Article 2 InterpretationI1

In this Order, unless otherwise stated—

• “the 1961 Act” means the Land Compensation Act 1961^f1;

• “the 1965 Act” means the Compulsory Purchase Act 1965^f2;

• “the 1968 Act” means the Port of London Act 1968^f3;

• “the 1980 Act” means the Highways Act 1980^f4;

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981^f5;

• “the 1984 Act” means the Road Traffic Regulation Act 1984^f6;

• “the 1990 Act” means the Town and Country Planning Act 1990^f7;

• “the 1991 Act” means the New Roads and Street Works Act 1991^f8;

• “the 1994 agreement” means the agreement made under section 106 (planning obligations) of the 1990 Act between the Mayor and Burgesses of the London Borough of Bexley and TWUL dated 21 July 1994;

• “the 2005 Agreement” means the agreement made under section 106 (planning obligations) of the 1990 Act between the Mayor and Burgesses of the London Borough of Bexley, Tilfen Land Limited and Gallions Housing Association Limited dated 24 January 2005;

• “the 2008 Act” means the Planning Act 2008^f9;

• “the 2009 Act” means the Marine and Coastal Access Act 2009^f10;

• “access and rights of way plan” means the plan of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the access and rights of way plan for the purposes of this Order;

• “address” includes any number or address used for the purposes of electronic transmission;

• “AOD” means above ordnance datum;

• “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act save that “apparatus” further includes pipelines (and parts of them), heat pipework, aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables, telecommunications equipment and electricity cabinets;

• “authorised development” means the development described in Schedule 1 (authorised development) and any other development within the meaning of section 32 (meaning of “development”) of the 2008 Act authorised by this Order;

• “authorised navigational channel of the river Thames” means the authorised navigational channel of the river Thames located within the boundaries of the authorised navigational channel shown on the works plans;

• “authorised person” means an employee, agent, contractor or subcontractor of the London Borough of Bexley;

• “book of reference” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the book of reference for the purposes of this Order;

• “Belvedere Power Station jetty” means the existing jetty, conveyor bridge, intake shaft (but not the intake tunnel) and associated piles, dolphins and supports contained within plots 1-107, 1-110, 1-111 and 1-118 on the land plans, and the associated barge berth located within plot 1-113;

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

• “business day” means any day apart from Saturday, Sunday or any statutory English bank or public holiday;

• “carriageway” has the same meaning as in the 1980 Act;

• “commence” means beginning to carry out any material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out for the purposes of the authorised development other than the permitted preliminary works and the words “commencement” and “commenced” are to be construed accordingly;

• “commissioning” means the process of assuring that all systems and components of the authorised development or part of the authorised development (which are installed or installation is near to completion) are tested to verify that they function and are operable in accordance with design objectives, specifications and operational requirements of the undertaker and “commission” is to be construed accordingly;

• “compulsory acquisition notice” means a notice served in accordance with section 134 (notice of authorisation of compulsory acquisition) of the 2008 Act;

• “crossness local nature reserve” means the crossness local nature reserve as designated at the date of the making of this Order;

• “crossness local nature reserve as extended” means the land marked on the extended crossness local nature reserve plan as ‘Extended Crossness (LNR)’;

• “date of final commissioning” means the date on which the commissioning of the authorised development (or any part of the authorised development as the context requires) is completed as notified as such by the undertaker to the relevant planning authority pursuant to requirement 6 (notice of date of final commissioning);

• “deemed marine licence” means the marine licence set out in Schedule 11 (deemed marine licence);

• “design principles and design code” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the design principles and design code for the purposes of this Order;

• “electronic communication” has the meaning given in section 15(1) (general interpretation) of the Electronic Communications Act 2000;

• “electronic transmission” means a communication transmitted—

  1. (a)

     by means of an electronic communications network; or

  2. (b)

     by other means provided it is in an electronic form;

• “environmental statement” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the environmental statement for the purposes of this Order;

• “extended crossness local nature reserve plan” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the extended crossness local nature reserve plan for the purposes of this Order;

• “flood risk activity” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016^f11;

• “flood risk assessment” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the flood risk assessment for the purposes of this Order;

• “footpath” and “footway” have the same meaning as in the 1980 Act;

• “framework construction traffic management plan” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the framework construction traffic management plan for the purposes of this Order;

• “highway” and “highway authority” have the same meaning as in the 1980 Act;

• “land plans” means the plans of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the land plans for the purposes of this Order;

• “lead local flood authority” has the meaning in section 6(7) (other definitions) of the Flood and Water Management Act 2010^f12;

• “limits of deviation” means—

  1. (a)

     the limits of deviation shown for each numbered work on the works plans; and

  2. (b)

     in the case of Work No. 4C, dredging to a depth of – 11.00m chart datum and within the dredging co-ordinates shown on the works plans;

• “maintain” includes inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part of the authorised development, but only insofar as such activities do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement and “maintenance” and “maintaining” are to be construed accordingly;

• “Middleton Jetty” means the structures labelled as forming the Middleton Jetty as shown on the works plans;

• “MMO” means the Marine Management Organisation;

• “Order land” means the land shown on the land plans which is within the limits of land to be acquired or used and is described in the book of reference;

• “Order limits” means the limits of land to be acquired permanently or used temporarily as shown on the land plans, and the limits of land within which the authorised development, as shown on the works plans, may be carried out;

• “outline landscape, biodiversity, access and recreation delivery strategy” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline landscape, biodiversity, access and recreation delivery strategy for the purposes of this Order;

• “outline code of construction practice” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline code of construction practice for the purposes of this Order;

• “outline drainage strategy” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline drainage strategy for the purposes of this Order;

• “outline emergency preparedness and response plan” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline emergency preparedness and response plan for the purposes of this Order;

• “outline lighting strategy” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline lighting strategy for the purposes of this Order;

• “outline site waste management plan” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline site waste management plan for the purposes of this Order;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981^f13;

• “permit scheme” means the permit scheme contained in the Schedule to the Traffic Management (London Borough of Bexley) Permit Scheme 2012^f14 or any replacement permit scheme which applies to streets within the Order limits that is made under Part 3 (Permit Schemes) of the Traffic Management Act 2004^f15;

• “permitted preliminary works” means environmental surveys and monitoring, investigations for the purpose of assessing ground conditions (including the making of trial boreholes), archaeological surveys and investigations, the creation of new ditches and the enhancement of existing ditches, receipt and erection of construction plant and equipment, erection of any temporary means of enclosure, the temporary display of site notices or advertisements, establishment of laydown areas and welfare facilities, erection of construction fencing, diversion and laying of underground apparatus, site clearance including vegetation clearance, and Work No. 3;

• “the PLA” means the Port of London Authority;

• “PLA General Directions” means the general directions made under section 111 of the 1968 Act and under the provisions of the Pilotage Act 1987^f16 which came into force on 1 November 2024;

• “Port of London Harbour Revision Order” means any harbour revision order made pursuant to the application for the harbour revision order under section 14 of the Harbours Act 1964(d) submitted by the PLA to the Marine Management Organisation on 7 April 2020;

• “Pre-2032 WRWA Underlease Determination Event” means, during the period prior to (and including) 4 October 2032, the termination of the WRWA Underlease (otherwise than in circumstances where the WRWA Lease is terminated at the same time as the WRWA Underlease);

• “preliminary navigation risk assessment” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the preliminary navigation risk assessment for the purposes of this Order;

• “Post-2032 WRWA Underlease Determination Event” means, during the period from (and including) 5 October 2032, the termination of the WRWA Underlease (otherwise than in circumstances where the WRWA Lease is terminated at the same time as the WRWA Underlease);

• “relevant planning authority” means the London Borough of Bexley;

• “relevant highway authority” means the London Borough of Bexley;

• “Riverside 1” means the energy from waste facility that is operated by RRRL;

• “Riverside 2” means the energy from waste facility to be constructed and operated pursuant to Work No. 1 of the REP Order;

• “REPL” means Riverside Energy Park Limited (company number 11536739) whose registered office is at Level 5, 10 Dominion Street, London, EC2M 2EF, together with its successors in title from time to time of the freehold of any part of the REPL land (as defined in Schedule 12 Part 8 paragraph 108) save to the extent that any such successor in title is the undertaker;

• “REP Order” means the Riverside Energy Park Order 2020^f17;

• “requirements” means those matters set out in Schedule 2 (requirements);

• “RRRL” means Riverside Resource Recovery Limited (company number 03723386) whose registered office is at Level 5, 10 Dominion Street, London, EC2M 2EF, together with its successors in title from time to time of the freehold of any part of the RRRL land (as defined in Schedule 12 Part 9 paragraph 120) save to the extent that any such successor in title is the undertaker;

• “RRRL Entity” means (on a several basis) each of RRRL, and—

  1. (a)

     prior to the earlier to occur of a Pre-2032 WRWA Underlease Determination Event and 5 October 2032, WRWA (for the purposes of paragraphs 122(a) and 130 of Part 9 of Schedule 12 only);

  2. (b)

     where a Pre-2032 WRWA Underlease Determination Event has occurred, WRWA (for any period in which WRWA (or WRWA’s nominee) is not a successor in title to RRRL in respect of the freehold of all the RRRL land which is held by RRRL immediately prior to the Pre-2032 WRWA Underlease Determination Event);

  3. (c)

     where a Pre-2032 WRWA Underlease Determination Event has occurred, WRWA (or its nominee) (for any period in which WRWA (or WRWA’s nominee) has ownership of RRRL or is a successor in title to RRRL in respect of the freehold of RRRL land); and

  4. (d)

     where a Post-2032 WRWA Underlease Determination Event has occurred, WRWA (for the duration of the WRWA Lease) unless and until the WRWA Underlease is restored;

• “statutory undertaker” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act and includes a public communications provider defined by section 151(1) (interpretation of Chapter I) of the Communications Act 2003^f18;

• “street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any public right of way and “street” includes any part of a street;

• “street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

• “TWUL” means Thames Water Utilities Limited (company number 02366661) whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire RG1 8DB;

• “traffic regulation measures plan” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the traffic regulation measures plan for the purposes of this Order;

• “undertaker” means, subject to articles 9 (benefit of this Order) and 10 (consent to transfer benefit of this Order), Cory Environmental Holdings Limited (company number 05360864) whose registered office is at Level 5, 10 Dominion Street, London, England, EC2M 2EF;

• “watercourse” includes all rivers, streams, creeks, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

• “WRWA” means the Western Riverside Waste Authority of Smugglers Way Transfer Station, Smugglers Way, Wandsworth, London, SW18 1JS;

• “WRWA Lease” means the lease between RRRL and WRWA dated 31 July 2008, as amended from time to time;

• “WRWA Underlease” means the underlease between WRWA and RRRL dated 31 July 2008, as amended from time to time; and

• “works plans” means the plans of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the works plans for the purposes of this Order.

The definitions in paragraph (1) do not apply to the deemed marine licence except where expressly provided for in the deemed marine licence.

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 airspace above its surface and to any trusts or incidents (including restrictive covenants) to which the land is subject and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or over which rights are created and acquired under this Order or is otherwise comprised in this Order.

All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

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

References in this Order to numbered works are references to the works numbered in Schedule 1 (authorised development).

References to “Schedule” are, unless otherwise stated, references to Schedules to this Order.

References to “land” include land under water and on the riverbed.

The expression “includes” is to be construed without limitation.

References to any statutory body include any body’s successor in respect of functions which are relevant to this Order.

References in this Order to “part of the authorised development” means all or part of any numbered work.