Article 2 Interpretation
For the purposes of this Order—
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“ADR” means the edition of the European Agreement concerning the International Carriage of Dangerous Goods by Road published in 2019f1;
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“animal” means any vertebrate other than a human;
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“Category I/II nuclear material” has the meaning given in regulation 3 of the Nuclear Industries Security Regulations 2003f2;
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“Class 1 substances and articles” means substances and articles of Class 1 (explosive substances and articles) as set out in section 2.2.1 of Annex A to ADR;
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“Class 4.1 substances” means substances of Class 4.1 (polymerizing substances) as set out in sections 2.2.41.1.20 and 2.2.41.1.21 of Annex A to ADR;
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“CMP” means a construction management plan for the land, approved by the Secretary of State under article 5(7), which is comprised of policies and procedures in relation to—
- (a)
maintaining air quality during construction works, including controlling dust;
- (b)
minimising visual impact of construction works through design of structures and screening around them;
- (c)
waste disposal and pollution control in respect of the construction works;
- (d)
minimising impact of construction works on biodiversity of the land;
- (e)
minimising noise and vibration of construction works and vehicles movements related to those works;
- (f)
preventing surface water run-off from construction works to ground adjacent to or beneath the land;
- (g)
the consideration of environmental performance when selecting vehicles, plant and machinery for the construction works;
- (a)
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“commencement date” means the date this Order comes into force;
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“dangerous goods” means any goods classified as Class 1 to 9 in accordance with Chapter 2.2 of Annex A to ADR;
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“egress point” means the location shown on the Map as the proposed egress to be used from the land;
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“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted;
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“hard standing” means hard standing and any roads on the land;
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“High Consequence Dangerous Goods” has the meaning given in section 1.10.3.1 of Annex A to ADR;
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“the Map” means the map marked “Map referred to in the Town and Country Planning (North Weald Airfield) (EU Exit) Special Development Order 2019” a copy of which, signed by a member of the Senior Civil Service in the Ministry of Housing, Communities and Local Government, is available for inspection at—
- (a)
Planning Directorate, Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF; and
- (b)
Epping Forest District Council, Civic Offices, 323 High Street, Epping CM16 4BZ;
- (a)
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“monitoring programme” means the policies and procedures for monitoring of goods vehicles approved by the Secretary of State as part of the OMP;
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“OMP” means an operational management plan for the land, approved by the Secretary of State under article 5(4), which is comprised of policies and procedures in relation to—
- (a)
engagement with the local community and local businesses;
- (b)
site rules for drivers;
- (c)
dealing with adverse weather, incidents and emergency response;
- (d)
preventing the access and stationing of goods vehicles carrying dangerous goods on the land;
- (e)
signage for drivers of goods vehicles entering and exiting the land;
- (f)
monitoring of impacts on the local road network of goods vehicles entering and exiting the land, including the methodology for the monitoring;
- (g)
local employment strategy for staff and staff training;
- (h)
staff travel;
- (i)
managing protestors;
- (j)
increasing biodiversity;
- (k)
identification of the foul water sewers and surface water drainage system on the land, including the location of access to emergency stop valves, and management of those systems;
- (l)
pollution prevention and control;
- (m)
management of fire risks;
- (a)
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“pre-existing hard standing” means hard standing that existed on the land immediately before the commencement date;
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“processing” means—
- (a)
recording vehicles entering or exiting the land;
- (b)
providing, reviewing and approving customs declarations in relation to vehicles;
- (c)
checking and endorsing permits relating to items carried in vehicles;
- (d)
inspecting vehicles for any other lawful purpose; and
- (e)
checking vehicles to ensure compliance with the limitations and conditions imposed by this Order;
- (a)
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“site operator” means the person responsible for operations on the land;
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“vehicle examiner” means an examiner appointed pursuant to section 66A of the Road Traffic Act 1988f3.
Annotations
Footnotes
- f1
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Copies can be obtained at http://www.unece.org/trans/danger/publi/adr/adr2019/19contentse.html or purchased from the Stationery Office shop (tel: 0333 200 2435) or made available for inspection at Ministry of Housing, Communities and Local Government, 2 Marsham Street, London SW1P 4DF.
- f2
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S.I. 2003/403 as amended by S.I. 2016/795.
- f3
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1988 c. 53. Section 66A is inserted by section 9(1) of the Road Traffic Act 1991 (c. 40) and is amended by paragraph 11 of Schedule 7 to the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23).