An electronic copy of all application documents – draft order in word format
3 hard copies of any maps or plans if larger than A3,
One hard copy of Environmental Statement (ES) and any supporting documents if screened as required
Electronic copy of ES and supporting documents (on CD or memory stick)
Purpose and effect notes covering all provisions in the draft order justifying why each power is being sought and the purpose each is expected to achieve
Condition surveys and or maintenance plans and costings if new authority or transfer order
Application letter confirming:-
legal name of applicant (and their substantial interest if not the current authority for an existing harbour)
relevant section of the Harbours Act under which the order is sought
the objects for which it is sought (HROs only - schedule 2 of the Act)
general purpose of the order applied for
confirmation of date first notice will appear in the press
Relevant fee (cheques payable to Transport Scotland).
Harbour Orders Process Chart
Public notices must meet the requirements of paragraph 10 of schedule 3 to the Harbours Act 1964, as well as the requirements of Transport Scotland as to the treatment of the personal data of any objectors. The following template may be helpful to applicants and their agents in meeting these requirements. Where multiple consents are required and the notice is intended to cover a Marine Licence application in addition to the HRO please contact us for additional requirements before arranging publication.
HARBOURS ACT 1964 (AS AMENDED)
THE ……………. HARBOUR [EMPOWERMENT/REVISION] ORDER
1. NOTICE IS HEREBY GIVEN THAT […………………………..] (“the Applicant”) has applied to the Scottish Ministers for a Harbour [Empowerment] [Revision] Order under section   of the Harbours Act 1964 (“the 1964 Act”).
2. The Order will […… summary of the purpose of the order including any works, to be inserted]
3. The Scottish Ministers have advised by letter dated [………].that they have decided in accordance with paragraph 4 of Schedule 3 to the 1964 Act that the application [relates] [does not relate] to a project which falls within Annex [I] [II] to Council Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (“the Directive”) [being] [not being] a construction of a port installation. [The Scottish Ministers have concluded that it [is][is not] a relevant project in terms of Schedule 3 to the 1964 Act because it would be [likely] [unlikely] to have significant effects on the environment by virtue of [….. ]]. Accordingly, [no] [an] environmental statement [is required] [has been supplied].
4. A copy of the draft Order,[ the deposited plans, sections and elevations of the proposed works which accompanied the application, the environmental statement] and the letter dated […………….] may be inspected, free of charge, between the hours of [……………..], at [………………….] and between the hours of [………….] at the offices of the under mentioned Agent until the expiry of the forty-two day period specified below. [Any person requiring further information concerning the proposed works should apply in writing for that information to either one of those offices quoting reference……].
[5. Paragraph 16 of Schedule 3 to the 1964 Act (which requires information to be supplied concerning a project which is likely to have significant effects on the environment in Great Britain and in another European Economic Area State) [does] [does not] apply to the application]
6. Any person wishing to make an objection or representation on the environmental statement to the Scottish Ministers concerning the application should write to [specify official], Ports and Harbours Branch, Transport Scotland, Area 2F North, Victoria Quay, Edinburgh EH6 6QQ or email email@example.com within forty-two days from the date at the foot of this notice quoting [name of order] stating the grounds of their objection or representation and giving an address to which correspondence relating to the objection or representation may be sent.
7. All objections or representations made, including personal information provided to Scottish Ministers, will be shared with the applicant who may contact you to discuss your concerns. Names and the text of any representation may also be published on Transport Scotland’s website due to Freedom of Information requirements. If you wish to discuss any issues relating to the use of your personal data please contact the person specified in paragraph [….] of this notice.
8. If an objection is duly made to the application and not withdrawn the Scottish Ministers may, before making their decision (i) cause an inquiry to be held, or (ii) give to the objector an opportunity of appearing before and being heard by a person appointed by them.
Agents details to be inserted
Date (NB this date should be the date of publication of the first notice)
Written Representation Procedures
As outlined Ministers generally use this process where only a few topics of objections have been raised and there is no formal requirement for a PLI under the terms of the Harbours Act 1964 (e.g. where compulsory purchase is involved).
As there is no set procedure in the Harbours Act for written representations, we follow the process relating to objection handling under the Transport and Works Scotland Act 2007.
Under this process, both the applicant and the objector will be formally notified of the decision to handle the process by means of written representations using the following steps:
1. Initially the applicant is offered the opportunity to consider whether there is any further information they may wish to provide in support of the order. This may relate to one or all of the objections. The applicant has up to 28 days from the formal notification to consider whether to provide any additional information which will then passed to the objectors (usually within seven days of receipt by Transport Scotland) - the applicant can of course submit the information at any point in the 28 day period.
2. The objector then has to respond within 21 days should they have anything further to add. If they do not respond within the timeframe we would proceed to determination on the objections.
3. Any response would be passed to the applicant and they would have a further 14 days to add anything further.
4. Any material produced at step 3 would be passed back to the objector for further comments in line with step 2 (and back to the applicant in line with step 3).
5. We would proceed to determination unless any issues raised would warrant further consideration or additional information was required to inform the determination (provided other issues with the draft are resolved and subject to any Appropriate Assessment requirements).
We would stress that the above process would only be used to consider the issues raised during the 42 day consultation period (that were not subsequently withdrawn) and that additional matters raised would not be considered in the decision making process.