# The Eggborough Gas Fired Generating Station Order 2018, Paragraph 17: Interpretation


(1) For the protection of CRT the following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and CRT.
(2) In this Part of this Schedule—
“Code of Practice” means the Code of Practice for Works Affecting the Canal and River Trust (April 2018) or any updates or amendments thereto;
“construction”, in relation to any specified work or protective work, includes—
(a)the execution and placing of that work; and
(b)any relaying, renewal, or maintenance of that work as may be carried out during the period of 24 months from the completion of that work; and “construct” and “constructed” have corresponding meanings;
“CRT” means the Canal & River Trust;
“CRT's network” means CRT's network of waterways;
“detriment” means any damage to the waterway or any other property of CRT caused by the presence of the authorised development and, without prejudice to the generality of that meaning, includes—
(a)any obstruction of, or interference with, or hindrance or danger to, navigation or to any use of the waterway (including towing paths);
(b)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;
(c)the deposit of materials or the siltation of the waterway so as to damage the waterway;
(d)the pollution of the waterway;
(e)any significant alteration in the water level of the waterway, or significant interference with the supply of water thereto, or drainage of water therefrom;
(f)any harm to the ecology of the waterway (including any adverse impact on any site of special scientific interest comprised in CRT's network);
(g)any interference with the exercise by any person of rights over CRT's network;
“the engineer” means an engineer appointed by CRT for the purpose in question;
“plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;
“practical completion” means practical completion of all of the specified work notwithstanding that items which would ordinarily be considered snagging items remain outstanding, and the expression “practically complete” and “practically completed” is to be construed accordingly;
“protective work” means a work constructed under paragraph 21(3)(a);
“specified work” means so much of Work No 4 as is situated upon, across, under, over or within 15 metres of, or may in any way affect the waterway;
“the waterway” means the Aire & Calder Navigation, and includes any works, lands or premises belonging to CRT, or under its management or control, and held or used by CRT in connection with that navigation.
(3) Where the Code of Practice applies to any works or matter that are part of the authorised development or that form part of the protective works and there is an inconsistency between these protective provisions and the Code of Practice, the part of the Code of Practice that is inconsistent with these protective provisions will not apply and these protective provisions will apply.

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Source: https://www.legislation.gov.uk/uksi/2018/1020/schedule/12/paragraph/17 (the official version)
Page: https://openlegislation.uk/eggborough-gas-fired-generating-station-order-2018/schedule-12/paragraph-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

