The Net Zero Teesside Order 2024

Interpretation

2.—(1) In this Order—

“the 1961 Act” means the Land Compensation Act 1961(1);

“the 1965 Act” means the Compulsory Purchase Act 1965(2);

“the 1966 Act” means the Tees and Hartlepool Port Authority Act 1966(3);

“the 1974 Order” means the Tees and Hartlepool Port Authority Revision Order 1974(4);

“the 1980 Act” means the Highways Act 1980(5);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(6);

“the 1984 Act” means the Road Traffic Regulation Act 1984(7);

“the 1986 Act” means the Gas Act 1986(8);

“the 1989 Act” means the Electricity Act 1989(9);

“the 1990 Act” means the Town and Country Planning Act 1990(10);

“the 1991 Act” means the New Roads and Street Works Act 1991(11);

“the 1994 Order” means the Tees and Hartlepool Harbour Revision Order 1994(12);

“the 2000 Act” means the Countryside and Rights of Way Act 2000(13);

“the 2004 Act” means the Traffic Management Act 2004(14);

“the 2008 Act” means the Planning Act 2008(15);

“the 2009 Act” means the Marine and Coastal Access Act 2009(16);

“access and rights of way plans” means the plans which are certified as the access and rights of way plans by the Secretary of State under article 45 (certification of plans etc.) for the purposes of this Order;

“access land” has the same meaning as in section 1(1) (principal definitions for Part I) of the 2000 Act;

“address” includes any number or address used for the purposes of electronic transmission;

“apparatus” has the same meaning as in Part 3 (Street works in England and Wales) of the 1991 Act and further includes pipelines (and parts of them), aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity and fibre-optic cables, pipe and cable protection telecommunications equipment and electricity cabinets;

“application guide” means the document of that description which is certified by the Secretary of State as the application guide under article 45 for the purposes of this Order;

“authorised development” means the development described in Schedule 1 (authorised development) and any other development authorised by this Order within the meaning of section 32 (meaning of “development”) of the 2008 Act;

“book of reference” means the document of that description which is certified by the Secretary of State as the book of reference under article 45 for the purposes of this Order;

“building” includes any structure or erection or any part of a building, structure or erection;

“carbon dioxide storage licence” means a licence for the activities under section 17 of the Energy Act 2008 for the carbon dioxide storage site;

“carbon dioxide storage site” means the site for the storage of carbon dioxide captured or collected by the authorised development;

“carriageway” has the same meaning as in the 1980 Act;

“CCGT” means combined cycle gas turbine;

“CCP” means the carbon capture plant, which is designed to capture a minimum rate of 90% of the carbon dioxide emissions of the generating station operating at full load;

“commence” means—

(a)

in relation to works seaward of MHWS, the first carrying out of any licensed marine activities authorised by the deemed marine licences, save for operations consisting of pre-construction monitoring surveys approved under the deemed marine licences; or

(b)

in respect of any other works comprised in or carried out for the purposes of the authorised development, the first carrying out of any material operation, as defined in section 155 (which explains when development begins) of the 2008 Act,

and the words “commencement” and “commenced” and cognate expressions are to be construed accordingly;

“commissioning” means the process of testing all systems and components of the authorised development which are installed or in relation to which installation is nearly complete in order to ensure that they, and the authorised development as a whole, function in accordance with the plant design specifications and the undertaker’s operational and safety requirements;

“consenting authority” means the relevant planning authority, highway authority, traffic authority, street authority, the owner of a watercourse, sewer or drain or the beneficiary of any of the protective provisions contained in Schedule 12 (protective provisions);

“date of final commissioning” means the date on which—

(a)

commissioning of the authorised development is completed and that development commences operation on a commercial basis; or

(b)

where specified in this Order, the date on which a specified Work No. commences operation on a commercial basis;

“deemed marine licences” means the marine licences set out in Schedules 10 (deemed marine licence under the 2009 Act – Project A) and 11 (deemed marine licence under the 2009 Act – Project B) including any variations to either of them;

“design and access statement” means the statement which is certified as the design and access statement by the Secretary of State under article 45 for the purposes of this Order;

“electronic communication” has the meaning given in section 15(1) (general interpretation) of the Electronic Communications Act 2000;

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means provided it is in electronic form;

“the environmental statement” means the statement certified as the environmental statement by the Secretary of State under article 45 for the purposes of this Order;

“ES addendum” means the documents certified as part of the environmental statement as the Environmental Statement Addendum – Volume I, Environmental Statement Addendum – Volume II and Non-Technical Summary of the Environmental Statement Addendum by the Secretary of State under article 45 for the purposes of this Order;

“footpath” and “footway” have the same meanings as in the 1980 Act;

“framework construction environmental management plan” means the document of that description which is certified as the framework construction environmental management plan by the Secretary of State under article 45 for the purposes of this Order;

“framework construction traffic management plan” means the document of that description at appendix 16C of the environmental statement;

“framework construction workers travel plan” means the document of that description at appendix 16B of the environmental statement;

“framework site waste management plan” means the document appended at appendix A of the framework construction environmental management plan;

“highway” and “highway authority” have the same meanings as in the 1980 Act;

“indicative landscape and biodiversity strategy” means the document of that description which is certified as the indicative landscape and biodiversity strategy by the Secretary of State under article 45 for the purposes of this Order and the updated landscape and biodiversity plan;

“indicative lighting strategy” means the document of that description which is certified as the indicative lighting strategy by the Secretary of State under article 45 for the purposes of this Order;

“land plans” means the plans which are certified as the land plans by the Secretary of State under article 45 for the purposes of this Order;

“legible in all material respects” means the information contained in an electronic communication is available to the recipient to no lesser extent than it would be if transmitted by means of a document in printed form;

“maintain” includes, inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part of, but not remove, reconstruct or replace the whole of, the authorised development provided that such activities do not give rise to any materially new or materially different adverse effects that have not been assessed in the environmental statement and “maintenance” and “maintaining” are to be construed accordingly;

“mean high water springs” or “MHWS” means the average of high water heights occurring at the time of spring tides;

“MMO” means the Marine Management Organisation;

“NGET” means National Grid Electricity Transmission plc (company number 2366977) whose registered office is at 1-3 Strand, London WC2N 5EH;

“NZT Power” means Net Zero Teesside Power Limited (company number 12473751) whose registered office is at Chertsey Road, Sunbury On Thames, Middlesex, United Kingdom, TW16 7BP;

“NZNS Storage” means Net Zero North Sea Storage Limited (company number 12473084) whose registered office is at Chertsey Road, Sunbury On Thames, Middlesex, United Kingdom, TW16 7BP;

“Order land” means the land which is required for, or is required to facilitate, or is incidental to, or is affected by, the authorised development shown edged red on the land plans and described in the book of reference;

“Order limits” means the limits shown on the works plans within which the authorised development may be carried out;

“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(17);

“permitted preliminary works” means works consisting of environmental surveys, geotechnical surveys, surveys of existing infrastructure, and other investigations for the purpose of assessing ground conditions, the preparation of facilities for the use of contractors (excluding earthworks and excavations), the provision of temporary means of enclosure and site security for construction, the temporary display of site notices or advertisements and any other works agreed by the relevant planning authority, provided that these will not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement;

“project A” means the development described in Schedule 1 except Work Nos. 6, 7 and 8;

“project B” means the development described in Schedule 1 except Work Nos. 1, 2 and 4;

“relevant highway authority” means the highway authority responsible for highways within the vicinity of the authorised development pursuant to section 1(1A)(2) of the 1980 Act;

“relevant planning authority” means the local planning authority for the area in which the land to which the relevant provision of this Order applies is situated;

“Requirements” means those matters set out in Schedule 2 (Requirements) to this Order;

“Royal Mail” means Royal Mail Group Limited (company number 04138203) whose registered office is at 185 Farringdon Road, London, EC1A 1AA;

“shared areas plan” means the plan defined as the Shared Areas Plan in Part 18 of Schedule 12 of the Order (for the protection of Anglo American);

“special category land” means the land shown hatched blue on the land plans;

“STDC” means South Tees Development Corporation, whose headquarters are at Teesside Airport Business Suite Teesside International Airport Darlington DL2 1NJ;

“STDC area” means the administrative area of STDC;

“statutory undertaker” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act, subject to any specific wording in this Order;

“street” means a street within the meaning given by section 48 (streets, street works and undertakers)(18) of the 1991 Act, together with land on the verge of a street or between two carriageways, and “street” includes any part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act(19);

“Teesworks Limited” means Teesworks Limited (company number 12351851) whose registered office is at Venture House, Aykley Heads, Durham, England, DH1 5TS;

“traffic authority” has the same meaning as given in section 121A (traffic authorities) of the 1984 Act;

“tribunal” means the Lands Chamber of the Upper Tribunal;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“undertaker” means, subject to articles 7 (benefit of the Order) and 8 (consent to transfer benefit of this Order)—

(a)

for the purposes of constructing, maintaining and operating Project A, NZT Power;

(b)

for the purposes of constructing, maintaining and operating Project B, NZNS Storage;

“updated landscape and biodiversity plan” means the document of that description which is certified as the updated landscape and biodiversity plan by the Secretary of State under article 45 for the purposes of this Order;

“watercourse” includes all rivers, streams, creeks, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

“working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971(20);

“works plans” means the plans which are certified as the works plans by the Secretary of State under article 45 for the purposes of this Order.

(2) The definitions in paragraph (1) do not apply to the deemed marine licences except where expressly provided for in a deemed marine licence.

(3) All distances, directions and lengths referred to in this Order, except for the parameters referred to in Table 9 and Table 10 in Part 1 of Schedule 10, Table 11 and Table 12 in Part 1 of Schedule 11 and Table 14 in Schedule 15, are approximate and distances between lines and/or points on a numbered work comprised in the authorised development and shown on the works plans and access and rights of way plans are to be taken to be measured along that work.

(4) All areas described in square metres in the book of reference are approximate.

(5) References in this Order to “numbered work” and “Work No.” are references to the works comprising the authorised development as set out in Schedule 1 and shown on the works plans.

(6) The expression “includes” is to be construed without limitation unless the contrary intention appears.

(7) References in this Order to plots are references to the plots shown on the land plans and described in the book of reference.

(1)

1961 c. 33.

(2)

1965 c. 56.

(3)

1966 c. xxv.

(4)

S.I. 1975/693.

(5)

1980 c. 66.

(6)

1981 c. 66.

(7)

1984 c. 27.

(8)

1986 c. 44.

(9)

1989 c. 29.

(10)

1990 c. 8.

(11)

1991 c. 22.

(12)

S.I. 1994/2064.

(13)

2000 c. 37.

(14)

2004 c. 18.

(15)

2008 c. 29.

(16)

2009 c. 23.

(17)

1981 c. 67. The definition of “owner” was amended by section 70 of and paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to the Order.

(18)

Section 48 was amended by section 124 (1) and (2) of the Local Transport Act 2008 (c. 26).

(19)

“Street authority” is defined in section 49, which was amended by section 1(6) and paragraphs 113 and 117 of Schedule 1 to the Infrastructure Act 2015.

(20)

1971 c. 80.