# The Net Zero Teesside Order 2024, Paragraph 231: Consent to works in the shared area

Extent: E+W+S

(1) Where the consent or agreement of Anglo American is required under the provisions of this Part of this Schedule the undertaker must give at least 21 days written notice to Anglo American of the request for such consent or agreement and in such notice must specify the works or matter for which consent or agreement is to be requested and the Plans that will be provided with the request which must identify—
(a) the land that will or may be affected;
(b) which Works Nos. from the Order any powers sought to be used or works to be carried out relate to;
(c) which of the entities which make up the undertaker is to carry out the works and the identity of the contractors carrying out the work on behalf of that entity;
(d) the proposed programme for the power to be used or works to be carried out; and
(e) the named point of contact for the undertaker for discussions in relation to the information supplied and the consenting process.
(2) Anglo American must notify the undertaker within 14 days of the receipt of the written notice under sub-paragraph (1) of—
(a) any information it reasonably requires to be provided in addition to that proposed to be supplied by the undertaker under sub-paragraph (1);
(b) any particular circumstances with regard to the construction or operation of the Woodsmith Project it requires to be taken into account;
(c) the named point of contact for Anglo American for discussions in relation to the information supplied and the consenting process; and
(d) the specific person who will be responsible for confirming or refusing the consent or agreement.
(3) Any request for consent under paragraphs 232(1), 233(1) and 233(2) must be accompanied by the information referred to in sub-paragraph (1) as amended or expanded in response to sub-paragraph (2).
(4) Subject to sub-paragraph (5), where conditions are included in any consent granted by Anglo American pursuant to this Part of this Schedule, the undertaker must comply with the conditions if it chooses to implement or rely on the consent, unless the conditions are waived or varied in writing by Anglo American.
(5) Wherever in this Part of this Schedule provision is made with respect to the agreement approval or consent of Anglo American, that approval or consent must be in writing and subject to such reasonable terms and conditions as Anglo American may require including conditions requiring protective works to be carried out, but must not be unreasonably refused or delayed and for the purposes of these provisions it will be deemed to be reasonable for any consent to be refused if it would—
(a) compromise the safety and operational viability of the Woodsmith Project;
(b) prevent the ability of Anglo American to have uninterrupted access to the Woodsmith Project;
(c) cause a breach of the obligations under, or conditions attached to, the EA Permit or render compliance with the obligations under, or conditions attached to, the EA Permit—
(i) more difficult; and/or
(ii) more expensive;
(d) make regulatory compliance more difficult or expensive; and/or
(e) cause a breach of, or prevent compliance with, any obligations to other parties contained in any Property Documents,
provided that before Anglo American can validly refuse consent for any of the reasons set out in sub-paragraphs (a) to (e) it must first give the undertaker seven days’ notice of such intention and consider any representations made in respect of such refusal by the undertaker to Anglo American within that seven day period.
(6) The seven day period referred to in the proviso to sub-paragraph (5) must be added to the period of time within which any request for agreement, approval or consent is required to be responded to pursuant to the provisions of this Part of this Schedule.
(7) In the event that—
(a) the undertaker considers that Anglo American has unreasonably withheld its authorisation or agreement under paragraph 232(1), 233(1), and/or 233(2); or
(b) the undertaker considers that Anglo American has given its authorisation under paragraph 232(1), 233(1), and/or 233(2) subject to unreasonable conditions,
the undertaker may refer the matter to dispute resolution under paragraph 241.
(8) Any notice under sub-paragraph (1) and any request for approval or consent under the provisions of this Part of this Schedule must be sent to Anglo American by recorded delivery and addressed to—
(a) the Head of Legal and the Head of Environment Permitting and Sustainable Development at Anglo American Crop Nutrients Limited at Resolution House, Lake View, Scarborough YO11 3ZB; and
(b) the Company Secretary, Anglo American Crop Nutrients Limited at the registered office for the time being of that company.
(9) In the event that Anglo American does not respond in writing to a request for approval or consent or agreement within 28 days of its receipt of the postal request then the undertaker may serve upon Anglo American written notice requiring Anglo American to give their decision within a further 28 days beginning with the date upon which Anglo American received written notice from the undertaker and, subject to compliance with sub-paragraph (10), if by the expiry of the further 28 day period Anglo American has failed to notify the undertaker of its decision Anglo American is deemed to have given its consent, approval or agreement without any terms or conditions.
(10) Any further notice given by the undertaker under sub-paragraph (9) must include a written statement that the provisions of sub-paragraph (9) apply to the relevant approval or consent or agreement.

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Source: https://www.legislation.gov.uk/uksi/2024/174/schedule/12/paragraph/231 (the official version)
Page: https://openlegislation.uk/net-zero-teesside-order-2024/schedule-12/paragraph-231
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.