The A303 Sparkford to Ilchester Dualling Development Consent Order 2021

Interpretation

1.  In this Schedule—

“CEMP” means the construction environmental management plan;

“contaminated land” has the same meaning as that given in section 78A(1) (preliminary) of the Environmental Protection Act 1990;

“Ecological Clerk of Works” means the individual appointed as such by the undertaker;

“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017(2);

“HEMP” means the handover environmental management plan, being the CEMP, to be developed towards the end of the construction of the authorised development which is to contain—

(a)

the environmental information needed for the future maintenance and operation of the authorised development;

(b)

the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development;

(c)

a record of the consents, commitments and permissions resulting from liaison with statutory bodies; and

(d)

the ongoing commitments and obligations in the LEMP;

“LEMP” means the landscape and ecological management plan, including a reptile mitigation strategy and mitigation measures for Schedule 1 birds;

“priority species” has the same meaning given by Article 1(h) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(3);

“protected species” means species which are subject to protection under the laws of England or which are European protected species;

“Schedule 1 birds” means those birds listed within Schedule 1 (birds which are protected by special penalties) to the Wildlife and Countryside Act 1981;

“Somerset County Council’s archaeological advisor” means the individual appointed as such by the relevant planning authority;

“written” includes shown in the form of a plan, section, drawing or any similar material which is submitted in compliance with any requirement.

(1)

Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25).

(2)

S.I. 2017/1012.

(3)

OJ No. L 206, 22.7.1992, p.7, as last amended by Council Directive 2013/17/EU (OJ No. L 158, 10.6.2013, p.193).