The Network Rail (Essex and Others Level Crossing Reduction) Order 2022

Disapplication of legislative provisions E+W+S

4.—(1) The following provisions do not apply in relation to any works executed under the powers conferred by this Order—

(a) regulation 12(1)(a) (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016(1) in relation to the carrying out of a relevant flood risk activity;

(b) section 23 (prohibition on obstacles etc. in watercourses) of the Land Drainage Act 1991(2);

(c) the provisions of any byelaws made under, or having effect as if made under, section 66(3) (powers to make byelaws) of the Land Drainage Act 1991, which require consent or approval for the carrying out of the works; and

(d) the Neighbourhood Planning Act 2017(4) in so far as it relates to temporary occupation of land under articles 21 (temporary use of land for construction of works) and 22 (temporary use of land for maintenance of works).

(2) On completion of the relevant authorised works—

(a) section 10 of the London, Tilbury and Southend Extension Railway Act 1852(5) is disapplied as it relates to level crossings at—

(i) Ferry in the Borough of Castle Point, County of Essex;

(ii) No. 131 in Thurrock; and

(iii) Howells Farm in Thurrock; and

(b) the Railtrack Long Green Level Crossing Order 1997; and

(c) the Network Rail Johnsons Level Crossing Order 2003,

are revoked.

Commencement Information

I1 Art. 4 in force at 30.6.2022, see art. 1

(1)

S.I. 2016/1154.

(2)

1991 c. 59. Section 23 was amended by paragraph 192 of Schedule 22 of the Environment Act (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Management Act 2010 (c. 29) and S.I. 2013/755.

(3)

Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86(1) and (3) of the Water Act 2014 (c. 21).

(4)

2017 c. 20.

(5)

1852 c. lxxxiv.