The North London Heat and Power Generating Station Order 2017

2.  In this Part—

“code of practice” means the “Code of Practice for Works Affecting the Canal & River Trust” dated April 2016 and as amended from time to time;

“construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

“CRT” means the Canal & River Trust and any successor body performing the same functions which holds or manages any of CRT’s Property within the Order limits;

“CRT’s Property” means each and every part of land owned by CRT (whether beneficially or as trustee of the Waterways Infrastructure Trust) within the Order limits and includes the Waterway and any other land covered with water, sub-soil, air space and waterways;

“detriment” means any damage to the Waterway or any other of CRT’s Property that CRT demonstrates to the reasonable satisfaction of the undertaker that the undertaker has caused by the authorised development or presence of the specified works and, without limiting that meaning, includes:

(a)

the erosion of the bed or banks of the Waterway, or the impairment of the stability of any works, lands or premises forming part of the Waterway;

(b)

the deposit of materials or the siltation of the Waterway so as to damage the Waterway;

(c)

the pollution of the Waterway;

(d)

any significant alteration in the water level of the Waterway, or significant interference with the supply of water to the Waterway, or drainage of water from the Waterway; and

(e)

any harm to the ecology of the Waterway (including any adverse impact on any site of special scientific interest comprised within any of CRT’s Property).

“engineer” means an engineer appointed by CRT for the relevant purposes of this Order (and includes a suitably qualified employee of CRT so appointed);

“plans” includes sections, designs, design data, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), programmes and details of the extent, timing and duration of any proposed use or occupation of any of CRT’s Property;

“specified works” means so much of any of the authorised development to be situated upon, across, under, over or within CRT’s Property, or which may in any way cause detriment to the Waterway;

“Waterway” means each and every part of the River Lee Navigation within the Order limits, together with its waterway wall and towing path, and any pond or other waterway or course situated on CRT’s Property, any works, services, apparatus, equipment, lands (including subsoil) or premises belonging to or under the control of CRT and held or used by it in connection with its statutory functions in relation to the River Lee Navigation.