OpenLegislation

Paragraph 5 Decommissioning and restoration

Original text. Later amendments are not shown.

(1)

Decommissioning works must commence no later than 40 years following the date of the final commissioning of Work No. 1 that is the subject of the last notice given by the undertaker pursuant to requirement 2(3) (phase of authorised development and date of final commissioning).

(2)

No later than 12 months prior to the commencement of any decommissioning works for any part of the authorised development, the undertaker must—

(a)

submit to the local planning authority for approval a decommissioning environmental management plan for that part; and

(b)

submit to the local planning authority for approval in consultation with National Highways (or its successors) a decommissioning traffic management plan for that part.

(3)

No later than year 15 of operation the undertaker must notify the local planning authority that the undertaker has put in place the requisite decommissioning security in the form as required by the landowners.

(4)

The plans submitted and approved under sub-paragraph (2) must be substantially in accordance with the relevant part of the outline DEMP.

(5)

The decommissioning environmental management plan submitted and approved must include a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials.

(6)

No decommissioning works must be carried out until the local planning authority approves the plans submitted in relation to such works are approved as set out on subparagraph (2).

(7)

The plans submitted to and approved pursuant to sub-paragraph (2) must be implemented as approved for the works required to decommission that phase of the authorised development unless otherwise approved in writing.

(8)

This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development.