{
  "url": "https://openlegislation.uk/norfolk-boreas-offshore-wind-farm-order-2021/schedule-17/paragraph-51",
  "json_url": "https://openlegislation.uk/norfolk-boreas-offshore-wind-farm-order-2021/schedule-17/paragraph-51.json",
  "legislation": "uksi/2021/1414",
  "legislation_title": "The Norfolk Boreas Offshore Wind Farm Order 2021",
  "legislation_url": "https://openlegislation.uk/norfolk-boreas-offshore-wind-farm-order-2021",
  "path": "schedule/17/paragraph/51",
  "kind": "paragraph",
  "number": "51",
  "heading": null,
  "text": "(1) The undertaker must not exercise the powers conferred by—\n(a) article 15 (discharge of water and works to watercourses);\n(b) article 16 (authority to survey and investigate the land onshore);\n(c) article 18 (compulsory acquisition of land);\n(d) article 20 (compulsory acquisition of rights and the imposition of restrictive covenants);\n(e) article 21 (private rights);\n(f) article 24 (acquisition of subsoil or airspace only);\n(g) article 26 (temporary use of land for carrying out the authorised project);\n(h) article 27 (temporary use of land for maintaining the authorised project);\n(i) article 28 (extinguishment of private rights and restrictive covenants relating to apparatus removed from land);\n(j) article 29(b) (statutory undertakers) (where relevant);\n(k) article 35 (felling or lopping of trees and removal of hedgerows); and\n(l) article 36 (trees subject to tree preservation orders);\nor the powers conferred by section 11(3) of the 1965 Act (powers of entry) in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.\n(2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.\n(3) The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, or article 29 (statutory undertakers), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.\n(4) The undertaker must not under the powers conferred by this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property except with the consent of Network Rail.\n(5) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 17 para. 51 in force at 1.1.2022, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2021/1414/schedule/17/paragraph/51",
    "retrieved_at": "2026-10-28T22:05:57.745865+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}