Paragraph 193 InterpretationI1

In this Part of this Schedule, the following terms shall have the following meanings—

• “additional rights” means rights for the construction and for access to and for the use, protection, inspection, maintenance, repair and renewal of retained Apparatus including any restrictions on the landowner and occupiers for the protection of the retained Apparatus and to allow Exolum to perform its functions;

• “alternative apparatus” means alternative apparatus adequate to enable Exolum to fulfil its functions as a pipeline operator in a manner not less efficient than previously;

• “alternative rights” means rights for the construction and for access to and for the use, protection, inspection, maintenance, repair and renewal of alternative apparatus including any restrictions on the landowner and occupiers for the protection of the alternative apparatus and to allow Exolum to perform its functions;

• “apparatus” means the pipeline and storage system and any ancillary apparatus owned and/or operated by Exolum and includes—

  1. (a)

     any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

  2. (b)

     any ancillary works, all protective wrappings, valves, sleeves and slabs, cathodic protection units, together with ancillary cables and markers;

  3. (c)

     such legal interest, and benefit of property rights and covenants as are vested in respect of these items;

  and, where the context requires, includes alternative apparatus;

• “Exolum” means Exolum Pipeline System Ltd (company registration number 09497223 whose registered office is 1st Floor 55 King William Street, London, England, EC4R 9AD) and for the purpose of enforcing the benefit of any provisions in this Schedule, any group company of Exolum Pipeline System Ltd and in all cases any successor in title;

• “functions” includes powers, duties and commercial undertaking;

• “in” in a context referring to apparatus in land includes a reference to apparatus under, over or upon land;

• “parties” means the undertaker and Exolum and “party” shall be construed accordingly;

• “plan” includes all designs, drawings, sections, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary to allow Exolum to assess the restricted works to be executed properly and sufficiently and in particular must describe—

  1. (a)

     the position of the works as proposed to be constructed or renewed;

  2. (b)

     the level at which the works are proposed to be constructed or renewed;

  3. (c)

     the manner of the works’ construction or renewal including details of excavation, positioning of plant etc.;

  4. (d)

     the position of the affected apparatus and/or premises and any other apparatus belonging to another undertaker that may also be affected by the restrictive works;

  5. (e)

     by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

  6. (f)

     any intended maintenance regime;

  7. (g)

     details of the proposed method of working and timing of execution of works; and

  8. (h)

     details of vehicle access routes for construction and operational traffic;

• “premises” means land that Exolum owns, occupies or otherwise has rights to use including but not limited to storage facilities, administrative buildings and jetties;

• “protective works” means works for the inspection and protection of apparatus; and

• “restricted works” means any works that will or may affect any apparatus or premises including—

  1. (a)

     all works within 15 metres measured in any direction of any apparatus including embankment works and those that involve a physical connection or attachment to any apparatus;

  2. (b)

     the crossing of apparatus by other utilities;

  3. (c)

     the use of explosives within 400 metres of any apparatus or premises;

  4. (d)

     piling, undertaking of a 3D seismic survey or the sinking boreholes within 30 metres of any apparatus or premises; and

  5. (e)

     all works that impose a load directly upon the apparatus, wherever situated

  whether carried out by the undertaker or any third party in connection with the Authorised Development.