The Net Zero Teesside Order 2024

Interpretation E+W+S

188.  In this Schedule—

“access roads” means the access roads within the Order limits giving access to pipelines or the protected crossing;

“affected assets” means—

(a)

apparatus which would be physically affected by the relevant works;

(b)

the protected crossing where relevant works are to be carried out within 25 metres of the protected crossing; and

(c)

in relation to the exercise of an identified power, any apparatus in the protected land which would be affected by the exercise of that power.

“apparatus” means pipelines and cables owned or operated by SABIC within the Order limits and includes—

(a)

any structure existing at the time when a particular action is to be taken under this Part in which apparatus is or is to be lodged or which will give access to apparatus;

(b)

any coating or special wrapping of the apparatus; and

(c)

all ancillary apparatus properly appurtenant to the pipelines, that would be treated as being associated with a pipe or systems of pipes under section 65(2) of the Pipe-Lines Act 1962(1) as if the pipelines were a “pipe-line” in section 65(1) of that Act;

“construction access plan” means a plan identifying how access will be maintained to apparatus the protected crossing and the North Tees Facilities during the proposed construction or maintenance work including—

(a)

any restrictions on general access by SABIC, including the timing of restrictions;

(b)

any alternative accesses or routes of access that may be available to the undertaker using the access roads;

(c)

details of how the needs and requirements of SABIC (including their needs and requirements in relation to any major works that they have notified to the other operators of the protected land as at the date when the plan is published) have been taken into account in preparing the plan;

(d)

details of how uninterrupted and unimpeded emergency access with or without vehicles will be provided at all times for SABIC; and

(e)

details of how reasonable access with or without vehicles will be retained or an alternative provided for SABIC to inspect, repair, replace and maintain and ensure the continuing safety and operation or viability of the pipelines and the protected crossing;

“construction or maintenance works” means any works to construct, maintain, or decommission the authorised development;

“damage” includes all damage including in relation to a pipeline leakage and the weakening of the mechanical strength of a pipeline;

“engineer” means an engineer appointed by SABIC for the purposes of this Order;

“major works” means works by SABIC requiring the closure, diversion or regulation of any roads serving the North Tees Facilities;

“North Tees Facilities” means the site at North Tees Works at which SABIC operates various facilities;

“operator” means any person who is responsible for the construction, operation, use, maintenance or renewal of any pipeline;

“owner” means—

(a)

in relation to the pipeline corridor, any person—

(i)

with an interest in a pipeline in the pipeline corridor;

(ii)

with rights in, on, under or over the pipeline corridor in respect of a pipeline; or

(iii)

with a pipeline or proposed pipeline in, on, under or over the pipeline corridor;

(b)

in relation to the access roads, any person—

(i)

with an interest in the access roads; or

(ii)

with private rights of way on or over the access roads;

(c)

in relation to the protected crossing, any person—

(i)

with an interest in the protected crossing;

(ii)

with rights in relation to the protected crossing; or

(iii)

with pipelines in or comprising the protected crossing; and

(d)

in relation to protected land means any person falling within paragraphs (a) to (c) above.

“pipeline corridor” means the land identified as the pipeline corridor on the Sembcorp Pipeline Corridor protective provisions supporting plans;

“pipelines” means any apparatus owned or operated by SABIC located in the pipeline corridor or in or comprising the protected crossing at the time the pipeline survey is carried out or as may be added between the date of the pipeline survey and the commencement of the authorised development, providing that any such additions are notified to the undertaker as soon as reasonably practicable;

“pipeline survey” means a survey of the pipeline corridor and the protected crossing to establish (if not known)—

(a)

the precise location of the pipelines and the protected crossing;

(b)

the specification of the pipelines and protected crossing including, where relevant, their composition, diameter, pressure and the products they are used to convey;

(c)

any special requirements or conditions relating to the pipelines which differ from the requirements or conditions applying to standard pipelines of that type;

“protected crossing” means the tunnel which carries pipelines under the River Tees known as Tunnel 2;

“protected land” means such parts of the Order land as fall within—

(a)

the access roads;

(b)

the pipeline corridor; or

(c)

the protected crossing;

“relevant work” means a work which may have an effect on the operation, maintenance, abandonment of or access to any pipeline or the protected crossing;

“SABIC” means [F1 SABIC UK Petrochemicals Limited] whose registered office is at Wilton Centre, Wilton, Redcar, Cleveland, TS10 4RF;

“Sembcorp Pipeline Corridor protective provisions supporting plan” means the plan which is certified as the Sembcorp Pipeline Corridor protective provisions supporting plan by the Secretary of State under article 45 (certification of plans etc.) for the purposes of this Order;

“specified persons” means the Company Secretary [F1 , SABIC UK Petrochemicals Limited], Wilton Centre, Redcar, Cleveland, TS10 4RF in relation [F1 to SABIC UK Petrochemicals Limited], or such other person as they may notify to the undertaker in writing;

“works details” means the following—

(a)

a description of the proposed works together with plans and sections of the proposed works where such plans and sections are reasonably required to describe the works concerned or their location;

(b)

details of methods and locations of any piling proposed to be undertaken under paragraph 195;

(c)

details of methods of excavation and any zones of influence the undertaker has calculated under paragraph 196;

(d)

details of methods and locations of any compaction of backfill proposed to be undertaken under paragraph 197;

(e)

details of the location of any pipelines affected by the oversailing provisions in paragraph 198, including details of the proposed clearance;

(f)

details of the method location and extent of any dredging, a technical assessment of the likely effect of the dredging on the protected crossing and any mitigation measures which are proposed to be put in place to prevent damage to the protected crossing;

(g)

details of the undertaker and their principal contractors’ management of change procedures;

(h)

details of the traffic management plan, which plan must include details of vehicle access routes for construction and operational traffic and which must assess the risk from vehicle movements and include safeguards to address identified risks;

(i)

details of the lifting study during the construction phase, which must include a technical assessment of the protection of underground assets and which study must provide for individual lift plans;

(j)

details of the lifting study during the operational phase, which must include a technical assessment of the protection of underground assets and which study must provide for individual lift plans;

(k)

details of the emergency response plan as prepared in consultation with local emergency services and the pipeline operators; and

(l)

any further particulars provided in accordance with paragraph 189(2).

Textual Amendments

F1 Words in Sch. 12 para. 188 substituted (21.12.2024) by The Net Zero Teesside (Correction) Order 2024 (S.I. 2024/1384), art. 1, Sch. Table

Commencement Information

I1 Sch. 12 para. 188 in force at 11.3.2024, see art. 1

(1)

1968 c. 58. Section 65 was amended by section 89(1) of and paragraphs 1 and 2 of Schedule 2 to the Energy Act 2011 (c. 16.) S.I. 2000/1937 and S.I. 2011/2305.