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The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024

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  1. Introductory Text

  2. PART 1

    1. PRELIMINARY

      1. 1.Citation and Commencement

      2. 2.Interpretation

      3. 3.Disapplication and modification of legislative provisions

      4. 4.Incorporation of the 1847 Act

  3. PART 2

    1. PRINCIPAL POWERS

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

      2. 6.Maintenance of authorised development

      3. 7.Limits of deviation

      4. 8.Benefit of Order

      5. 9.Transfer of benefit of Order, etc.

  4. PART 3

    1. POWERS OF ACQUISITION

      1. 10.Compulsory acquisition of rights

      2. 11.Time limit for exercise of powers of compulsory acquisition

      3. 12.Private rights over land

      4. 13.Power to override easements and other rights

      5. 14.Modification of Part 1 of the 1965 Act

      6. 15.Application of the 1981 Act

      7. 16.Statutory undertakers and operator of the electronic communications code network

      8. 17.Recovery of costs of new connection

      9. 18.Disregard of certain interests and improvements

      10. 19.Set-off for enhancement in value of retained land

      11. 20.No double recovery

  5. PART 4

    1. OPERATIONAL PROVISIONS

      1. 21.Operation and use of development

      2. 22.Power to appropriate

      3. 23.Planning legislation

  6. PART 5

    1. SUPPLEMENTAL POWERS

      1. 24.Discharge of water

      2. 25.Powers to dredge

      3. 26.Authority to survey and investigate the land

      4. 27.Protective works to buildings

      5. 28.Agreement with highway authority

  7. PART 6

    1. MISCELLANOUS AND GENERAL

      1. 29.Defence to proceedings in respect of statutory nuisance

      2. 30.Deemed marine licence

      3. 31.Trees subject to a tree preservation order

      4. 32.Application of landlord and tenant law

      5. 33.Certification of plans and documents etc.

      6. 34.Service of notices

      7. 35.Arbitration

      8. 36.Saving for Trinity House

      9. 37.Provision against danger to navigation

      10. 38.Lights on tidal works during construction

      11. 39.Permanent light on tidal works

      12. 40.Crown rights

      13. 41.Protective provisions

      14. 42.Byelaws relating to the authorised development

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limit for commencement of the authorised development

        3. 3.Amendments to approved details

        4. 4.Construction hours – onshore works

        5. 5.Travel plan

        6. 6.Piling and marine construction works restrictions

        7. 7.External appearance and height of the authorised development

        8. 8.Onshore construction environmental management plan

        9. 9.Surface water drainage

        10. 10.Noise insulation

        11. 11.Woodland management

        12. 12.East Gate Improvements (Work No. 12)

        13. 13.Operational freight management plan

        14. 14.Lighting plan

        15. 15.Flood risk assessment

        16. 16.Contaminated land

        17. 17.Materials Management Plan

        18. 18.Impact Protection Measures for the IOT trunkway

        19. 19.Impact Protection Measures for the IOT finger pier

        20. 20.Amending the Port of Immingham Marine Operations Manual

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 21.Interpretation

        2. 22.Applications made under requirements

        3. 23.Further information regarding requirements

        4. 24.Appeals

        5. 25.Anticipatory steps towards compliance with any requirement

    3. SCHEDULE 3

      DEEMED MARINE LICENCE

      1. PART 1 GENERAL

        1. 1.Interpretation

        2. 2.Contacts

        3. 3.Licensed marine activities

        4. 4.Licence to dredge and deposit

        5. 5.Details of licensed marine activities

      2. PART 2 CONDITIONS APPLYING TO ALL LICENSABLE ACTIVITIES

        1. Before Licensed Activities

          1. 6.Notifications regarding licensed activities

          2. 7.Agents / contractors / sub-contractors

          3. 8.Cold weather construction restriction strategy

          4. 9.Marine Noise Registry

          5. 10.Marine written scheme of archaeological investigation

        2. During Licensed Activities

          1. 11.Offshore Construction Environmental Management Plan

          2. 12.Piling and marine construction works

          3. 13.Percussive piling reporting protocol

          4. 14.Concrete and cement

          5. 15.Coatings and treatment

          6. 16.Pollution and Spills

          7. 17.Disposal at Sea

          8. 18.Sediment sampling

          9. 19.The material to be disposed of within the disposal sites...

          10. 20.During the course of disposal at sea, deposited material must...

          11. 21.Dropped objects

          12. 22.Notice to Mariners

          13. 23.A copy of the notice must be provided to the...

      3. PART 3 PROCEDURE FOR THE DISCHARGE OF CONDITIONS

        1. 24.Meaning of “application”

        2. 25.Further information regarding application

        3. 26.Determination of application

        4. 27.Notice of determination

    4. SCHEDULE 4

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF THE STATUTORY CONSERVANCY AND NAVIGATION AUTHORITY FOR THE HUMBER

        1. 1.Interpretation

        2. 2.General

        3. 3.Tidal Works: approval of detailed design

        4. 4.Commencement of Tidal Works

        5. 5.Discharges, etc.

        6. 6.Obstruction in river

        7. 7.Removal etc. of the Statutory Conservancy and Navigation Authority ’s moorings and buoys

        8. 8.Navigational lights, buoys, etc.

        9. 9.Removal of temporary works

        10. 10.Protective action

        11. 11.Abandoned or decayed works

        12. 12.Facilities for navigation

        13. 13.Sedimentation, etc.: remedial action

        14. 14.Indemnity

        15. 15.Statutory functions

        16. 16.Operating procedures

        17. 17.Removal of wrecks and obstructions, etc. Oil Spillage Plan

      2. PART 2 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 18.Application

        2. 19.(1) Prior to the commencement of any specified work, the...

        3. 20.The undertaker must ensure— (a) that the authorised development including...

        4. 21.On completion of the works, all debris and surplus material...

        5. 22.The undertaker must bring the conditions contained in paragraphs 19...

        6. 23.Any dispute arising between the undertaker and the Agency under...

      3. PART 3 FOR THE PROTECTION OF EXOLUM

        1. 24.Application

        2. 25.Interpretation

        3. 26.Acquisition of apparatus

        4. 27.Relevant Works

        5. 28.Expenses

        6. 29.Damage to property and other losses

        7. 30.(1) Where in consequence of the proposed construction of any...

        8. 31.Miscellaneous

        9. 32.Any dispute arising between the Undertaker and Exolum under this...

        10. 33.Emergency circumstances

      4. PART 4 FOR THE PROTECTION OF THE IOT OPERATORS

        1. 34.Application

        2. 35.Interpretation

        3. 36.Acquisition of apparatus

        4. 37.Expenses

        5. 38.Damage to property and other losses

        6. 39.Co-operation and reasonableness

        7. 40.Miscellaneous

        8. 41.Emergency circumstances

      5. PART 5 FOR THE PROTECTION OF NORTHERN POWERGRID

        1. 42.Application

        2. 43.Interpretation

        3. 44.Acquisition of Land

        4. 45.Removal of Apparatus

        5. 46.Facilities and rights for alternative apparatus

        6. 47.Retained apparatus

        7. 48.Expenses and costs

        8. 49.Damage to property and other losses

        9. 50.Nothing in this Part of this Schedule affects the provisions...

        10. 51.Cooperation

        11. 52.If in consequence of an agreement reached in accordance with...

        12. 53.The plans submitted to Northern Powergrid by the undertaker pursuant...

        13. 54.Where practicable, the undertaker and Northern Powergrid will make reasonable...

      6. PART 6 FOR THE PROTECTION OF ANGLIAN WATER

        1. 55.Application

        2. 56.Interpretation

        3. 57.Protective works to buildings

        4. 58.Acquisition of land

        5. 59.Removal of apparatus

        6. 60.Facilities and rights for alternative apparatus

        7. 61.Retained apparatus

        8. 62.Expenses and costs

        9. 63.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        10. 64.Cooperation

        11. 65.Where the undertaker identifies any apparatus which may belong to...

        12. 66.Nothing in this Part of this Schedule affects the provisions...

        13. 67.The undertaker and Anglian Water may by written agreement substitute...

      7. PART 7 FOR THE PROTECTION OF NETWORK RAIL

        1. 68.Application

        2. 69.Interpretation

        3. 70.(1) Where under this Part of this Schedule Network Rail...

        4. 71.(1) The undertaker must not exercise the powers conferred by—...

        5. 72.(1) The undertaker must, before commencing construction of any specified...

        6. 73.(1) Any specified work and any protective works to be...

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

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

        9. 76.(1) If any permanent or temporary alterations or additions to...

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

        11. 78.If at any time after the completion of a specified...

        12. 79.The undertaker must not provide any illumination or illuminated sign...

        13. 80.Any additional expenses which Network Rail may reasonably incur in...

        14. 81.(1) The undertaker must pay to Network Rail all reasonable...

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

        16. 83.In the assessment of any sums payable to Network Rail...

        17. 84.Nothing in this Order, or in any enactment incorporated with...

        18. 85.The undertaker must give written notice to Network Rail where...

        19. 86.The undertaker must no later than 28 days from the...

        20. 87.Any dispute arising between the undertaker and Network Rail under...

      8. PART 8 FOR THE PROTECTION OF NORTH EAST LINCOLNSHIRE COUNCIL (AS LEAD LOCAL FLOOD AUTHORITY)

        1. 88.Application

        2. 89.Interpretation

        3. 90.(1) Before beginning to construct any specified work, the undertaker...

        4. 91.Without limitation on the scope of paragraph 90 the requirements...

        5. 92.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 93.(1) Subject to sub-paragraph 2 the undertaker must from the...

        7. 94.Subject to paragraph 93, if by reason of the construction...

        8. 95.(1) The undertaker must indemnify North East Lincolnshire Council in...

        9. 96.(1) Without affecting the other provisions of this Part of...

        10. 97.The fact that any work or thing has been executed...

        11. 98.Any dispute arising between the undertaker and North East Lincolnshire...

      9. PART 9 FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS COMPANY

        1. 99.Application

        2. 100.Interpretation

        3. 101.Protective works to buildings

        4. 102.Acquisition of land

        5. 103.Removal of apparatus

        6. 104.Facilities and rights for alternative apparatus

        7. 105.Retained apparatus: protection of Cadent

        8. 106.Expenses

        9. 107.Indemnity

        10. 108.Enactments and agreements

        11. 109.Co-operation

        12. 110.For the avoidance of doubt whenever Cadent’s consent, agreement or...

        13. 111.Access

        14. 112.Arbitration

        15. 113.Notices

      10. PART 10 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 114.Application

        2. 115.Interpretation

        3. 116.The exercise of the powers of article 16 (statutory undertakers...

        4. 117.(1) Subject to sub-paragraphs (2) to (4), if as the...

        5. 118.This Part of this Schedule does not apply to—

        6. 119.Nothing in this Part of this Schedule affects the provisions...

      11. PART 11 FOR THE PROTECTION OF DFDS SEAWAYS PLC

        1. 120.Application

        2. 121.Interpretation

        3. 122.Consultation and notification

        4. 123.Indemnity

        5. 124.Operations

        6. 125.Disputes

      12. PART 12 FOR THE PROTECTION OF CLDN PORTS KILLINGHOLME LIMITED

        1. 126.Application

        2. 127.Interpretation

        3. 128.Cooperation

        4. 129.Notice of and consultation on works and vessel movements

        5. 130.Any operations for the construction of any specified work, once...

        6. 131.Indemnity

        7. 132.Arbitration

      13. PART 13 FOR THE PROTECTION OF THE INTERNAL DRAINAGE BOARD

        1. 133.Application

        2. 134.Interpretation

        3. 135.The undertaker must not make any opening into or connections...

        4. 136.Without limiting paragraph 135, the requirements which the Board may...

        5. 137.(1) Subject to sub–-paragraph (2), any specified work, and all...

        6. 138.If by reason of the construction of the authorised development...

        7. 139.If the Board considers that, as a direct result of...

        8. 140.The undertaker must compensate the Board in respect of all...

        9. 141.Without limiting the other provisions of this Part of this...

        10. 142.The fact that any work or thing has been executed...

        11. 143.Any dispute between the undertaker and the Board under this...

    5. SCHEDULE 5

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS

      1. 1.The enactments for the time being in force with respect...

      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...

    6. SCHEDULE 6

      LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

    7. SCHEDULE 7

      PLANS AND DOCUMENTS TO BE CERTIFIED

  10. Explanatory Note

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