The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024

Disapplication and modification of legislative provisions

3.—(1) The following provisions do not apply in relation to the construction of works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised development—

(a) section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991(1);

(b) the provisions of any byelaws made under, or having effect as if made under, paragraph 5 of Schedule 25 (byelaw-making powers of the appropriate agency) to the Water Resources Act 1991(2); and

(c) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016(3) in respect of a flood risk activity only.

(2) On and after the date on which the authorised development is commenced, any conditions of a planning permission granted under section 57 (planning permission required for development) of the 1990 Act and which relate to the land within the Order limits cease to have effect to the extent they are inconsistent with the authorised development or anything done in accordance with or approved under the requirements set out in Schedule 2 (requirements).

(3) Sections 25 (penalties for improper deposit of hard materials in the river) and 26 (no mud to be cast into the river except as admiralty direct) of the River Humber Conservancy Act 1852(4), section 9 (licences for execution of works) of the Humber Conservancy Act 1899(5), section 6(2) (no erections in Humber below river lines or without licence above river lines) and section 8 (sand &c. not to be removed from bed or foreshore of River Humber without licence of Commissioners) of the Humber Conservancy Act 1905(6) do not apply to the authorised development.

(1)

1991 c. 59.

(2)

1991 c. 57. Paragraph 5 was amended by section 100(1) and (2) of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84(2) of, and paragraph 3 of Schedule 11 to, the Marine and Coastal Access Act 2009 (c. 23), paragraph 49 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.

(3)

S.I. 2016/1154.

(4)

1852 c. cxxx.

(5)

1899 c. cci.

(6)

1905 c. clxxix.