SCHEDULES
SCHEDULE 5Provision relating to, or to matters ancillary to, development
Part 1The matters
I11
The acquisition of land, compulsorily or by agreement.
I22
The creation, suspension or extinguishment of, or interference with, interests in or rights over land (including rights of navigation over water), compulsorily or by agreement.
I33
The abrogation or modification of agreements relating to land.
I44
Carrying out specified excavation, mining, quarrying or boring operations in a specified area.
I55
The operation of a generating station.
I66
Keeping electric lines installed above ground.
I77
The use of underground gas storage facilities.
I88
The sale, exchange or appropriation of Green Belt land.
I99
Freeing land from any restriction imposed on it by or under the Green Belt (London and Home Counties) Act 1938 (c. xciii), or by a covenant or other agreement entered into for the purposes of that Act.
I1010
The protection of the property or interests of any person.
I1111
The imposition or exclusion of obligations or liability in respect of acts or omissions.
I1212
Carrying out surveys or taking soil samples.
I1313
Cutting down, uprooting, topping or lopping trees or shrubs or cutting back their roots.
I1414
The removal, disposal or re-siting of apparatus.
I1515
Carrying out civil engineering or other works.
I1616
The diversion of navigable or non-navigable watercourses.
I1717
The stopping up or diversion of highways.
I1818
Charging tolls, fares F4(including penalty fares) and other charges.
I1919
The designation of a highway as a trunk road or special road.
I2020
The specification of the classes of traffic authorised to use a highway.
I2121
The appropriation of a highway for which the person proposing to construct or improve a highway is the highway authority.
I2222
The transfer to the person proposing to construct or improve a highway of a highway for which that person is not the highway authority.
I2323
The specification of the highway authority for a highway.
I2424
The operation and maintenance of a transport system.
I2525
Entering into an agreement for the provision of police services.
I2626
The discharge of water into inland waters or underground strata.
F227
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F228
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F229
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F230
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F130A
Deeming a marine licence under Part 4 of the Marine and Coastal Access Act 2009 to have been given by the Secretary of State for activities specified in the order and subject to such conditions as may be specified in the order.
30B
Deeming any such conditions to have been attached to the marine licence by the Secretary of State under that Part.
I2731
The creation of a harbour authority.
I2832
Changing the powers and duties of a harbour authority.
F332A
The making of byelaws by any person and their enforcement.
32B
1
The creation of offences within sub-paragraph (2) in connection with—
a
non-payment of tolls, fares or other charges,
b
a person's failure to give the person's name or address in accordance with provision relating to penalty fares,
c
enforcement of byelaws, or
d
construction, improvement, maintenance or management of a harbour.
2
An offence is within this sub-paragraph if—
a
it is triable only summarily,
b
a person guilty of the offence is not liable to imprisonment, and
c
any fine to which a person guilty of the offence may be liable cannot be higher than level 3 on the standard scale.
I2933
The transfer of property, rights, liabilities, or functions.
I3034
The transfer, leasing, suspension, discontinuance and revival of undertakings.
I3135
The payment of contributions.
I3236
The payment of compensation.
I3337
The submission of disputes to arbitration.
I3438
The alteration of borrowing limits.
Part 2Interpretation
I3539
1
This paragraph applies for the purposes of this Schedule.
2
“Transport system” means any of the following—
a
a railway,
b
a tramway,
c
a trolley vehicle system,
d
a system using a mode of guided transport prescribed by order under section 2 of the Transport and Works Act 1992 (c. 42).
3
“Maintenance”, in relation to a transport system, includes the inspection, repair, adjustment, alteration, removal, reconstruction or replacement of the system.
4
The following terms have the meanings given by section 67(1) (interpretation) of the Transport and Works Act 1992 (c. 42)—
“guided transport”,
“tramway”,
“trolley vehicle system”.