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The Morlais Demonstration Zone Order 2021

W.S.I. 2021/1478 · Made 17 December 2021

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Transport And Works, Wales

Made 17 December 2021

Coming into force 22 December 2021

An application has been made to the Welsh Ministers in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006f1 for an Order under sections 3 and 5 of the Transport and Works Act 1992f2 (“the 1992 Act”).

The Welsh Ministers caused an inquiry to be held for the purposes of the application under section 11 of the 1992 Act.

The Welsh Ministers, having considered the objections made and not withdrawn and the report of the person who held the inquiry have determined to make an Order giving effect to proposals comprised in the application with modifications which in the opinion of the Welsh Ministers make a substantial change to the proposals.

The Welsh Ministers having considered representations duly made under section 13 of the 1992 Act, has determined to make the Order applied for with modifications. Notice of the Welsh Ministers determination was published in the London Gazette on 17 December 2021.

The Welsh Ministers in exercise of the powers conferred on the Secretary of State by sections 3 and 5 of, and paragraphs 2, 3, 4, 5, 7, 8, 11, 15, 16 and 17 of Schedule 1 to, the 1992 Act, now exercisable by themf3 make the following Order.

Annotations to the whole text

Footnotes

f1

S.I. 2006/1466, amended by S.I. 2010/439, S.I. 2011/556, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2012/2590 and S.I. 2013/755.

f2

1992 c. 42; section 3 was amended by paragraphs 51 and 53 of Schedule 2 to the Planning Act 2008 (c. 29), section 5 was amended by S.I. 2012/1659.

f3

Powers under sections 3 and 5 of, and paragraphs 3, 4, 5, 7, 8, 1l, 15, 16, and 17 of Schedule l to the 1992 Act are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously vested in the National Assembly for Wales by virtue of article 2 and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32), they were transferred to the Welsh Ministers.

Contents

  1. Part 1: Preliminary
  2. 1Citation and Commencement
  3. 2Interpretation
  4. Part 2: Works Provisions
  5. Principal powers
  6. 3Power to construct maintain, repower and decommission works
  7. 4Power to deviate
  8. 5Power to operate
  9. 6Benefit of the Order
  10. Streets
  11. 7Power to execute street works
  12. 8Temporary stopping up of streets
  13. 9Access to works
  14. 10Agreements with street authorities
  15. 11Use of private roads for construction
  16. Supplemental powers
  17. 12Discharge of water
  18. 13Protective works to buildings
  19. 14Power to survey and investigate land
  20. 15Saving for Marine and Coastal Access Act 2009
  21. 16Power to dredge
  22. 17Provision against danger to navigation
  23. 18Abatement of tidal works abandoned or destroyed
  24. 19Survey of tidal works
  25. 20Lights on tidal works
  26. 21Safety of navigation
  27. Part 3: Acquisition and Possession of Land
  28. Powers of acquisition
  29. 22Power to acquire land
  30. 23Power to acquire new rights and impose restrictive covenants
  31. 24Application of Part 1 of the Compulsory Purchase Act 1965
  32. 25Application of the 1981 Act
  33. 26Power to Acquire Subsoil Only
  34. 27Rights under or over streets
  35. Temporary Possession of Land
  36. 28Temporary use of land for construction of works
  37. 29Temporary use of land for maintenance of works
  38. 30Incorporation of the mineral code
  39. 31Protection of rights to fish
  40. Compensation
  41. 32Disregard of certain interests and improvements
  42. 33Set-off for enhancement in value of retained land
  43. Supplementary
  44. 34Power to override easements and other rights
  45. 35Private rights over land
  46. 36Time limit for exercise of powers of acquisition
  47. Part 4: Miscellaneous and General
  48. 37Disapplication of legislative provisions
  49. 38Defence to proceedings in respect of statutory nuisance
  50. 39Planning permission and supplementary matters
  51. 40Power to lop trees overhanging the authorised works and removal of hedgerows
  52. 41Application of landlord and tenant law
  53. 42Obstruction of construction of authorised works
  54. 43Safety zones for navigation, trawling and anchoring
  55. 44Statutory undertakers and protective provisions etc
  56. 45Protection of interests
  57. 46Certification of plans etc
  58. 47Service of notices
  59. 48No double recovery
  60. 49Arbitration
  61. 50Saving for Trinity House
  62. 51The Neighbourhood Planning Act 2017
  63. Signature
  64. Schedule 1
  65. 1Authorised Works
  66. Part 2: Further Works
  67. CHAPTER 1
  68. CHAPTER 2
  69. Part 3: Area for Tidal Works
  70. Array Area, export cable corridor, and restricted areas
  71. 4Documents to be submitted and approved by the Welsh Ministers
  72. Schedule 2Additional land which may be acquired or used
  73. Schedule 3Streets Subject to Street Works
  74. Schedule 4Streets to be Temporarily Stopped Up
  75. Schedule 5Access to Works
  76. Schedule 6
  77. 1Land in which only new rights may be acquired
  78. 2Land over which restrictive covenants may be imposed
  79. Schedule 7: Modification of Compensation and Compulsory Purchase Enactments for Creation of New Rights and the Imposition of Restrictive Covenants
  80. 1Compensation enactments
  81. 2Compensation enactments
  82. 3Compensation enactments
  83. 4Application of the 1965 Act
  84. 5Application of the 1965 Act
  85. 6The 1981 Act
  86. 7The 1981 Act
  87. Schedule 8Land of which only subsoil more than 9 metres beneath surface may be acquired
  88. Schedule 9Land of which Temporary Possession may be taken
  89. Schedule 10: Provisions relating to Statutory Undertakers etc
  90. 1Apparatus of statutory undertakers etc on land acquired
  91. 2Apparatus of statutory undertakers etc in stopped up streets
  92. 3Railway and navigation undertakings
  93. Schedule 11: Protective Provisions
  94. Part 1: Protection of electricity, gas, water and sewerage undertakers
  95. 1Paragraph 1
  96. 2Paragraph 2
  97. 3Paragraph 3
  98. 4Paragraph 4
  99. 5Paragraph 5
  100. 6Paragraph 6
  101. 7Paragraph 7
  102. 8Paragraph 8
  103. 9Paragraph 9
  104. 10Paragraph 10
  105. Part 2: Protection of Network Rail Infrastructure Limited
  106. 11Paragraph 11
  107. 12Paragraph 12
  108. 13Paragraph 13
  109. 14Paragraph 14
  110. 15Paragraph 15
  111. 16Paragraph 16
  112. 17Paragraph 17
  113. 18Paragraph 18
  114. 19Paragraph 19
  115. 20Paragraph 20
  116. 21Paragraph 21
  117. 22Paragraph 22
  118. 23Paragraph 23
  119. 24Paragraph 24
  120. 25Paragraph 25
  121. 26Paragraph 26
  122. 27Paragraph 27
  123. 28Paragraph 28
  124. 29Paragraph 29
  125. 30Paragraph 30
  126. Part 3: Protection of operators of electronic communications code networks
  127. 31Paragraph 31
  128. 32Paragraph 32
  129. 33Paragraph 33
  130. Explanatory note