The HyNet Carbon Dioxide Pipeline Order 2024

65.—(1) The undertaker must not exercise the powers conferred by— E+W+S

(a) article 22 (authority to survey and investigate the land);

(b) article 24 (compulsory acquisition of land);

(c) article 26 (compulsory acquisition of rights and restrictive covenants);

(d) article 27 (statutory authority to override easements and other rights);

(e) article 31 (acquisition of subsoil or airspace only);

(f) article 34 (temporary use of land for carrying out the authorised development);

(g) article 35 (temporary use of land for maintaining the authorised development);

(h) article 36 (statutory undertakers);

(i) the powers conferred by section 203 (power to override easements and rights) of the Housing and Planning Act 2016;

(j) the powers conferred by section 172 (right to enter and survey land) of the Housing and Planning Act 2016;

in respect of any railway property unless the exercise of such powers is with the consent of Network Rail, such consent not to be unreasonably withheld.

(2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(3) The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act or article 36 (statutory undertakers) in relation to any right of access of Network Rail to railway property, but such right of access may be extinguished or diverted with the consent of Network Rail.

(4) The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.

(5) The undertaker must not under the powers of this Order do anything which would directly result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway, in Network Rail’s reasonable opinion.

(6) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions including any conditions necessary to ensure operational or railway safety but it shall never be unreasonable to withhold consent for reasons of operational or railway safety (such matters to be in Network Rail’s absolute discretion).

(7) The undertaker must enter into an asset protection agreement prior to the carrying out of any specified work.

Commencement Information

I1 Sch. 10 para. 65 in force at 11.4.2024, see art. 1(2)