The Aberdeen Harbour Revision Order 2016

JurisdictionUK Non-devolved
CitationSSI 2016/414

2016 No. 414

HARBOURS, DOCKS, PIERS AND FERRIES

The Aberdeen Harbour Revision Order 2016

Made 7thDecember 2016

Coming into force 8thDecember 2016

The Scottish Ministers (‘the Ministers’) make the following Order in exercise of the powers conferred by section 14(1) and (3) of the Harbours Act 1964(1) and all other powers enabling them to do so.

In accordance with section 14(1) of that Act, this Order is made in relation to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, for achieving objects specified in schedule 2 of that Act(2).

In accordance with section 14(2) of that Act—

(a) this Order is made following a written application to the Ministers by the Aberdeen Harbour Board (‘the applicant’) being the authority engaged in improving, maintaining or managing the harbour; and

(b) the Ministers are satisfied that the making of this Order is desirable in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner and facilitating the efficient and economic transport of goods or passengers by sea.

In accordance with paragraph 4 of schedule 3 of that Act(3), the Ministers have decided that part of the application relates to a project which falls within Annex I to Directive 2011/92/EU(4) of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment.

In accordance with paragraph 6 of that schedule, the Ministers have—

(a) informed the applicant of that decision and the reasons for it; and

(b) given an opinion to the applicant about the extent of the information referred to in Annex IV to that Directive which the applicant would be required to supply in the environmental statement and—

(i) in giving that opinion the Ministers have taken into account the matters in subparagraph (3) of that paragraph; and

(ii) before giving that opinion the Ministers have, in accordance with sub-paragraph (4) of that paragraph, consulted the applicant and such bodies with environmental responsibilities as the Ministers thought appropriate.

In accordance with paragraph 8 of that schedule, the Ministers have directed the applicant to supply them with an environmental statement and, as required by paragraph 9 of that schedule, the applicant has complied with that direction.

Notices have been published by the applicant in accordance with the requirements of paragraphs 10 and 10A of that schedule.

In accordance with paragraph 15 of that schedule, the Ministers have—

(a) consulted; and

(b) sent the environmental statement and any further information falling within paragraph 10A(2) of that schedule to,

such bodies who were likely to have an interest in the project by reason of their environmental responsibilities as the Ministers thought appropriate.

The provisions of paragraph 17 of that schedule have been satisfied.

In accordance with paragraph 19(1) of that schedule, the Ministers have considered—

(a) the environmental statement and the further information falling within paragraph 10A(2) of that schedule;

(b) the result of the consultations under paragraph 15 of that schedule;

(c) any objections made and not withdrawn;

(d) any representations made under paragraph 10(2)(f) or 10A(4)(d) of that schedule; and

(e) any written representations submitted to the Ministers by the applicant or any objector in elaboration of the application or, as the case may be, objection.

In accordance with paragraph 19(2) of that schedule, the Ministers have decided to make this Order with modifications which do not appear to the Ministers to substantially affect the character of the Order.

In accordance with sections 54A(1), (2)(a) and (4) of the Harbours Act 1964(5) a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

PART 1

PRELIMINARY

Citation and commencement

1.—(1) This Order may be cited as the Aberdeen Harbour Revision Order 2016 and comes into force on the day after the day on which it is made.

(2) The Aberdeen Harbour Orders 1960 to 2002 and this Order may be cited together as the Aberdeen Harbour Orders 1960 to 2016.

Interpretation

2.—(1) In this Order—

‘the 1960 Order’ means the Provisional Order confirmed by section 1 of the Aberdeen Harbour Order Confirmation Act, 1960 and contained in the schedule of that Act(6);

‘the Board’ means the statutory body incorporated under the name of ‘the Aberdeen Harbour Board’ by section 4 of the 1960 Order;

‘CEMD’ means a Construction and Environmental Management Document approved by the Ministers from time to time under article 28(1);

‘Commissioners of Northern Lighthouses’ means the general lighthouse authority for Scotland, a body corporate constituted by section 193 and schedule 8 of the Merchant Shipping Act 1995(7);

‘deposited plans’ means the plans which are bound together and signed in duplicate with reference to this Order and marked ‘The Aberdeen Harbour Revision Order 2016 Plans’ of which one set has been deposited at the Scottish Government, Transport Scotland, AMFC Directorate, 2F North, Victoria Quay, Edinburgh, EH6 6QQ and the other set has been deposited at the principal office of the Board, 16 Regent Quay, Aberdeen, AB11 5SS;

‘general direction’ means a direction given under article 18;

‘government department’ includes any part of, or any member of the staff of, the Scottish Administration (which shall have the same meaning as in section 126(6) of the Scotland Act 1998(8));

‘the Group’ means the Environmental Advisory Group referred to in paragraph 1 of the schedule;

‘harbour’ means the harbour of Aberdeen as comprised within the harbour limits;

‘harbour limits’ means the limits of the harbour as defined in article 15;

‘harbour master’ means any person appointed as such by the Board and includes that person's deputies and assistants and any other person for the time being authorised by the Board to act, either generally or for a specific purpose, in the capacity of harbour master;

‘harbour undertaking’ has the same meaning as in section 3 of the 1960 Order;

‘level of high water’ means the level of mean high water springs;

‘limits of deviation’ means the limits delineated in red on sheet 9;

‘master’ in relation to a vessel means any person for the time being having or taking the command, charge or management thereof;

‘OEMD’ means an Operational and Environmental Management Document approved by the Ministers from time to time under article 28(2);

‘special direction’ means a direction given under article 20;

‘the Ministers’ means the Scottish Ministers;

‘tidal work’ means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;

‘UK Chamber of Shipping’ means the trade association for the United Kingdom shipping industry, incorporated under that name as a company limited by guarantee;

‘vessel’ means a ship, boat, raft or water craft of any description however propelled or moved, and includes a jet-ski, a displacement craft, a personal watercraft, a sea plane on the surface of the water, a hydrofoil vessel or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and

‘works’ means the works authorised by this Order, or as the case may require, any part thereof and includes any work constructed under article 3 (power to construct works) or article 5 (subsidiary works).

(2) In this Order, all areas, directions, distances, lengths, widths and heights as stated in any description of works, powers or lands other than article 4 (power to deviate) shall be construed as if the words ‘or thereabouts’ were inserted after each such area, direction, distance, length, width and height and any reference in a description of works to a point shall be a reference to that point on the deposited plans.

(3) Any reference in this Order to a work identified by a number is a reference to the work of that number authorised by this Order.

(4) Any reference in this Order to a numbered sheet is a reference to that numbered sheet in the deposited plans.

PART 2

WORKS

Power to construct works

3.—(1) The Board may, in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation shown on them, construct and maintain in the City of Aberdeen the following works, along with all necessary works and conveniences connected with them—

Work No. 1 – Deepening by means of excavation, including drilling and blasting, to a depth of 10.5 metres below Chart Datum, including side slopes of that part of the seabed shown coloured green on sheet 1.

Work No. 2 – Deepening by means of excavation, including drilling and blasting, to a depth of 9 metres below Chart Datum, including side slopes of that part of the seabed shown coloured orange on sheet 1.

Work No. 3 – Deepening by means of excavation, including drilling and blasting, to a depth of 10.5 metres below Chart Datum, including side slopes of that part of the seabed shown coloured blue on sheet 1.

Work No. 4 – Construction of a breakwater, including dredging, from the north shore of Nigg Bay, as shown coloured blue on sheet 2.

Work No. 5 – Construction of a breakwater, including dredging, from the south shore of Nigg Bay, as shown coloured green on sheet 2.

Work No. 6 – Construction of west, north and east quays and a southeast pier, including quay walls and pier walls respectively and associated structures, as shown coloured green on sheet 3.

Work No. 7 – Excavation, reclamation, infilling and surfacing of an area of land behind the quays forming Work No. 6 to form hardstanding for port operations, marshalling of cargo, parking, port entrance and exit and ancillary uses, as shown coloured yellow on sheet 3.

Work No. 8 – Construction/erection of (i) protective fencing and...

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