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16.—(1) Subject to paragraph (4) and article 25, the undertaker may acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate it, or is incidental to it.
(2) As from the date on which a compulsory acquisition notice under section 134(3) of the 2008 Act is served or the date on which the Order land, or any part of it, is vested in the undertaker, whichever is the later, that land or that part of it which is vested (as the case may be) shall be discharged from all rights, trusts and incidents to which it was previously subject.
(3) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(4) This article and articles 17 to 27 shall not apply to—
(a)any land or interest in land owned by—
(i)the Simon Group Limited (company number 00052665) or its subsidiaries, including C.RO Ports Killingholme Limited, or to any mortgagee of such land in respect of an interest owned by the Simon Group Limited or any of its subsidiaries; and
(ii)Associated British Ports (company number ZC000195);
(b)any of the following plots of land referred to on the land plan and in the book of reference: 03/01; 03/02, 03/03, 03/04, 03/05, 03/06, 03/07, 03/08, 03/09, 04/01, 04/02, 04/03, 04/04, 04/05, 04/06, 04/07, 04/08, 04/10, 05/01, 05/02, 05/03, 07/01, 07/02, 07/07, 07/08, 07/09, 07/10, 07/11, 09/01, 09/02, 09/04, and 09/05.
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