OpenLegislation

Paragraph 6 Regulation of powers over the shared areaF1

(1)

The undertaker must not exercise the powers granted under the Order so as to hinder or prevent the construction, operation or maintenance of the NZT Specified Works without the prior written consent of the NZT Undertaker.

(2)

The undertaker must not exercise the powers under any of the articles of the Order specified in sub-paragraph (3) below, over or in respect of the Shared Area otherwise than with the prior written consent of the NZT Undertaker.

(3)

The articles referred to in sub-paragraph (2) above are—

(a)

article 10 (street works);

(b)

article 11 (temporary stopping up of streets);

(c)

article 12 (access to works);

(d)

article 14 (discharge of water);

(e)

article 15 (protective works to buildings);

(f)

article 16 (authority to survey and investigate land);

(g)

article 24 (compulsory and other acquisition of rights);

(h)

article 25 (power to override easements and other rights); and

(i)

article 30 (temporary use of land).

(4)

In the event that the NZT Undertaker withholds its consent pursuant to sub-paragraph (2) it must notify the undertaker in writing of the reasons for withholding such consent and (if applicable) the time period during which such consent will be withheld.

(5)

Regardless of any provision in the Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker must not appropriate or acquire or take permanent or temporary possession of any land interest held by the NZT Undertaker in any plots shown on the land plans, or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right in such land.

Annotations

Textual amendments

F1

Sch. 12 inserted (11.3.2024) by The Net Zero Teesside Order 2024 (S.I. 2024/174), art. 1, Sch. 3 para. 3 (with arts. 42, 43, Sch. 12)