The York Potash Harbour Facilities Order 2016

Interpretation

2.  In this Schedule—

“access roads” means the access roads within the Order limits giving access to pipelines or protected crossings;

“affected assets” means—

(a)

underground pipelines where relevant works are to be carried out within the easement widths relating to that apparatus;

(b)

apparatus on or above ground which would be physically affected by the relevant works;

(c)

protected crossings where relevant works are to be carried out within 25 metres of the protected crossing concerned; and

(d)

in relation to the exercise of an identified power, any apparatus in the protected land which would be affected by the exercise of that power.

“apparatus” means pipelines and cables and includes—

(a)

any structure existing at the time when a particular action is to be taken under this Schedule in which apparatus is or is to be lodged or which will give access to apparatus;

(b)

any cathodic protection, coating or special wrapping of the apparatus; and

(c)

all ancillary apparatus properly appurtenant to the pipelines, that would be treated as being associated with a pipe or systems of pipes under section 65(2) of the Pipe-Lines Act 1962(1)), as if the pipelines were a “pipe-line” in section 65(1) of that Act;

“cats easement” means the easement width of the cats pipeline;

“cats pipeline” means the pipeline identified as “Gas BP Cats” on the conveyor route plans;

“cats pipeline critical construction activities” means the following authorised works—

(a)

excavation works within the cats easement;

(b)

piling within 10 metres of the cats pipeline;

(c)

backfilling and compaction work within the cats easement;

(d)

erection of crash mats above the cats pipeline; and

(e)

all lifting above the cats pipeline.

“construction access plan” means a plan identifying how access will be maintained to pipelines, the protected crossings and the Wilton Complex during the proposed construction or maintenance work including—

(a)

any restrictions on general access by owners of the protected land and operators of the pipelines, including the timing of restrictions;

(b)

any alternative accesses or routes of access that may be available to the undertaker using the access roads;

(c)

details of how the needs and requirements of owners of the protected land and operators of the pipelines (including their needs and requirements in relation to any major works that they have notified to the other operators of the protected land as at the date when the plan is published) have been taken into account in preparing the plan;

(d)

details of how uninterrupted and unimpeded emergency access with or without vehicles will be provided at all times for owners of the protected land and operators of the pipelines; and

(e)

details of how reasonable access with or without vehicles will be retained or an alternative provided for owners of the protected land and operators of the pipelines to inspect, repair, replace and maintain and ensure the continuing safety and operation or viability of the pipelines and protected crossings;

“construction or maintenance works” means any works to construct, maintain, or decommission the authorised development;

“damage” includes all damage including in relation to a pipeline leakage and the weakening of the mechanical strength of a pipeline;

“easement width” means in respect of each pipeline the easement width shown on the conveyor route plans as adjusted if necessary (in respect of pipelines shown on the conveyor route plans) or added to (in respect of pipelines constructed after the date this Order is made) as a result of the pipeline survey;

“engineer” means an engineer appointed by an owner or operator of a pipeline for the purposes of this Order;

“major works” means works by any person requiring the closure, diversion or regulation of any roads serving the Wilton Complex;

“Northumbrian Water Limited” means the company of that name (company number 02366703, whose registered office is at Northumbria House, Pity Me, Durham, DH1 5FJ);

“operator” means any person who is responsible for the construction, operation, use, maintenance or renewal of any pipeline;

“owner” means—

(a)

in relation to the pipeline corridor, any person—

(i)

with an interest in a pipeline in the pipeline corridor;

(ii)

with rights in, on, under or over the pipeline corridor in respect of a pipeline; or

(iii)

with a pipeline or proposed pipeline in, on, under or over the pipeline corridor;

(b)

in relation to the access roads, any person—

(i)

with an interest in the access roads; or

(ii)

with private rights of way on or over the access roads;

(c)

in relation to the protected crossings, any person—

(i)

with an interest in the protected crossings;

(ii)

with rights in relation to the protected crossings; or

(iii)

with pipelines in or comprising the protected crossings; and

(d)

in relation to protected land means any person falling within paragraphs (a) to (c) above.

“pipelines” means the apparatus located in the pipeline corridor, or in or comprising a protected crossing at the time the pipeline survey is carried out or as may be added between the date of the pipeline survey and the commencement of works, providing that any such additions are notified to the undertaker as soon as reasonably practicable;

“pipeline survey” means a survey of the pipeline corridor and the protected crossings to establish if not known—

(a)

the precise location of the pipelines and the protected crossings;

(b)

the specification of the pipelines and protected crossings including, where relevant, their composition, diameter, pressure and the products they are used to convey;

(c)

any special requirements or conditions relating to the pipelines which differ from the requirements or conditions applying to standard pipelines of that type;

(d)

the precise location of any easement widths or rights (where it is possible to establish this).

“protected crossings” means—

(a)

the tunnel under the River Tees which carries pipelines known as Tunnel 2; and

(b)

the apparatus under the River Tees known as the Breagh Pipeline;

“protected land” means such parts of the Order land as fall within—

(a)

the access roads;

(b)

the pipeline corridor; or

(c)

the protected crossings;

“relevant work” means a work which may have an effect on the operation, maintenance, abandonment of or access to any pipeline or a protected crossing;

“specified persons” means—

(a)

the following—

(i)

Company Secretary, SABIC UK Petrochemicals Limited, Wilton Centre, Redcar, Cleveland, TS10 4RF in relation to SABIC UK Petrochemicals Limited;

(ii)

Operations Manager, Huntsman Polyurethanes, PO Box 99, Wilton, Redcar, TS10 4YA in relation to Huntsman Polyurethanes (UK) Limited;

(iii)

Company Secretary, INEOS UK SNS Limited, 4^th Floor, 90 High Holborn, London WC1V 6LJ in relation to INEOS UK SNS Limited; and

(iv)

CATS Manager, CATS Terminal, Seal Sands Road, Seal Sands, Middlesbrough, Teesside TS1 1UB and Technical Director, CATS North Sea Limited, Wynyard Park House, Wynyard Avenue, Wynyard, Billingham TS22 STB in relation to CATS North Sea Limited, or

such other person as they may notify to the undertaker in writing; or

(b)

where a person for whose benefit these protective provisions have effect is not mentioned in paragraph (a)—

(i)

that person where the person is not an incorporated body;

(ii)

the company secretary in relation to a company;

(iii)

the designated partner in relation to a limited liability partnership; or

(iv)

such other person as they may notify to the undertaker in writing;

“unknown rights” means rights which are—

(a)

not known at the date of the Order; or

(b)

identified as unknown in the book of reference,

but not including any rights relating to pipelines (or access to pipelines) where a pipeline is shown on the pipeline survey;

“Wilton Complex” means the land shown outlined in red on the Wilton Complex Plan;

“Wilton Complex Plan” means the plan entitled “Location of Wilton Complex (Plan 1)” (drawing number T-MIS-0065-01);

“works details” means the following—

(a)

a description of the proposed works together with plans and sections of the proposed works where such plans and sections are reasonably required to describe the works concerned or their location;

(b)

details of any proposed temporary crossing points under paragraph 10;

(c)

details of methods and locations of any piling proposed to be undertaken under paragraph 14;

(d)

details of methods of excavation and any zones of influence the undertaker has calculated under paragraph 15;

(e)

details of methods and locations of any compaction of backfill proposed to be undertaken under paragraph 16;

(f)

details of the location of any pipelines affected by the oversailing provisions in paragraph 17, including details of the proposed clearance;

(g)

details of the method location and extent of any dredging, a technical assessment of the likely effect of the dredging on the protected crossings and any mitigation measures which are proposed to be put in place to prevent damage to the protected crossings;

(h)

details of the undertaker and their principal contractors’ management of change procedures;

(i)

details of the traffic management plan, which plan must include details of vehicle access routes for construction and operational traffic and which must assess the risk from vehicle movements and include safeguards to address identified risks;

(j)

details of the electrical design of the authorised works in sufficient detail to allow an independent specialist to assess whether AC interference from the authorised development may cause damage to the cats pipeline;

(k)

details (to include a dynamic analysis undertaken by the undertaker and provided to the cats pipeline operator) of the conveyor and conveyor support structure and the measures to be undertaken to ensure vibration does not impact on the cats pipeline;

(l)

details of the lifting study during the construction phase, which must include a technical assessment of the protection of underground assets and which study must provide for individual lift plans;

(m)

details of the lifting study during the operational phase, which must include a technical assessment of the protection of underground assets and which study must provide for individual lift plans;

(n)

details of the means by which the entirety of the cats pipeline can be properly inspected and if necessary repaired during the construction and operation of the authorised development which must provide for an excavation to a depth of 0.6 metres below the cats pipeline and 2 metres either side of the centreline of the cats pipeline consistent with the relevant constructability notes;

(o)

details of the emergency response plan as prepared in consultation with local emergency services and the pipeline operators;

(p)

details of the assessment and monitoring work to be undertaken both prior to the construction of the authorised development and during the operation of the authorised development to ascertain any change or damage to the cats pipeline cathodic protection system and the proposed remedial works; and

(q)

any further particulars provided in accordance with paragraph 4(2).

(1)

1962 c. 58. Section 65 was amended by section 89(1) of, and paragraphs 1 and 2 of Schedule 2 to, the Energy Act 2011 (c. 16), S.I. 2000/1937 and S.I. 2011/2305.