OpenLegislation

Paragraph 3 DefinitionsI1

England and Wales

In this Part of this Schedule—

  • “the 1968 Act” means the Port of London Act 1968;

  • “detailed submission programme” means a programme setting out the anticipated dates for submissions seeking approval of detailed design of tidal works under paragraph 4;

  • “navigational risk assessment” means assessment of any potential risk of the tidal works at each site, and shall contain the following information:

    1. (a)

      existing navigational features including extent of authorised channels, existing navigational structures and constraints;

    2. (b)

      tidal characteristics;

    3. (c)

      existing river uses;

    4. (d)

      general navigational arrangements;

    5. (e)

      existing site specific issues;

    6. (f)

      existing navigational risks;

    7. (g)

      proposed navigational strategies;

    8. (h)

      delivery schedules; and

    9. (i)

      such other details as agreed between the undertaker and the Authority;

  • “permanent work” means any work or structure forming part of the authorised development that is required for the construction and operation of the authorised project that is on, in, under or over the surface of the land below the level of mean high water springs forming part of the river;

  • “plans and sections” includes sections, elevations, drawings, calculations, specifications, programmes, method statements, assessments of navigational risk and hydraulic information relating to the construction, carrying out and, where appropriate, removal of any tidal work;

  • “scour and accretion monitoring and mitigation strategy” means a scour and accretion monitoring and mitigation strategy for the tidal works to be submitted to the Authority F1in accordance with the principles set out in the four-way legal agreement between Thames Water Utilities Limited, the Port of London Authority, the Environment Agency and the Marine Management Organisation dated 3rd March 2014 (as amended 7th August 2014) (APP183) including, but not limited to, results and clarification of existing and further works, and the extent, frequency, and form of the monitoring and mitigation for scour and accretion;

  • “scour and accretion monitoring and mitigation plan” means a plan prepared in accordance with paragraph 17;

  • “site” means Putney Embankment Foreshore, Carnwath Road Riverside, Dormay Street, Cremorne Wharf Depot, Chelsea Embankment Foreshore, Kirtling Street, Heathwall Pumping Station, Albert Embankment Foreshore, Victoria Embankment Foreshore, Blackfriars Bridge Foreshore, Chambers Wharf, Greenwich Pumping Station and King Edward Memorial Park Foreshore, Abbey Mills or any of them;

  • “specified day” means, in relation to any tidal work, the business day on which plans and sections of that work are received by the Authority under paragraph 5(1);

  • “temporary work” means any work or structure forming part of the authorised development that is not required for the operation of the authorised project and which is on, in, under or over the surface of the land below the level of mean high water springs forming part of the river;

  • “tidal work” means any permanent or temporary work or operation excluding any tunnelling works, constructed or carried out under this order that is, or may be on, in, under or over the surface of land below mean high water level forming part of the river, including

    1. (j)

      any projection over the river outside the order limits by booms, cranes and similar plant or machinery, whether or not they are situated within the order limits;

    2. (k)

      the placing or maintenance of apparatus, plant or equipment;

    3. (l)

      any survey or monitoring works undertaken pursuant to article 22 (authority to survey and investigate land) or maintenance works undertaken pursuant to article 36 (temporary use of land for maintaining authorised project) which would if not for the provisions of this order require a licence pursuant to section 66 of the 1968 Act;

    4. (m)

      any such work or operation (including any suspension or extinguishment of public rights of navigation under article 47 (public rights of navigation)) that affects the river or any function of the Authority, whether or not that work or operation is in, over or under the river,

      but does not include maintenance dredging; and

  • “tunnelling works” means works 1a to 1d, 3b, 4b, 5b, 7, 10b, 11b, 12b, 14b, 15b, 16b and 20 so far as these works are under the river.

Annotations

Textual amendments

F1

Words in Sch. 16 Pt. 2 para. 3 inserted (17.3.2015) by The Thames Water Utilities Limited (Thames Tideway Tunnel) (Correction) Order 2015 (S.I. 2015/723), art. 1, Sch. Table 4

Commencement

I1

Sch. 16 Pt. 2 para. 3 in force at 24.9.2014, see art. 1