Article 3 Disapplication of legislative provisionsI1

England, Wales and Scotland

(1)

The following provisions do not apply in relation to activities carried out for the purpose of, or in connection with, the construction, maintenance, use or decommissioning of the authorised project—

(a)

section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991^f1;

(b)

the provisions of any byelaws made under section 66^f2 (powers to make byelaws) of the Land Drainage Act 1991;

(c)

the provisions of any byelaws made under, or having effect as if made under, paragraph 5 of Schedule 25 (byelaw – making powers of the appropriate agency) to the Water Resources Act 1991^f3;

(d)

regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016^f4 in respect of a flood risk activity only; and

(e)

the provisions of the Neighbourhood Planning Act 2017^f5 insofar as they relate to temporary possession of land under F1articles 31 (temporary use of land for carrying out the authorised project) and 32 (temporary use of land for maintaining the authorised project) of this Order.

(2)

Sections 25 (penalties for improper deposit of hard materials in the river) and 26 (no mud to be cast into the river except as Admiralty direct) of the River Humber Conservancy Act 1852^f6, sections 5 (removal of obstructions) and 9 (licences for execution of works) of the Humber Conservancy Act 1899^f7 and sections 6 (no erections in Humber below river lines or without licence above river lines) and 8 (sand not to be removed from bed or foreshore of River Humber without licence of Commissioners) of the Humber Conservancy Act 1905^f8 do not apply to the authorised project.

Annotations

Textual amendments

F1: Words in art. 3(1)(e) substituted (2.7.2025) by The Associated British Ports (Immingham Green Energy Terminal) (Corrections) Order 2025 (S.I. 2025/781), art. 1, Sch. Table

Commencement

I1: Art. 3 in force at 27.2.2025, see art. 1

Footnotes

f1: 1991 c. 59. Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25), paragraph 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.
f2: Section 66 was amended by paragraph 38 of Schedule 2 to the Flood and Water Management Act 2010, section 86 of the Water Act 2014 (c. 21) and S.I. 2013/755.
f3: 1991 c. 57. Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to, the Marine Coastal Access Act 2009 (c. 23), paragraph 49 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755. Paragraph 6 was amended by paragraph 26 of Schedule 15 to the Environment Act 1995, section 224 of, and paragraph 24 of Schedule 16, and Part 5(B) of Schedule 22 to the Marine and Coastal Access Act 2009 and S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.
f4: S.I. 2016/1154, amended by S.I. 2018/110.
f5: 2017 c. 20.
f6: 1852 c. cxxx.
f7: 1899 c. cci.
f8: 1905 c. clxxix.