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The National Grid (Hinkley Point C Connection Project) Order 2016

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

    1. 3.Development consent etc. granted by the Order

    2. 4.Maintenance of authorised development

    3. 5.Limits of deviation

    4. 6.Benefit of Order

    5. 7.Consent to transfer benefit of Order

    6. 8.Application of the 1990 Act

    7. 9.Application of the Community Infrastructure Levy Regulations 2010

  4. PART 3

    1. 10.Street works

    2. 11.Application of the 1991 Act

    3. 12.Power to alter layout, etc. of streets

    4. 13.Temporary stopping up of streets and public rights of way

    5. 14.Access to works

    6. 15.Agreements with street authorities

  5. PART 4

    1. 16.Discharge of water

    2. 17.Protective work to buildings

    3. 18.Authority to survey and investigate the land

  6. PART 5

    1. 19.Compulsory acquisition of land

    2. 20.Compulsory acquisition of land – incorporation of the mineral code

    3. 21.Time limit for exercise of authority to acquire land compulsorily

    4. 22.Compulsory acquisition of rights

    5. 23.Extinguishment and suspension of private rights

    6. 24.Extinguishment of private rights and restrictive covenants relating to apparatus belonging to National Grid or WPD removed from land subject to temporary possession

    7. 25.Application of the Compulsory Purchase (Vesting Declarations) Act 1981

    8. 26.Acquisition of subsoil or air-space only

    9. 27.Acquisition of part of certain properties

    10. 28.Rights under or over streets

    11. 29.Temporary use of land by National Grid

    12. 30.Temporary use of land by WPD

    13. 31.Temporary use of land for maintaining the authorised development

    14. 32.Crown rights

    15. 33.Statutory undertakers

    16. 34.Recovery of costs of new connections

  7. PART 6

    1. 35.Deemed Marine Licence

    2. 36.Application of landlord and tenant law

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

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

    5. 39.Temporary closure of, and works in, the River Avon

    6. 40.Traffic regulation

    7. 41.Felling or lopping of trees

    8. 42.Trees subject to Tree Preservation Orders

    9. 43.Protection of interests

    10. 44.Certification of plans etc.

    11. 45.Service of notices

    12. 46.Procedure regarding certain approvals etc.

    13. 47.Amendment of local legislation

    14. 48.No double recovery

    15. 49.Arbitration

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. 400kV OVERHEAD ELECTRIC LINE

      2. 400kV UNDERGROUND CABLES

      3. SANDFORD 400/132kV SUBSTATION

      4. WPD 132kV WORKS

      5. SEABANK 400kV SUBSTATION

      6. HINKLEY LINE ENTRIES

      7. OTHER ASSOCIATED DEVELOPMENT

    2. SCHEDULE 2

      1. PART 1 ACCESS AND RIGHTS OF WAY PLANS

      2. PART 2 DESIGN DRAWINGS

      3. PART 3 LAND PLANS

      4. PART 4 PUBLIC RIGHTS OF NAVIGATION PLAN

      5. PART 5 SPECIAL CATEGORY LAND AND CROWN LAND PLANS

      6. PART 6 TRAFFIC REGULATION PLANS

      7. PART 7 TREES AND HEDGES TO BE REMOVED OR AFFECTED PLANS

      8. PART 8 WORKS PLANS

      9. PART 9 LANDSCAPE DRAWINGS

      10. PART 10 OTHER PLANS AND DRAWINGS

    3. SCHEDULE 3

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Time limits

      3. 3.Design drawings

      4. 4.Stages of authorised development

      5. 5.Construction Environmental Management Plan

      6. 6.Approval and implementation of construction mitigation plans

      7. 7.Construction hours

      8. 8.Control of artificial light emissions

      9. 9.Provision of embedded landscape mitigation and landscaping schemes

      10. 10.Replacement planting

      11. 11.Implementation of landscaping and replacement planting

      12. 12.Retention and protection of existing trees and hedgerows

      13. 13.Bird flight diverters

      14. 14.Bat mitigation measures

      15. 15.Reinstatement schemes

      16. 16.Fencing and other means of enclosure

      17. 17.Surface water drainage

      18. 18.Contaminated land and groundwater

      19. 19.Inspection of temporary watercourses

      20. 20.Removal of temporary bridges and culverts

      21. 21.Accumulation and deposits

      22. 22.Highway works

      23. 23.HGV traffic

      24. 24.Scheme of marking

      25. 25.Highway signage plans

      26. 26.Traffic Incident Management Plan

      27. 27.Travel Plan

      28. 28.Seabank substation flood defences

      29. 29.Control of operational noise at Sandford substation

      30. 30.River Axe crossing

      31. 31.Residential amenity: information dissemination and complaints handling

      32. 32.Approval of external appearances etc. of permanent structures

      33. 33.Clearance over main rivers

      34. 34.Decommissioning

      35. 35.Removal of WPD Works

      36. 36.Colour of T-pylons

      37. 37.Construction compounds

      38. 38.Design Approach to Site Specific Infrastructure

      39. 39.Overhead line conductors

      40. 40.Assessment of noise impacts

      41. 41.Assessment of vibration impacts

      42. 42.St Anthony’s Park travellers’ site

      43. 43.Site Specific Mitigation Scheme

      44. 44.Bat Special Areas of Conservation

      45. 45.England Coast path

      46. 46.Avonmouth Sewage Treatment Works

    4. SCHEDULE 4

      DISCHARGE OF REQUIREMENTS

      1. 1.Applications made under Requirements

      2. 2.Fees

      3. 3.Appeals

      4. 4.Outcome of appeals

      5. 5.Interpretation of Schedule 4

    5. SCHEDULE 5

      STREETS SUBJECT TO STREET WORKS

    6. SCHEDULE 6

      STREETS SUBJECT TO ALTERATION OF LAYOUT

      1. PART 1 STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT

      2. PART 2 STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT

    7. SCHEDULE 7

      STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP

      1. PART 1 STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP FOR WHICH A DIVERSION IS TO BE PROVIDED

      2. PART 2 STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP FOR WHICH NO DIVERSION IS TO BE PROVIDED

    8. SCHEDULE 8

      EXTINGUISHMENT OF PRIVATE RIGHTS AND RESTRICTIVE COVENANTS RELATING TO APPARATUS BELONGING TO NATIONAL GRID OR WPD REMOVED FROM LAND SUBJECT TO TEMPORARY POSSESSION

      1. PART 1 NATIONAL GRID

      2. PART 2 WESTERN POWER DISTRIBUTION

    9. SCHEDULE 9

      DEEMED MARINE LICENCE

      1. PART 1 INTRODUCTORY

        1. 1.Interpretation

        2. 2.Addresses

      2. PART 2 LICENSED ACTIVITIES

        1. 3.Subject to the licence conditions in Part 4 of this...

        2. 4.In this licence, “authorised development” means— (a) Work No. 1G...

      3. PART 3 ENFORCEMENT

        1. 5.Any breach of this licence does not constitute a breach...

      4. PART 4 CONDITIONS

        1. 6.For such of the licensable marine activities that involve the...

        2. 7.Should the licence holder become aware that any of the...

        3. 8.Prior to the commencement of the works

        4. 9.The licence holder must inform the MMO and Environment Agency...

        5. 10.The licence holder must ensure that it inform the MMO...

        6. 11.The licence holder must inform the MMO Local Office in...

        7. 12.The licence holder must inform the relevant harbour authorities in...

        8. 13.Upon commencement of the works

        9. 14.Should vessels be used on the surface of the water:...

        10. 15.The licence holder must ensure that any coatings and treatments...

        11. 16.The licence holder must ensure suitable bunding or storage facilities...

        12. 17.The licence holder must ensure that any oil, fuel or...

        13. 18.Any construction materials that are misplaced below mean high water...

        14. 19.The licence holder must ensure that the MMO Local Office...

        15. 20.The licence holder must ensure that any equipment, temporary structures,...

        16. 21.(1) The licence holder must ensure that if maintenance is...

    10. SCHEDULE 10

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      1. 1.Compensation enactments

      2. 2.(1) Without limitation on the scope of paragraph (1), the...

      3. 3.Application of the 1965 Act

      4. 4.For section 7 of the 1965 Act (measure of compensation)...

      5. 5.For section 8 of the 1965 Act (provisions as to...

      6. 6.The following provisions of the 1965 Act (which state the...

      7. 7.Section 11 of the 1965 Act (powers of entry) is...

      8. 8.Section 20 of the 1965 Act (protection for interests of...

      9. 9.Section 22 of the 1965 Act (protection of acquiring authority’s...

    11. SCHEDULE 11

      LAND WHICH MAY BE COMPULSORILY ACQUIRED

    12. SCHEDULE 12

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

      1. PART 1 NATIONAL GRID

      2. PART 2 WESTERN POWER DISTRIBUTION

    13. SCHEDULE 13

      TRAFFIC REGULATION

      1. PART 1 TEMPORARY PROHIBITION OF VEHICULAR ACCESS AND NO WAITING AND SPEED RESTRICTION

      2. PART 2 TEMPORARY PROHIBITION OF VEHICULAR ACCESS AND NO WAITING RESTRICTION

      3. PART 3 NO WAITING RESTRICTION

    14. SCHEDULE 14

      TREES SUBJECT TO TREE PRESERVATION ORDERS

    15. SCHEDULE 15

      PROTECTIVE PROVISIONS

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

        1. 1.The provisions of this Part have effect for the protection...

        2. 2.In this Part— “alternative apparatus” means alternative apparatus adequate to...

        3. 3.This Part does not apply to apparatus in respect of...

        4. 4.Despite any provision in this Order or anything shown on...

        5. 5.(1) If, in the exercise of the powers conferred by...

        6. 6.(1) Not less than 28 days before starting the execution...

        7. 7.(1) Subject to the following provisions of this paragraph, the...

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

        1. 8.(1) The provisions of this Part have effect for the...

        2. 9.The exercise of the powers in article 33 (statutory undertakers)...

        3. 10.(1) Subject to sub-paragraphs (2) to (3), if as the...

        4. 11.This Part does not apply to— (a) any apparatus in...

        5. 12.Nothing in this Part affects the provisions of any enactment...

      3. PART 3 PROTECTION FOR HIGHWAYS AND TRAFFIC

        1. 13.The provisions of this Part have effect unless otherwise agreed...

        2. 14.(1) In this Part— “approved”, in relation to plans, means...

        3. 15.In exercising the powers conferred by this Order in relation...

        4. 16.(1) The undertaker must not, without the consent of the...

        5. 17.The undertaker must not under the powers conferred by or...

        6. 18.(1) Before commencing the construction of, or the carrying out...

        7. 19.Any officer of the relevant highway authority duly appointed for...

        8. 20.(1) The undertaker must not alter, disturb or in any...

        9. 21.The undertaker must not remove any soil or material from...

        10. 22.(1) If the relevant highway authority, after giving to the...

        11. 23.(1) The undertaker must not, except with the consent of...

        12. 24.The undertaker must not, except with the consent of the...

        13. 25.The undertaker must, if reasonably so required by the relevant...

        14. 26.(1) Where any part of any highway has been broken...

        15. 27.If any damage to any highway or any property of...

        16. 28.The fact that any act or thing may have been...

        17. 29.Any difference arising between the undertaker and the relevant highway...

      4. PART 4 PROTECTION FOR RAILWAY INTERESTS

        1. 30.The provisions of this Part have effect unless otherwise agreed...

        2. 31.In this Part— “construction” includes execution, placing, alteration and reconstruction...

        3. 32.(1) Where under this Part Network Rail is required to...

        4. 33.(1) The undertaker must before commencing construction of any specified...

        5. 34.(1) Any specified work and any protective works to be...

        6. 35.The undertaker must— (a) at all times afford reasonable facilities...

        7. 36.Network Rail must at all times afford reasonable facilities to...

        8. 37.(1) If any permanent or temporary alterations or additions to...

        9. 38.The undertaker must pay to Network Rail all reasonable fees,...

        10. 39.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        11. 40.If at any time after the completion of a specified...

        12. 41.The undertaker must not provide any illumination or illuminated sign...

        13. 42.Any additional expenses which Network Rail may reasonably incur in...

        14. 43.(1) The undertaker must— (a) pay to Network Rail all...

        15. 44.Network Rail must, on receipt of a request from the...

        16. 45.In the assessment of any sums payable to Network Rail...

        17. 46.The undertaker and Network Rail may, subject in the case...

        18. 47.Nothing in this Order, or in any enactment incorporated with...

        19. 48.The undertaker must no later than 28 days from the...

      5. PART 5 PROTECTION FOR FIRST CORPORATE SHIPPING LIMITED

        1. 49.The provisions of this Part have effect unless otherwise agreed...

        2. 50.Definitions

        3. 51.Compliance with design drawings

        4. 52.Access, streets and public rights of way

        5. 53.Watercourses and drainage

        6. 54.Surveys

        7. 55.Use of land and execution, maintenance and use of the authorised development

        8. 56.The undertaker must before commencing the construction of any ancillary...

        9. 57.(1) Neither National Grid nor WPD must exercise any powers...

        10. 58.(1) Neither National Grid nor WPD must exercise any powers...

        11. 59.(1) Unless BPC agrees otherwise, National Grid and WPD must...

        12. 60.In the execution and maintenance of the authorised development under...

        13. 61.BPC’s apparatus

        14. 59.Trees and other vegetation

        15. 60.General

      6. PART 6 PROTECTION FOR THE PORT AUTHORITY

        1. 61.The provisions of this Part have effect unless otherwise agreed...

        2. 62.Definitions

        3. 63.Tidal works: approval of detailed design

        4. 64.Tidal works and temporary closure of the river Avon: notification requirements

        5. 65.Communication plan

        6. 66.General provisions as to construction of works including inspection

        7. 67.Navigational safety, lights, buoys, etc.

        8. 68.Obstruction in the river

        9. 69.Disputes

      7. PART 7 PROTECTION FOR THE ENVIRONMENT AGENCY

        1. 70.The provisions of this Part have effect unless otherwise agreed...

        2. 71.(1) In this Part— “Agency” means the Environment Agency; “Byelaws”...

        3. 72.The undertaker must not open or close or interfere with...

        4. 73.(1) The undertaker must give the Agency at least 28...

        5. 74.(1) The undertaker must give at least 28 days’ written...

        6. 75.(1) If by reason of the storage or deposit of...

        7. 76.Unless otherwise agreed, any dispute or difference arising between the...

      8. PART 8 PROTECTION FOR RWE GENERATION UK PLC

        1. 77.The provisions of this Part have effect unless otherwise agreed...

        2. 78.In this Part— “apparatus” means any of the following apparatus...

        3. 79.Despite any provision of this Order or anything shown on...

        4. 80.If, in the exercise of the powers conferred by this...

        5. 81.(1) Not less than 56 days before starting the execution...

        6. 82.The undertaker must pay to RWE the proper and reasonable...

        7. 83.(1) Subject to sub-paragraph (3), if by reason, or in...

      9. PART 9 PROTECTION FOR CLH PIPELINE

        1. 84.The provisions of this Part have effect for the protection...

        2. 85.In this Part— “alternative apparatus” means alternative apparatus adequate to...

        3. 86.Despite any provision of this Order or anything shown on...

        4. 87.(1) If, in the exercise of the powers conferred by...

        5. 88.(1) Not less than 28 days before starting the execution...

        6. 89.(1) Subject to the following provisions of this paragraph, the...

    16. SCHEDULE 16

      AMENDMENT OF LOCAL LEGISLATION

      1. PART 1 LOCAL ENACTMENTS

      2. PART 2 BYELAWS

  10. Explanatory Note

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