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The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

    1. 3.Development consent etc. granted by the Order

    2. 4.Maintenance of authorised development

    3. 5.Operation of authorised development

    4. 6.Benefit of the Order

    5. 7.Consent to transfer benefit of the Order

    6. 8.Application and modification of statutory provisions

  4. PART 3 STREETS

    1. 9.Street works

    2. 10.Power to alter layout, etc., of streets

    3. 11.Construction and maintenance of new or altered means of access

    4. 12.Access to works

    5. 13.Agreements with street authorities

  5. PART 4 SUPPLEMENTAL POWERS

    1. 14.Discharge of water

    2. 15.Authority to survey and investigate the land

    3. 16.Temporary interference with canal and public rights of navigation

    4. 17.Use of private roads for construction

  6. PART 5 POWERS OF ACQUISITION

    1. 18.Compulsory acquisition of land

    2. 19.Statutory authority to override easements and other rights

    3. 20.Time limit for exercise of authority to acquire land compulsorily

    4. 21.Compulsory acquisition of rights etc.

    5. 22.Private rights

    6. 23.Application of the 1981 Act and Part 1 of the 1961 Act

    7. 24.Acquisition of subsoil or airspace only

    8. 25.Modification of Part 1 of the 1965 Act

    9. 26.Rights under or over streets

    10. 27.Temporary use of land for carrying out the authorised development

    11. 28.Temporary use of land for maintaining the authorised development

    12. 29.Statutory undertakers

    13. 30.Apparatus and rights of statutory undertakers in streets

    14. 31.Recovery of costs of new connections

  7. PART 6 OPERATIONS

    1. 32.Crown Rights

    2. 33.Felling or lopping of trees and removal of hedgerows

    3. 34.Protective works to buildings

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 35.Protective provision

    2. 36.Restoration works

    3. 37.Application of landlord and tenant law

    4. 38.Operational land for purposes of the 1990 Act

    5. 39.Deemed marine licence under the Marine and Coast Access Act 2009

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

    7. 41.Certification of plans etc.

    8. 42.Service of notices

    9. 43.Procedure in relation to certain approvals etc.

    10. 44.Arbitration

    11. 45.Guarantees in respect of payment of compensation

  9. Signature

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Commencement of the authorised development

      3. 3.Notice of commencement and completion of commissioning

      4. 4.Notice of commencement of commercial use

      5. 5.Detailed design

      6. 6.Landscaping and biodiversity protection management and enhancement

      7. 7.External lighting

      8. 8.Highway accesses

      9. 9.Means of enclosure

      10. 10.Site security

      11. 11.Fire prevention

      12. 12.Surface water drainage

      13. 13.Foul water drainage

      14. 14.Flood risk mitigation

      15. 15.Contaminated land and groundwater

      16. 16.Archaeology

      17. 17.Construction environmental management plan

      18. 18.Protection of highway surfaces

      19. 19.Temporary haul road (traffic management and protection)

      20. 20.Temporary haul road (biodiversity protection)

      21. 21.Temporary haul road (removal and restoration)

      22. 22.Temporary haul road (prior approval of restoration scheme)

      23. 23.Pilfrey laydown (design)

      24. 24.Pilfrey laydown (removal and restoration)

      25. 25.Construction traffic management plan

      26. 26.Construction worker travel plan

      27. 27.Construction hours

      28. 28.Control of noise and vibration - construction

      29. 29.Control of noise - operation

      30. 30.Piling and penetrative foundation design

      31. 31.Restoration of land used temporarily for construction

      32. 32.Combined heat and power

      33. 33.Carbon capture and compression plant

      34. 34.Aviation warning lighting

      35. 35.Air safety

      36. 36.Local liaison committee

      37. 37.Employment, skills and training plan

      38. 38.Decommissioning

      39. 39.Requirement for written approval

      40. 40.Approved details and amendments to them

      41. 41.Amendments agreed by the relevant planning authority

    3. SCHEDULE 3

      STREETS SUBJECT TO STREET WORKS

    4. SCHEDULE 4

      STREETS SUBJECT TO PERMANENT ALTERATIONS OF LAYOUT

    5. SCHEDULE 5

      ACCESS - THOSE PARTS OF THE ACCESS TO BE MAINTAINED AT THE PUBLIC EXPENSE

    6. SCHEDULE 6

      NEW RIGHTS

      1. 1.Interpretation

    7. SCHEDULE 7

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

      1. 1.Compensation enactments

      2. 2.(1) Without limitation on the scope of paragraph 1, the...

      3. 3.(1) Without limitation on the scope of paragraph 1, the...

      4. 4.Application of Part 1 of the 1965 Act

      5. 5.(1) The modifications referred to in paragraph 4(a) are as...

    8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    9. SCHEDULE 9

      PROCEDURE FOR DISCHARGE OF REQUIREMENTS

      1. 1.In this Schedule— “business day” means a day other than...

      2. 2.Applications made under Requirements

      3. 3.Further information and consultation

      4. 4.Fees

      5. 5.Appeals

    10. SCHEDULE 10

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER

        1. 1.Application

        2. 2.Interpretation

        3. 3.On Street Apparatus

        4. 4.Apparatus of National Grid in stopped up streets

        5. 5.Protective works to buildings

        6. 6.Acquisition of land

        7. 7.Removal of apparatus

        8. 8.Facilities and rights for alternative apparatus

        9. 9.Retained apparatus: protection of electricity undertaker

        10. 10.Retained apparatus: protection of gas undertaker

        11. 11.Expenses

        12. 12.Indemnity

        13. 13.Enactments and agreements

        14. 14.Co-operation

        15. 15.Access

        16. 16.Arbitration

        17. 17.Notices

      2. PART 2 FOR THE PROTECTION OF CANAL AND RIVER TRUST

        1. 18.Interpretation

        2. 19.Powers requiring the Canal and River Trust’s consent

        3. 20.Fencing

        4. 21.Survey of waterway

        5. 22.Approval of plans, protective works etc.

        6. 23.Design of works

        7. 24.Notice of works

        8. 25.Lighting

        9. 26.Construction of specified works

        10. 27.Prevention of pollution

        11. 28.Access to work – provision of information

        12. 29.Alterations to the waterway

        13. 30.Maintenance of works

        14. 31.Repayment of the Canal and River Trust’s fees, etc.

        15. 32.Making good of detriment; compensation and indemnity, etc.

        16. 33.Arbitration

        17. 34.Capitalised sums

      3. PART 3 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

        1. 35.For the protection of the utility undertakers referred to in...

        2. 36.In this Part of this Schedule— “alternative apparatus” means alternative...

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

        4. 38.Regardless of any provision in this Order or anything shown...

        5. 39.(1) If, in the exercise of the powers conferred by...

        6. 40.(1) Where, in accordance with the provisions of this Part,...

        7. 41.(1) Not less than twenty-eight days before starting the execution...

        8. 42.(1) Subject to the following provisions of this paragraph, the...

        9. 43.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        10. 44.Nothing in this Part affects the provisions of any enactment...

      4. PART 4 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 45.(1) For the protection of any operator, the following provisions...

        2. 46.The exercise of the powers of article 29 (statutory undertakers)...

        3. 47.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 48.This Part of this Schedule does not apply to—

        5. 49.Nothing in this Part affects the provisions of any enactment...

      5. PART 5 FOR THE PROTECTION OF RAILWAY INTERESTS

        1. 50.The provisions of this Part of this Schedule have effect,...

        2. 51.In this Schedule— “asset protection agreement” means an agreement to...

        3. 52.(1) Where under this Part of this Schedule Network Rail...

        4. 53.(1) The undertaker must not exercise the powers conferred by—...

        5. 54.(1) The undertaker must, before commencing construction of any specified...

        6. 55.(1) Any specified work and any protective works to be...

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

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

        9. 58.(1) If any permanent or temporary alterations or additions to...

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

        11. 60.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

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

        14. 63.Any additional expenses which Network Rail may reasonably incur in...

        15. 64.(1) The undertaker must pay to Network Rail all reasonable...

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

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

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

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

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

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

        22. 71.In relation to any dispute arising under this part of...

      6. PART 6 FOR THE PROTECTION OF NATIONAL GRID CARBON LIMITED

        1. 72.Application

        2. 73.The undertaker hereby agrees not to exercise its powers under...

        3. 74.Section A and paragraph 88 of Section B of this...

        4. 75.Interpretation

        5. SECTION A

          1. 76.Interaction with the NGC Pipeline Network

          2. 77.Carbon dioxide export connections works

          3. 78.Without limiting any other provision of this Order, where NGC...

          4. 79.(1) Before beginning to construct any carbon dioxide export connection...

          5. 80.(1) Any approval of NGC required under this Schedule—

          6. 81.(1) The undertaker must give to NGC not less than...

        6. SECTION B

          1. 82.On street apparatus

          2. 83.Acquisition of land

          3. 84.Protective works to buildings

          4. 85.Removal of NGC apparatus

          5. 86.Facilities and rights for alternative apparatus

          6. 87.Specified works plan approval

          7. 88.(1) Subject to sub-paragraph (5), any specified work, and all...

          8. 89.Expenses and costs

          9. 90.Indemnity

          10. 91.Co-operation

          11. 92.Disputes

      7. PART 7 FOR THE PROTECTION OF NORTHERN POWERGRID

        1. 93.For the protection of Northern Powergrid the following provisions have...

        2. 94.In this Part of this Schedule— “1991 Act” means the...

        3. 95.This Part of this Schedule does not apply to apparatus...

        4. 96.Regardless of any provision in this Order or anything shown...

        5. 97.(1) If, in the exercise of the powers conferred by...

        6. 98.(1) Where, in accordance with the provisions of this Part...

        7. 99.(1) Not less than 48 days before starting the execution...

        8. 100.(1) Subject to the following provisions of this paragraph, the...

        9. 101.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        10. 102.Nothing in this Part of this Schedule affects the provisions...

        11. 103.Where in consequence of the proposed construction of any of...

        12. 104.If in consequence of an agreement reached in accordance with...

        13. 105.The plans submitted to Northern Powergrid by the undertaker pursuant...

    11. SCHEDULE 11

      DESIGN PARAMETERS

      1. 1.Maximum parameters for buildings and structures are set out at...

      2. 2.The finished ground level in respect of Work No. 1A,...

      3. 3.Maximum parameters of the A18 Gatehouse building (Work No. 8B)...

      4. 4.Maximum parameters for length (m), width (m) or diameter (m)...

    12. SCHEDULE 12

      DOCUMENTS AND PLANS TO BE CERTIFIED

    13. SCHEDULE 13

      DEEMED MARINE LICENCE UNDER PART 4 (MARINE LICENSING) OF THE MARINE AND COASTAL ACCESS ACT 2009 / DEEMED MMO LICENCE PROVISIONS

      1. PART 1 INTRODUCTION

        1. 1.(1) In this licence the definitions in article 2 must...

      2. PART 2 DETAILS OF LICENSED MARINE ACTIVITIES

        1. 2.Subject to the conditions, this licence authorises the undertaker to...

        2. 3.Licensed activities are authorised in relation to the construction, maintenance...

        3. 4.The substances or articles authorised for deposit associated with the...

        4. 5.The undertaker may engage in the licensed activities in the...

        5. 6.The coordinates in Table 9 are defined in accordance with...

      3. PART 3 CONDITIONS

        1. 7.General

        2. 8.Notifications and Inspections

        3. 9.Pre-construction

        4. 10.(1) The undertaker must submit a marine method statement (MMS)...

        5. 11.The undertaker must complete pre-works bathymetry of the areas specified...

        6. 12.The undertaker must notify the MMO in writing of any...

        7. 13.The undertaker must notify the MMO in writing of any...

        8. 14.During Construction, Operation and Maintenance

        9. 15.The storage, handling, transport and use of fuels, lubricants, chemicals...

        10. 16.The undertaker must not discharge waste concrete slurry or wash...

        11. 17.During licensed activities all wastes must be stored in designated...

        12. 18.(1) Vibratory piling must be used as standard, with percussive...

        13. 19.Piling must not be undertaken between 01 September and 31...

        14. 20.The undertaker must comply with the lighting, hazard marking and...

        15. 21.The undertaker must ensure any rock material used in the...

        16. 22.In the event that any rock or stone material is...

        17. 23.(1) The undertaker must report all dropped objects to the...

        18. 24.Post Construction

        19. 25.The undertaker must ensure that the MMO Local Enforcement Office...

        20. 26.The undertaker must complete post-works bathymetry of the areas specified...

        21. 27.Conditions Discharge

  11. Explanatory Note

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