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The Port Talbot Steelworks Generating Station Order 2015

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

    1. 3.Development consent granted by Order

    2. 4.Power to maintain authorised development

    3. 5.Operation of generating station

    4. 6.Benefit of Order

    5. 7.Consent to transfer benefit of Order

    6. 8.Defence to proceedings in respect of statutory nuisance

  4. PART 3

    1. 9.Street works

  5. PART 4

    1. 10.Discharge of water

    2. 11.Authority to survey and investigate land

  6. PART 5

    1. 12.Compulsory acquisition of rights

    2. 13.Application of Compulsory Purchase (Vesting Declarations) Act 1981

    3. 14.Compulsory acquisition of land: minerals

    4. 15.Time limit for exercise of authority to acquire rights compulsorily

    5. 16.Acquisition of subsoil or airspace only

    6. 17.Private rights

    7. 18.Statutory undertakers

  7. PART 6

    1. 19.Application of landlord and tenant law

    2. 20.Operational land for purposes of 1990 Act

    3. 21.Protective provisions

    4. 22.Certification of plans, etc.

    5. 23.Service of notices

    6. 24.Procedure in relation to certain approvals, etc.

    7. 25.Arbitration

    8. 26.Crown rights

  8. Signature

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Time limits

      3. 3.Stages of authorised development

      4. 4.Detailed design

      5. 5.Decommissioning of existing generating station

      6. 6.Provision of landscaping

      7. 7.Fencing and other means of enclosure

      8. 8.Archaeology

      9. 9.Habitat management plan

      10. 10.Code of construction practice

      11. 11.Approval and implementation of noise management plan, etc.

      12. 12.External lighting

      13. 13.Construction hours

      14. 14.Control of noise during operational phase

      15. 15.Surface and foul water drainage

      16. 16.Aviation safety

      17. 17.Air quality monitoring

      18. 18.Contaminated land and groundwater

      19. 19.Construction compound

    3. SCHEDULE 3

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      1. 1.Compensation enactments modified

      2. 2.Land Compensation Act 1973 modified

      3. 3.1965 Act modified

      4. 4.Omit section 7 of the 1965 Act (measure of compensation...

      5. 5.Omit section 8 of the 1965 Act (other provisions as...

      6. 6.The following provisions of the 1965 Act (which state the...

      7. 7.Section 11 of the 1965 Act (powers of entry) is...

      8. 8.Section 20 of the 1965 Act (tenants at will, etc.)...

      9. 9.Section 22 of the 1965 Act (interests omitted from purchase)...

    4. SCHEDULE 4

      PROTECTIVE PROVISIONS

      1. PART 1 PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED, ETC.

        1. 1.The provisions of this Part have effect unless otherwise agreed...

        2. 2.In this Part— “construction” includes execution, placing, alteration and reconstruction;...

        3. 3.(1) Where under this Part Network Rail is required to...

        4. 4.(1) The undertaker must not exercise the powers conferred by—...

        5. 5.(1) The undertaker must before commencing construction of any specified...

        6. 6.(1) Any specified work and any protective works to be...

        7. 7.The undertaker must— (a) at all times afford reasonable facilities...

        8. 8.Network Rail must at all times afford reasonable facilities to...

        9. 9.(1) If any permanent or temporary alterations or additions to...

        10. 10.The undertaker must pay to Network Rail all reasonable fees,...

        11. 11.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 12.If at any time after the completion of a specified...

        13. 13.The undertaker must not provide any illumination or illuminated sign...

        14. 14.Any additional expenses that Network Rail may reasonably incur in...

        15. 15.(1) The undertaker must— (a) pay to Network Rail all...

        16. 16.Network Rail must, on receipt of a request from the...

        17. 17.In the assessment of any sums payable to Network Rail...

        18. 18.The undertaker and Network Rail may, subject in the case...

        19. 19.Nothing in this Order, or in any enactment incorporated or...

        20. 20.The undertaker must give written notice to Network Rail if...

        21. 21.The undertaker must, no later than 28 days from the...

      2. PART 2 PROTECTION OF WESTERN POWER DISTRIBUTION (SOUTH WALES) PLC

        1. 1.The provisions of this Part have effect unless otherwise agreed...

        2. 2.In this Part— “alternative apparatus” means alternative apparatus adequate to...

        3. 3.This Part does not apply to apparatus in respect of...

        4. 4.(1) Despite any provision of this Order or anything shown...

        5. 5.(1) If, in exercise of the powers conferred by this...

        6. 6.(1) Not less than 28 days before commencing the execution...

        7. 7.(1) Subject to the following provisions of this paragraph, the...

        8. 8.The undertaker must indemnify WPD and keep WPD indemnified in...

        9. 9.Any difference or dispute arising between the undertaker and WPD...

      3. PART 3 PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC

        1. 1.Part to have effect unless otherwise agreed

        2. 2.Interpretation

        3. 3.Application

        4. 4.Acquisition of land

        5. 5.Removal of apparatus

        6. 6.Facilities and rights for alternative apparatus

        7. 7.Retained apparatus: protection of National Grid

        8. 8.Expenses

        9. 9.Indemnity

        10. 10.Insurance

        11. 11.Enactments and agreements

        12. 12.Co-operation

        13. 13.Access

        14. 14.Arbitration

      4. PART 4 PROTECTION OF DŴR CYMRU CYFYNGEDIG

        1. 1.Part to have effect unless otherwise agreed

        2. 2.Interpretation

        3. 3.Other enactments, etc. unaffected

        4. 4.DCC apparatus not to be acquired, etc. except by agreement

        5. 5.Precedence of Water Industry Act 1991

        6. 6.Protection of DCC apparatus

        7. 7.Suspension of works

        8. 8.Co-operation

        9. 9.Emergency works

        10. 10.Insurance

        11. 11.Indemnity

        12. 12.Arbitration

    5. SCHEDULE 5

      PROCEDURE FOR DISCHARGE OF REQUIREMENTS

      1. 1.Interpretation

      2. 2.Applications made under Requirements

      3. 3.Further information

      4. 4.Appeals

  10. Explanatory Note

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