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The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024

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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 this 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 altered streets

    4. 12.Temporary closure of public rights of way

    5. 13.Access to works

    6. 14.Agreements with street authorities

  5. PART 4 SUPPLEMENTAL POWERS

    1. 15.Discharge of water

    2. 16.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 17.Power to override easements and other rights

    2. 18.Time limit for exercise of authority to acquire rights compulsorily

    3. 19.Compulsory acquisition of rights

    4. 20.Private Rights

    5. 21.Application of the 1981 Act

    6. 22.Acquisition of subsoil only

    7. 23.Modification of Part 1 of the Compulsory Purchase Act 1965

    8. 24.Rights under or over streets

    9. 25.Temporary use of land for constructing the authorised development

    10. 26.Temporary use of land for maintaining the authorised development

    11. 27.Statutory undertakers

    12. 28.Apparatus and rights of statutory undertakers in affected streets

    13. 29.Recovery of costs of new connections

    14. 30.Compulsory acquisition of land – incorporation of the mineral code

  7. PART 6 OPERATIONS

    1. 31.Felling or lopping of trees and removal of hedgerows

    2. 32.Protective works to buildings

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 33.Protective provisions

    2. 34.Application of landlord and tenant law

    3. 35.Operational land for purposes of the 1990 Act

    4. 36.Defence to proceedings in respect of statutory nuisance

    5. 37.Certification of plans and documents, etc.

    6. 38.Service of notices

    7. 39.Procedure in relation to certain approvals etc

    8. 40.Arbitration

    9. 41.Guarantees in respect of payment of compensation

    10. 42.Electronic communications

    11. 43.Crown rights

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Commencement of the authorised development

      2. 2.Phasing of the authorised development

      3. 3.Notice of date of full commissioning

      4. 4.Requirement for written approval

      5. 5.Approved details and amendments to them

      6. 6.Detailed design approval

      7. 7.Provision of landscape and biodiversity mitigation and enhancement

      8. 8.External lighting during operation

      9. 9.Highway accesses during construction

      10. 10.Surface water drainage

      11. 11.Flood risk mitigation

      12. 12.Ground conditions

      13. 13.Archaeology

      14. 14.Construction environmental management plan

      15. 15.Construction traffic management plan

      16. 16.Construction worker travel plan

      17. 17.Control of noise during operation

      18. 18.Decommissioning environmental management plan

      19. 19.Decommissioning traffic management plan

      20. 20.Local liaison committee

      21. 21.Local employment plan

    3. SCHEDULE 3

      LEGISLATION TO BE DISAPPLIED

      1. 1.The following provisions do not apply in so far as...

    4. SCHEDULE 4

      STREETS SUBJECT TO STREET WORKS

    5. SCHEDULE 5

      ALTERATION OF STREETS

      1. PART 1 TEMPORARY ALTERATION OF LAYOUT

      2. PART 2 PERMANENT ALTERATION OF LAYOUT

    6. SCHEDULE 6

      PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

    7. SCHEDULE 7

      ACCESS TO WORKS

      1. PART 1 TEMPORARY MEANS OF ACCESS TO WORKS

      2. PART 2 PERMANENT MEANS OF ACCESS TO WORKS

    8. SCHEDULE 8

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED OR IN WHICH RIGHTS MAY BE EXTINGUISHED

      1. PART 1 LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

        1. 1.Interpretation

      2. PART 2 LAND IN WHICH RIGHTS MAY BE EXTINGUISHED

    9. SCHEDULE 9

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

      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...

    10. SCHEDULE 10

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    11. SCHEDULE 11

      PROCEDURE FOR DISCHARGE OF REQUIREMENTS

      1. 1.Interpretation

      2. 2.Applications made under requirement

      3. 3.Further information and consultation

      4. 4.Fees

      5. 5.Appeals

    12. SCHEDULE 12

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

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

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

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

        4. 4.Regardless of the temporary prohibition or restriction of use of...

        5. 5.Regardless of any provision in this Order or anything shown...

        6. 6.(1) If, in the exercise of the powers conferred by...

        7. 7.(1) Where, in accordance with the provisions of this Part...

        8. 8.(1) Not less than 28 days before starting the execution...

        9. 9.(1) Subject to the following provisions of this paragraph, the...

        10. 10.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. 11.Nothing in this Part of this Schedule affects the provisions...

        12. 12.Where the execution of works is required pursuant to paragraphs...

      2. PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 13.(1) For the protection of any operator, the following provisions...

        2. 14.The exercise of the powers of article 27 (statutory undertakers)...

        3. 15.(1) Subject to sub-paragraphs (2) to (4), if as the...

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

        5. 17.Nothing in this Part of this Schedule affects the provisions...

        6. 18.The undertaker must not exercise the powers granted under this...

      3. PART 3 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER

        1. 19.Application

        2. 20.Interpretation

        3. 21.On Street Apparatus

        4. 22.Apparatus of National Grid in affected streets

        5. 23.Protective works to buildings

        6. 24.Acquisition of land

        7. 25.Removal of apparatus

        8. 26.Facilities and rights for alternative apparatus

        9. 27.Retained apparatus: protection

        10. 28.Expenses

        11. 29.Indemnity

        12. 30.Enactments and agreements

        13. 31.Co-operation

        14. 32.Access

        15. 33.Arbitration

        16. 34.Notices

      4. PART 4 FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED

        1. 35.Application etc.

        2. 36.Interpretation

        3. 37.General

        4. 38.Notwithstanding the limits of deviation permitted pursuant to article 3...

        5. 39.References to any standards, manuals, contracts, regulations and directives including...

        6. 40.Works outside the Order limits

        7. 41.Prior approvals and security

        8. 42.Construction of the specified works

        9. 43.Payments

        10. 44.Provisional Certificate

        11. 45.Opening

        12. 46.Final condition survey

        13. 47.Defects Period

        14. 48.Final Certificate

        15. 49.Security

        16. 50.Commuted sums

        17. 51.Insurance

        18. 52.Indemnity

        19. 53.Maintenance of the specified works

        20. 54.Land

        21. 55.Expert Determination

    13. SCHEDULE 13

      DOCUMENTS AND PLANS TO BE CERTIFIED

    14. SCHEDULE 14

      DESIGN PARAMETERS

      1. PART 1 DESIGN PARAMETERS ASSOCIATED WITH THE CARBON CAPTURE PLANT FOR UNIT 1

      2. PART 2 DESIGN PARAMETERS ASSOCIATED WITH THE CARBON CAPTURE PLANT FOR UNIT 2

      3. PART 3 DESIGN PARAMETERS ASSOCIATED WITH THE COMMON INFRASTRUCTURE REQUIRED FOR BOTH THE CARBON CAPTURE PLANT FOR UNIT 1 AND THE CARBON CAPTURE PLANT FOR UNIT 2

  11. Explanatory Note

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