The York Potash Harbour Facilities Order 2016
S.I. 2016/772 · Made 20 July 2016 · Extends to England and Wales
Infrastructure Planning
Made 20th July 2016
Coming into force 10th August 2016
The development which is the subject of the application is a nationally significant infrastructure project within the terms of section 24 of the 2008 Act.
The application was examined by a single appointed person (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010f3.
The single appointed person, having considered the representations made and not withdrawn and the application, together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has determined to make an Order granting development consent for the development described in the application, and consent for ancillary works, with modifications which, in the opinion of the Secretary of State, do not make any substantial change to the proposals comprised in the application.
The Secretary of State, in exercise of the powers conferred by sections 114, 115, 117, 120, 122, 135(2) and 149Af4 of, and paragraphs 1 to 3, 10 to 12, 14 to 17, 24, 26, 30A to 32, 32B to 34, 36, and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—
Annotations to the whole text
Footnotes
- f1
-
2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).
- f2
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S.I. 2009/2264, as amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/2381, S.I. 2015/377; modified by S.I. 2012/1659.
- f3
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S.I. 2010/103, as amended by S.I. 2012/635.
- f4
-
Section 149A was inserted by paragraph 4(1) and (2) of the Marine and Coastal Access Act 2009 (c. 23).
Contents
- Part 1: PRELIMINARY
- 1Citation
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by the Order
- 4Parameters of authorised development
- 5Maintenance of authorised development
- 6Provision of works
- 7Benefit of Order
- 8Consent to transfer benefit of Order
- 9Application and modification of legislative provisions
- Part 3: STREETS
- 10Street works
- 11Temporary stopping up of streets
- 12Access to works
- 13Agreements with highway authority
- Part 4: SUPPLEMENTAL POWERS
- 14Discharge of water
- 15Protective work to buildings
- 16Authority to survey and investigate the land
- 17Tidal works not to be executed without approval of Secretary of State
- 18Abatement of works abandoned or decayed
- 19Lights on tidal works etc. during construction
- 20Provision against danger to navigation
- 21Permanent lights on tidal works
- 22Power to charge
- Part 5: POWERS OF ACQUISITION
- 23Guarantees in respect of payment of compensation
- 24Compulsory and other acquisition of rights
- 25Power to override easements and other rights
- 26Compulsory acquisition of land – incorporation of the mineral code
- 27Time limit for exercise of authority to acquire land and rights compulsorily
- 28Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 29Rights under or over streets
- 30Temporary use of land
- Part 6: MISCELLANEOUS AND GENERAL
- 31Deemed marine licence
- 32Operational land for purposes of the 1990 Act
- 33Defences to proceedings
- 34Protection of interests
- 35Saving for Trinity House
- 36Crown Rights
- 37Approvals pursuant to requirements etc.
- 38Certification of plans etc.
- 39Service of Notices
- 40Arbitration
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- 1Time limits
- 2Stages of the development and design approval
- 3Stages of the development and design approval
- 4Stages of the development and design approval
- 5Highway access
- 6Construction Environmental Management Plan
- 7Construction Traffic Management Plan
- 8Flood warning and ground gas monitoring
- 9Ecology
- 10Archaeology
- 11Decommissioning
- Schedule 3: ACQUISITION PROVISIONS
- 1RIGHTS AND RESTRICTIONS REQUIRED FOR THE CONVEYOR ROUTE – COMPULSORY ACQUISITION (NORTHERN)
- 2RIGHTS AND RESTRICTIONS REQUIRED FOR THE CONVEYOR ROUTE – CROWN LAND (NORTHERN)
- Part 3: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND RESTRICTIVE COVENANTS
- 1Compensation enactments
- 2Compensation enactments
- 3Application of the 1965 Act
- 4Application of the 1965 Act
- 5Application of the 1965 Act
- 6Application of the 1965 Act
- 7Application of the 1965 Act
- 8Application of the 1965 Act
- 9Application of the 1965 Act
- Schedule 4LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 5: DEEMED LICENCE UNDER THE 2009 ACT
- Part 1: INTRODUCTORY
- 1Addresses and Undertaker
- Part 2: LICENSED ACTIVITIES
- 2Paragraph 2
- 3Construction of the quay
- 4Open quay structure
- 5Solid quay structure
- 6Capital dredging and disposal
- 7Lagoon habitat enhancement
- Part 3: ENFORCEMENT
- 8Paragraph 8
- Part 4: CONDITIONS
- 9General conditions
- 10General conditions
- 11General conditions
- 12General conditions
- 13General conditions
- 14General conditions
- 15General conditions
- 16General conditions
- 17Project wide conditions
- 18Project wide conditions
- 19Project wide conditions
- 20Project wide conditions
- 21Project wide conditions
- 22Project wide conditions
- 23Project wide conditions
- 24Project wide conditions
- 25Project wide conditions
- 26Project wide conditions
- 27Project wide conditions
- 28Project wide conditions
- 29Project wide conditions
- 30Piling conditions
- 31Piling conditions
- 32Piling conditions
- 33Piling conditions
- 34Capital dredging, disposal conditions and debris
- 35Capital dredging, disposal conditions and debris
- 36Capital dredging, disposal conditions and debris
- 37Capital dredging, disposal conditions and debris
- 38Capital dredging, disposal conditions and debris
- 39Capital dredging, disposal conditions and debris
- 40Capital dredging, disposal conditions and debris
- 41Capital dredging, disposal conditions and debris
- 42Capital dredging, disposal conditions and debris
- 43Capital dredging, disposal conditions and debris
- 44Capital dredging, disposal conditions and debris
- 45Capital dredging, disposal conditions and debris
- 46Capital dredging, disposal conditions and debris
- 47Capital dredging, disposal conditions and debris
- 48Lagoon Habitat Enhancement Works
- 49Progress of licensed activities
- 50Decommissioning
- 51Archaeology
- Schedule 6QUAY LIMITS
- Schedule 7: FOR THE PROTECTION OF NETWORK RAIL
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Schedule 8: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY
- 1Application
- 2Interpretation
- 3Interpretation
- 4Acquisition of land
- 5Removal of apparatus
- 6Facilities and rights for alternative apparatus
- 7Retained apparatus: protection
- 8Expenses
- 9Indemnity
- 10Ground subsidence monitoring scheme in respect of National Grid’s apparatus
- 11Enactments and agreements
- 12Co-operation
- 13Access
- 14Arbitration
- 15Approval of Requirements
- Schedule 9: FOR THE PROTECTION OF THE PIPELINE CORRIDOR AND PROTECTED CROSSINGS
- 1Benefit of protective provisions
- 2Interpretation
- 3Pipeline survey
- 4Authorisation of works details affecting pipelines or protected crossings
- 5Authorisation of works details affecting pipelines or protected crossings
- 6Authorisation of works details affecting pipelines or protected crossings
- 7Authorisation of works details affecting pipelines or protected crossings
- 8Notice of works
- 9Further provisions about works
- 10Further provisions about works
- 11Further provisions about works
- 12Further provisions about works
- 13Further provisions about works
- 14Further provisions about works
- 15Further provisions about works
- 16Further provisions about works
- 17Further provisions about works
- 18Monitoring for damage to pipelines
- 19Monitoring for damage to pipelines
- 20Compliance with requirements, etc. applying to the protected land
- 21Access for construction and maintenance
- 22Access for construction and maintenance
- 23Access for construction and maintenance
- 24Restriction on exercising powers
- 25Restriction on exercising powers
- 26Insurance
- 27Insurance
- 28Costs
- 29Further protection in relation to the exercise of powers under the Order
- 30Further protection in relation to the exercise of powers under the Order
- 31Further protection in relation to the exercise of powers under the Order
- 32Further protection in relation to the exercise of powers under the Order
- 33Further protection in relation to the exercise of powers under the Order
- 34Expert determination
- Schedule 10: FOR THE PROTECTION OF ASSET OWNERS AND OTHERS
- Part 1: FOR THE PROTECTION OF ASSETS BRIDGED OR OVERSAILED
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- ANNEX
- Part 2: FOR THE PROTECTION OF REDCAR BULK TERMINAL
- 22Paragraph 22
- 23Paragraph 23
- Schedule 11: FOR THE PROTECTION OF THE TEES PORT AUTHORITY
- 1Interpretation
- 2General
- 3Location of tidal works
- 4Tidal works: consultation and approval
- 5Tidal works: consultation and approval
- 6Tidal works: consultation and approval
- 7Construction of tidal works
- 8Construction of tidal works
- 9Construction of tidal works
- 10Discharges, etc.
- 11Discharges, etc.
- 12Obstruction in river
- 13Removal etc. of the Tees Port Authority moorings and buoys
- 14Navigational lights, buoys, etc.
- 15Removal of temporary works
- 16Protective action
- 17Abandoned or decayed works
- 18Facilities for navigation
- 19Survey of riverbed
- 20Sedimentation, etc.: remedial action
- 21Entry for survey, etc.
- 22Operating procedures
- 23Indemnity
- 24Statutory functions
- 25Savings
- 26Transfer of benefit of Order
- 27Notices
- 28Disputes
- Schedule 12: FOR THE PROTECTION OF NET ZERO TEESSIDE POWER LIMITED AND NET ZERO NORTH SEA STORAGE LIMITED
- 1Interpretation
- 2Interpretation
- 3Consent to works in the shared area
- 4Co-operation
- 5Regulation of works within the shared area
- 6Regulation of powers over the shared area
- 7Constructability Principles
- 8Interface Design Process
- 9Miscellaneous provisions
- 10Indemnity
- 11Dispute resolution
- Explanatory note