does not matter whether the information requested is specified in the opinion under paragraph 6(2)(c).

(4) A direction under sub-paragraph (1) must specify the information to be supplied.

(5) A direction under sub-paragraph (1) or (2) may specify the form in which, or means by which, the information is, or copies of the information are, to be provided (and may specify different forms or means for different documents).

Co-ordination of environmental impact assessment and other assessments

8B

If in respect of a project there is—

(a) a requirement to carry out an environmental impact assessment, and

(b) a requirement to carry out an assessment under the law of any part of the United Kingdom giving effect to the Habitats Directive or the Wild Birds Directive,

the Secretary of State must ensure that the assessments are co-ordinated.

10ZA

(1) If the Secretary of State receives a copy of a notice from an applicant under paragraph 10(6), the Secretary of State must—

(a) make the specified documents available for inspection on an official website as soon as reasonably practicable after the Secretary of State receives the copy, and

(b) keep the documents available on the website throughout the period required to ensure the effective participation of the public in the environmental impact assessment.

(2) A failure to make the documents available throughout the period specified in sub-paragraph (1)(b) is to be disregarded if—

(a) the specified documents were available on the official website for part of that period, and

(b) the failure is wholly attributable to circumstances that it would not be reasonable to expect the Secretary of State to prevent or avoid.

(3) The specified documents are—

(a) the copy of the notice,

(b) a copy of the draft order to which the notice relates,

(d) a copy of any map which accompanied the application to which the notice relates.

(4) If the size or form of a specified document means that it is not practicable for the document to be made available on the official website—

(a) the Secretary of State must state on the website how a copy of the document may be obtained, and

(b) where the Secretary of State does so—

(i) the requirement in sub-paragraph (1)(a) as it applies in relation to the document is taken to be satisfied, and

(ii) the requirement in sub-paragraph (1)(b) applies to the statement.

10ZB

(1) This paragraph applies if an applicant makes an EIA application and before the Secretary of State makes a decision under paragraph 19(6) in relation to the application—

(a) the applicant supplies the Secretary of State with information in accordance with a direction under paragraph 8A(1)(a), or

(b) the applicant or any other person supplies the Secretary of State with information which the Secretary of State is satisfied must be considered in order to assess properly the significant effects of the project on the environment.

(2) The Secretary of State must—

(a) make the information available on an official website as soon as reasonably practicable after the Secretary of State receives it, and

(b) keep the information available on the website throughout the period required to ensure the effective participation of the public in the environmental impact assessment.

(3) A failure to make the further information available throughout the period specified in sub-paragraph (2)(b) is to be disregarded if—

(a) the information was available on the official website for part of that period, and

(b) the failure is wholly attributable to circumstances that it would not be reasonable to expect the Secretary of State to prevent or avoid.

(4) If the size or form of any further information means that it is not practicable for it to be made available on the official website—

(a) the Secretary of State must state on the website how a copy of the information may be obtained, and

(b) where the Secretary of State does so—

(i) the requirement in sub-paragraph (2)(a) as it applies in relation to the information is taken to be satisfied, and

(ii) the requirement in sub-paragraph (2)(b) applies to the statement.

Reasoned conclusion about environmental impact

18A

(1) This paragraph applies where an EIA application is made.

(2) The Secretary of State must consider—

(a) the environmental statement relating to the project,

(b) any information supplied in pursuance of a direction under paragraph 8A in relation to the project,

(d) the results of any consultations under paragraph 15 or 16(6)(a) in relation to the project,

(e) any opinion about the project which is sent under paragraph 16(5)(b),

(f) any relevant objections made about the project and not withdrawn,

(g) any relevant representations about the project made in accordance with a notice published under paragraph 10 or 10A,

(h) where an inquiry or hearing relating to the project is held under paragraph 18, any relevant report of the person who held the inquiry or person appointed for the purpose of hearing the objector, or any relevant part of such a report, and

(i) any features of the project or measures envisaged to avoid, prevent or reduce, and, if possible, offset any likely significant adverse effects of the project on the environment.

(3) For the purposes of sub-paragraph (2), an objection, representation, report or part of a report is “relevant” if it concerns the likely significant effects of the project on the environment.

(4) Following the consideration required by sub-paragraph (2), the Secretary of State must reach a reasoned conclusion about the likely significant effects of the project on the environment.

(5) The Secretary of State must obtain such expert advice as appears to the Secretary of State to be necessary for the purposes of considering the environmental statement.

19A

(1) The Secretary of State must make a decision under paragraph 19(6) in respect of an EIA application only if satisfied that the reasoned conclusion relating to that application is up to date.

(2) A reasoned conclusion is to be taken to be up to date if, in the opinion of the Secretary of State, it addresses the likely significant effects of the project on the environment.

(3) The Secretary of State may decide to modify an order to include a monitoring measure only if satisfied that the type of parameters which will be required to be monitored and the duration of such monitoring are proportionate having regard to—

(a) the nature, location and size of the project, and

(b) the significance of the effects of the project on the environment.

19B

The Secretary of State must make the decision required by paragraph 19(6) in respect of an EIA application within a reasonable period of time (having regard to the nature and complexity of the application and the project to which it relates) beginning with the day on which the Secretary of State has all the information needed to make that decision.

Defence projects: exemption from environmental impact assessment

20A

(1) The Secretary of State may direct that an environmental impact assessment is not required for a project if satisfied that—

(a) the sole purpose of the project is national defence, and

(b) carrying out the assessment would have an adverse effect on the fulfilment of that purpose.

(2) The Secretary of State must, as soon as reasonably practicable, send a copy of a direction given under sub-paragraph (1)—

(a) to the Scottish Ministers, if the application for a harbour revision order authorising the project is required to be made to the Scottish Ministers;

(b) to the Welsh Ministers, if the application for a harbour revision order authorising the project is required to be made to the Welsh Ministers;

(c) to a person designated by an order made under section 42A(1), if the application for a harbour revision order authorising the project is required to be made to that person.

Civil emergencies: exemption from environmental impact assessment

20B

The Secretary of State may direct that an environmental impact assessment is not required for a project if satisfied that—

(a) the sole purpose of the project is the response to a civil emergency, and

(b) carrying out the assessment would have an adverse effect on the fulfilment of that purpose.

Exemption from environmental impact assessment in exceptional circumstances

20C

(1) The Secretary of State may direct that an environmental impact assessment is not required for a project if satisfied that—

(a) it is appropriate to do so by reason of exceptional circumstances,

(b) carrying out the assessment would have an adverse effect on the fulfilment of the purpose of the project,

(d) the project is unlikely to have significant effects on the environment in an EEA State.

(2) Before giving a direction under sub-paragraph (1), the Secretary of State must consider whether another form of assessment of the effects of the project on the environment would be appropriate.

(3) The Secretary of State must—

(a) as soon as reasonably practicable, make a copy of any direction given and a statement of the reasons for which it is given available for inspection on an official website,

(b) publish the results of any other assessment considered appropriate for the purposes of sub-paragraph (2), and

(c) keep the copy of the direction and the results (if any) available on the website throughout the period of three months beginning with the day on which the information is first made available on the website in accordance with this paragraph.

(4) A failure to make information available throughout the period specified in sub-paragraph (3)(c) is to be disregarded if—

(a) the information was available on the official website for part of that period, and

(b) the failure is wholly attributable to circumstances that it would not be reasonable to expect the Secretary of State to prevent or avoid.

(4) If the Secretary of State gives a direction under sub-paragraph (1), paragraph 19 applies in relation to the relevant application as if the matters listed in sub-paragraph (4) of that paragraph included any results published under sub-paragraph (3)(b) of this paragraph.

Deferral of environmental impact assessment: direction and effect of direction

20D

(1) The Secretary of State may give a deferral direction in respect of a project which requires an environmental impact assessment if satisfied that—

(a) an assessment of the effects of the project on the environment, or any activity to be carried out in the course of it, has been, is being or will be carried out by a consenting authority, and

(b) the assessment comprises, or will comprise, the steps set out in paragraphs (a) to (d) of the definition of “environmental impact assessment” in paragraph 1 in respect of the project.

(2) In this paragraph, “consenting authority”, in relation to a project or an activity, means an authority (including the Secretary of State) whose consent to, or authority for, the project or the activity is required under an enactment (other than this Act).

(3) The Secretary of State must—

(a) as soon as reasonably practicable, make a copy of any deferral direction given and a statement of the reasons for which it is given available on an official website, and

(b) keep the copy of the direction and statement available throughout the period required to ensure the effective participation of the public in the environmental impact assessment.

(4) A failure to make a copy of a deferral direction or statement available throughout the period specified in sub-paragraph (3)(b) is to be disregarded if—

(a) the copy was available on the official website for part of that period, and

(b) the failure is wholly attributable to circumstances that it would not be reasonable to expect the Secretary of State to prevent or avoid.

(5) The effect of a deferral direction is set out in paragraphs 20E to 20G.

20E

(1) If a deferral direction is given in respect of a project (referred to in this Part as a “deferred project”), the following provisions of this Part of this Schedule do not apply in relation to an application for a harbour revision order authorising the deferred project—

(a) paragraph 6(2)(c);

(b) paragraphs 8 to 8B;

(d) paragraph 10(6) to (8);

(e) paragraphs 10ZA to 10A;

(f) paragraph 15, in so far as it requires consultation about the likely effects of the project on the environment;

(g) paragraph 16;

(h) paragraph 18A;

(i) paragraphs 19A and 19B.

(2) Paragraph 19 applies to an application for a harbour revision order authorising a deferred project but as if—

(a) the matters the Secretary of State is required to consider under sub-paragraph (1) were the specified matters, and

(b) the reference to paragraph 19A in sub-paragraph (7) were a reference to paragraph 20F(1).

(3) The specified matters are—

(a) the conclusion on the significant effects of the deferred project on the environment reached by the consenting authority following the assessment mentioned in paragraph 20D(1)(a);

(b) to the extent they were not taken into account for the purposes of that conclusion, any objections made and not withdrawn;

(d) any comments made by the consenting authority about the deferred project or any activity to be carried on during the course of the project;

(e) if consent or authorisation has been granted by the consenting authority—

(i) any conditions attached to the consent or authorisation which relate to the significant effects of the deferred project on the environment;

(ii) any description of any features of the deferred project or any measures envisaged to avoid, prevent or reduce and, if possible, offset any significant adverse effects of the project on the environment;

(iii) any measures considered appropriate by the consenting authority for the purpose of monitoring the significant adverse effects of the deferred project on the environment;

(f) if the Secretary of State is minded to make the order applied for, whether monitoring of the significant adverse effects of the deferred project on the environment is appropriate, and if so—

(i) whether it is necessary to modify the order to include a monitoring measure, and

(ii) whether to include provision in the order for potential remedial action;

(g) if the application relates to a deferred project which is to be carried out in Scotland, any written representations submitted to the Scottish Ministers by the applicant in elaboration of the application or by an objector in elaboration of an objection.

(4) For the purpose of determining whether it is appropriate to impose a monitoring measure, the Secretary of State must have regard to any existing monitoring arrangements which are carried out in accordance with an obligation under the law of any part of the United Kingdom (other than a provision implementing the EIA Directive).

20F

(1) The Secretary of State may make an order authorising a deferred project only if satisfied that—

(a) the conclusion mentioned in paragraph 20E(3)(a) is up to date, and

(b) making the order in the form of the draft submitted with the application, or with modifications, would be compatible with the decision made by the consenting authority following the assessment mentioned in paragraph 20D(1)(b).

(2) A conclusion is to be taken to be up to date for the purposes of sub-paragraph (1)(a) if, in the opinion of the Secretary of State, it addresses the likely significant effects of the project on the environment.

(3) The Secretary State must consult the consenting authority if satisfied that it is appropriate to do so for the purposes of sub-paragraph (1)(b).

20G

The Secretary of State must make the decision required by paragraph 19(6) in respect of an application for an order authorising a deferred project within a reasonable period of time (having regard to the nature and complexity of the application and the project to which it relates) beginning with the day on which the Secretary of State has all the information needed to make that decision.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1A

In this Part of this Schedule, references to provisions of the EIA Directive are to be read as if—

(a) in Annex III—

(i) in point 2(c)(v) the reference to Member States were a reference to the Secretary of State;

(ii) in point 2(c)(vi) the reference to Union legislation were a reference to retained EU law;

(b) in Annex IV—

(i) in the text following point 5(g) the words “established at Union or Member State level” were omitted;

(ii) in point 8 the following were substituted for the second sentence—

Relevant information available and obtained through risk assessments pursuant to assimilated law, such as any law of any part of the United Kingdom which implemented Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom, or relevant assessments undertaken under other domestic legislation may be used for this purpose provided that the requirements of any law of any part of the United Kingdom which implemented this Directive are met.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to make closure order

Directions

Power to make orders delegating functions

Drainage and river authorities not to be harbour authorities for purposes of this Act if not possessing exceptional powers.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fees

9A

(1) The Secretary of State may, by regulations, provide for fees to be payable by applicants for harbour revision orders.

(2) Such regulations may—

(a) provide for the amount of a fee to be determined by a method laid down in the regulations;

(b) empower or require the Secretary of State not to take steps in relation to an application if a fee is not paid on time;

(c) provide for the payment of a deposit on account of a fee that will or may become payable (in which case paragraphs (a) and (b) apply to the deposit as they apply to the fee);

(d) make incidental or supplemental provision;

(e) make different provision for different purposes.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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