Paragraph 96 InterpretationI1

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable Esso to fulfil its functions as a pipe-line operator in a manner no less efficient than previously and having regard to Esso’s standards for the construction and operation of its pipelines;

• “alternative rights” means new rights for the construction of and for access to and for the use, protection, inspection, maintenance, repair and renewal of apparatus or alternative apparatus including any restrictions on the landowner and occupiers for the protection of the apparatus or alternative apparatus and to allow Esso to perform its functions in a manner no less efficient than under the existing rights and having regard to Esso’s standards for the construction and operation of its pipelines;

• “apparatus” means the pipeline and storage system owned by Esso within or adjacent to the Order limits and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus and includes any ancillary works and apparatus all protective wrappings, valves, sleeves and slabs, cathodic protection units, together with ancillary cables and markers and, where the context allows, includes alternative apparatus;

• “Esso” means Esso Petroleum Company, Limited and any successor in title;

• “existing rights” means the rights and benefits of covenants enjoyed by Esso in land within the Order limits;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land;

• “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary to describe the works to be executed;

• “specified work” means any works that are near to, or will or are likely to affect any apparatus or power supply to any apparatus including—

  1. (a)

     all intrusive or non-intrusive works within 15 metres of any apparatus,

  2. (b)

     the crossing of apparatus by other utilities,

  3. (c)

     the use of explosives within 400 metres of any apparatus (to an extent likely to affect any apparatus), and

  4. (d)

     piling, undertaking of a 3D seismic survey or the sinking of boreholes within 30 metres of any apparatus;

  whether carried out by the undertaker or by any third party at the direction of the undertaker in connection with the authorised development; and

• “works agreement” means an agreement containing sufficient detail as to responsibilities for the design, programming, supervision and carrying out of works under this Part of this Schedule or in connection with the authorised development which affect the apparatus.