2009-12-142009-12-29HARBOURS ACT 1964TSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk2672717

Notice is hereby given that, on 14 December 2009 the Scottish Ministers in exercise of the powers conferred on them by the above mentioned Act decided to make the above order with modifications which do not appear to them to substantially affect the character of the order. Scottish Ministers have considered the Environmental Statement (ES) and the Addendum to the ES and the results of the consultations with Dumfries and Galloway Council, SNH and SEPA.

The Scottish Ministers are satisfied that this harbour empowerment order (“the HEO”) meets the objectives of Section 16 of the 1964 Act, being the construction of an artificial harbour navigable by seagoing ships and the improvement and maintenance of the harbour so constructed. The Scottish Ministers are also satisfied that making the HEO is desirable in the interests of facilitating the efficient and economic transport of goods and passengers by sea.

Following the public notice in the Edinburgh Gazette and local press, four objections were made and subsequently withdrawn and no representations were made in respect of the further notice of the Addendum to the ES.

The full text of the decision letter issued to the applicant can be found at: http://www.scotland.gov.uk/Topics/Transport/ferries-ports-canals/ports-harbours/Decision

The HEO cannot come into force until the Scottish Parliament, by resolution, approves it.

The decision of the Scottish Ministers is final but any person who desires to question the making of the HEO on the ground that there was no power to make the HEO or that a requirement of the 1964 Act was not complied with in relation to the HEO may, within six weeks from the date on which the HEO becomes operative make an application for the purpose to the Court of Session.

A person who thinks they may have grounds for challenging the decision to make the HEO is advised to take legal advice before taking any action.