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The Hinkley Point Harbour Empowerment Order 2012

S.I. 2012/1914 · Made 19 July 2012 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 30 November 2017.

Harbours, Docks, Piers And Ferries

Made 19th July 2012

Laid before Parliament 24th July 2012

Coming into force 16th August 2012

In accordance with section 16(1) of the Harbours Act 1964f1, NNB Generation Company Limited (“the Company”) has made a written application to the Marine Management Organisation for the making by the Marine Management Organisation of this harbour empowerment order.

The Secretary of State, as the appropriate Minister for the purposes of section 16, has by an Orderf2 under section 42Af3 delegated the functions of the appropriate Minister under section 16f4 to the Marine Management Organisationf5.

The Marine Management Organisation, being satisfied as mentioned in section 16(5), makes the following Order in exercise of the powers conferred by section 16(1) and (6).

Annotations to the whole text

Footnotes

f1

1964 c.40; section 16 was amended by S.I. 1970/1681, the Transport Act 1981 (c.56), Schedule 6, paragraphs 3, 4(1) and 14 and Schedule 12, the Criminal Justice Act 1982 (c.48), sections 37 and 46, the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 2, S.I. 2006/1177, regulation 2 and the Schedule, Part I, the Planning Act 2008 (c.29), Schedule 2, paragraph 10 and the Marine and Coastal Access Act 2009, Schedule 21, paragraph 2. Section 54 (orders and regulations) was amended by the Transport Act 1981 (c.56), sections 18 and 40 and Schedules 6 and 12 (Part II) and by the Marine and Coastal Access Act 2009 (c.23), Schedule 21, paragraph 3(2).

f2

S.I. 2010/674.

f3

Section 42A was inserted, in relation to England and Wales, by the Marine and Coastal Access Act 2009 (c.23), Schedule 21, paragraph 3(1).

f4

For the definition of “the Minister” (mentioned in section 16) see section 57(1).

f5

The Marine Management Organisation was established by the Marine and Coastal Access Act 2009 (c.23), section 1.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation, commencement and duration
  3. 2Interpretation
  4. 3Incorporation of the Harbours, Docks and Piers Clauses Act 1847
  5. Part 2: WORKS PROVISIONS
  6. 4Power to construct works
  7. 5Power to deviate
  8. 6Further powers as to works and extinguishment of rights
  9. 7Subsidiary works
  10. 8Power to dredge
  11. 9Obstruction of work
  12. 10Survey of tidal works
  13. 11Provision against danger to navigation
  14. 12Abatement of works abandoned or decayed
  15. 13Lights on tidal works during construction
  16. 14Permanent lights on tidal works
  17. 15Period for completion of works and termination of works powers
  18. 16Operational land for purposes of the Town and Country Planning Act 1990
  19. 17Application and termination of permitted development rights
  20. 18Planning and works conditions
  21. 19Stopping up etc. of footpaths and substitution of new public rights of way
  22. 20Permanent stopping up of footpath and extinguishment of rights
  23. Part 3: HARBOUR REGULATION
  24. 21Harbour limits
  25. 22Byelaws
  26. 23Confirmation of byelaws
  27. 24General directions to vessels
  28. 25Publication of general directions
  29. 26Special directions to vessels
  30. 27Master’s responsibility to be unaffected
  31. 28Failure to comply with directions
  32. 29Enforcement of special directions
  33. 30Charges
  34. Part 4: MISCELLANEOUS AND GENERAL
  35. 31Power to lease etc.
  36. 32Restriction on use of the works
  37. 33Defence of due diligence
  38. 34Saving for Trinity House
  39. 35Saving for other consents etc.
  40. 36Disapplication of regulation 75 of the Conservation of Habitats and Species Regulations 2017
  41. 37Crown rights
  42. 38For the protection of the Environment Agency
  43. 39Closure of the jetty and reinstatement
  44. 40Saving for termination of this Order
  45. Signature
  46. Schedule 1: PLANNING AND WORKS CONDITIONS
  47. Part 1: Interpretation, Operation and Application of Conditions
  48. 1Paragraph 1
  49. 2Paragraph 2
  50. 3Paragraph 3
  51. Part 2: Construction, Maintenance and Use Conditions
  52. 1Geology and land contamination: spoil mound remediation
  53. 2Working hours
  54. 3Delivery hours
  55. 4On-site vehicular movements and maintenance - permitted hours
  56. 5Landscape and visual: external storage of contractors’ materials
  57. 6Landscape and visual and air quality: no burning of materials
  58. 7Noise and vibration: no amplified sound
  59. 8Directional foghorn
  60. 9Noise and vibration: noise level
  61. 10Use noise limit
  62. 11Noise and vibration: control of noise during construction, maintenance and use
  63. 12Infill material
  64. 13Landscape and visual: lighting
  65. 14Construction programme for silos and sand shed
  66. 15Alignment of the silos
  67. 16Height and details of the sand shed and silos
  68. 17Height of subsidiary works
  69. 18Storage of oils, fuels, concrete and chemicals
  70. 19Restriction of aggregate washing
  71. 20Ecological mitigation and monitoring plan
  72. 21Habitat management plan
  73. 22Ecological method statement
  74. 23Ecology: tree and hedgerow protection
  75. 24Historic environment: recording of important hedgerows
  76. 25Historic environment: monitoring of palaeontological remains
  77. 26Historic: scheduled monument management plan
  78. 27Drainage: surface water and foul drainage works
  79. 28Drainage: oil interceptor
  80. 29Air quality
  81. 30Residential amenity: information dissemination and complaints handling
  82. 31Drainage: water & sediment management plan
  83. 32Engineering details of foreshore access road
  84. 33Access to foreshore
  85. 34Flooding: foreshore access
  86. 35Geology & contaminated land: radiological monitoring
  87. 36Geology & land: previous contamination unidentified
  88. 37Groundwater: monitoring
  89. 38Construction method statement
  90. 39Construction and environmental management plan
  91. 40Vegetation clearance
  92. 41Materials management plan
  93. 42Site waste management plan
  94. 43Soil management plan
  95. 44Limit of closure of coast footpath
  96. 45Traffic obligations
  97. 46Bund planting
  98. 47Maintenance of planting
  99. Part 3: Reinstatement Conditions
  100. 48Coastal hydrology: cliff management plan
  101. 49Noise and vibration: control of noise during reinstatement
  102. 50Working hours during reinstatement
  103. 51On-site vehicular movements and maintenance - permitted hours during reinstatement
  104. 52Noise and vibration during reinstatement: no amplified sound
  105. Schedule 2STOPPING UP OF FOOTPATHS AND NEW PUBLIC RIGHTS OF WAY TO BE SUBSTITUTED
  106. Schedule 3FOOTPATHS MAPS
  107. Explanatory note