The Port Talbot Steelworks Generating Station Order 2015

PART 1 PRELIMINARY

Citation and commencement

1.  This Order may be cited as the Port Talbot Steelworks Generating Station Order 2015 and comes into force on 30th December 2015.

Interpretation

2.—(1) In this Order—

“1961 Act” means the Land Compensation Act 1961(1);

“1965 Act” means the Compulsory Purchase Act 1965(2);

“1980 Act” means the Highways Act 1980(3);

“1990 Act” means the Town and Country Planning Act 1990(4);

“1991 Act” means the New Roads and Street Works Act 1991(5);

“2008 Act” means the Planning Act 2008;

“apparatus” has the same meaning as in Part 3 of the 1991 Act(6);

“authorised development” means the development set out in Schedule 1 (authorised development);

“book of reference” means the document certified by the Secretary of State under article 22 (certification of plans, etc.) as the book of reference;

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in the 1980 Act(7);

“design and access statement” means the document certified by the Secretary of State under article 22 as the design and access statement;

“design principles document” means the document certified by the Secretary of State under article 22 as the design principles document;

“environmental statement” means the document certified by the Secretary of State under article 22 as the environmental statement;

“highway” has the same meaning as in the 1980 Act(8);

“highway authority” has the same meaning as in the 1980 Act(9);

“land plans” means the plans certified by the Secretary of State under article 22 as the land plans;

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct or replace the authorised development, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement; and any derivative of “maintain” must be construed accordingly;

“Order land” means the land required for or affected by the authorised development shown on the land plans and described in the book of reference;

“Order limits” means the limits shown on the works plans;

“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981 (interpretation)(10);

“relevant planning authority” means Neath Port Talbot County Borough Council as the planning authority for the area in which the authorised development is situated;

“Requirement” means a Requirement set out in Schedule 2 (Requirements); and a reference to a numbered Requirement is a reference to the Requirement set out in the paragraph of that Schedule with the same number;

“street” means a street within the meaning of section 48 of the 1991 Act(11) together with land on the verge of a street or between 2 carriageways and includes part of a street;

“substation works” means the modifications to the Grange and Cefn Gwrgan substations comprising Work No. 2(b);

“undertaker” means Tata Steel UK Limited(12) (company number 2280000) or any other person who for the time being has the benefit of this Order in accordance with article 7 (consent to transfer benefit of Order);

“watercourse” includes any river, stream, creek, ditch, drain, canal, cut, culvert, dyke, sluice, sewer and passage through which water flows except a public sewer or drain;

“Work” means a Work set out in Schedule 1; and a reference to a Work designated by a number, or by a combination of letters and numbers (for example, “Work No. 1A”), is a reference to the Work so designated in that Schedule;

“works plans” means the plans certified by the Secretary of State under article 22 as the works plans.

(2) References in this Order to rights over land include references to rights to do or to place and maintain anything in, on or under land or in the air-space above its surface.

(3) All distances, directions and lengths referred to in this Order are approximate, and distances between points on a Work must be taken to be measured along that Work.

(4) In this Order, “includes” must be construed without limitation.

(5) References in this Order to any statutory body include that body’s successor bodies as from time to time have jurisdiction in relation to the authorised development.

(6) All areas described in square metres in the book of reference are approximate.

(1)

1961 c.33.

(2)

1965 c.56.

(3)

1980 c.66.

(4)

1990 c.8.

(5)

1991 c.22.

(6)

“Apparatus” is defined in section 105(1).

(7)

“Carriageway” is defined in section 329(1).

(8)

“Highway” is defined in section 328(1).

(9)

See section 1.

(10)

1981 c.67. The definition was amended by paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34).

(11)

Section 48 was amended by section 124(2) of the Local Transport Act 2008 (c.26).

(12)

The registered office of Tata Steel UK Limited is 30 Millbank, London SW1P 4WY.