# The York Potash Harbour Facilities Order 2016, Paragraph 7: Constructability Principles


(1) The undertaker must (unless otherwise agreed, in an emergency relating to potential death or serious injury, or where it would render the Anglo American Apparatus, the Specified Works, the NZT Specified Works or NZT Apparatus unsafe, or put the undertaker in breach of its statutory duties or in breach of an obligation or requirement of the Order)—
(a) carry out the Specified Works in such a way that will not prevent or interfere with the continued construction of the NZT Specified Works, or the maintenance or operation of the NZT Apparatus unless the action leading to such prevention or interference has the prior written consent of the NZT Undertaker;
(b) ensure that works carried out to, or placing of Anglo American Apparatus beneath, roads along which construction or maintenance access is required by the Net Zero Undertaker in respect of any NZT Apparatus will be of adequate specification to bear the loads;
(c) prior to the carrying out of any of the Specified Works in any part of any Shared Area—
(i) submit a construction programme and a construction traffic and access management plan in respect of that area to the NZT Undertaker for approval (noting that a single construction traffic and access management plan may be completed for one or more parts of each Shared Area or more than one Shared Area and may be subject to review if agreed between the Parties); and
(ii) where applicable, confirm to the NZT Undertaker in writing the identity of the client for the purposes of the relevant Construction Design and Management Regulations applicable from time to time;
(d) at all times construct the Specified Works in compliance with the relevant approved construction traffic and access management plan;
(e) update the monthly construction programme approved under sub-paragraph (c)(i) monthly and supply a copy of the updated programme to the NZT Undertaker every month;
(f) notify the NZT Undertaker of any incidences which occur as a result of, or in connection with, the Specified Works which are required to be reported under the relevant Reporting of Injuries Diseases and Dangerous Occurrences Regulations applicable from time to time within 24 hours of the duty to report arising;
(g) provide comprehensive, as built, drawings of the Specified Works (including, for the avoidance of doubt, buried pipelines) within three months of the completion of each of the Specified Works;
(h) other than in respect of land in which the undertaker has a freehold interest, following the completion of each of the Specified Works, unless otherwise agreed in writing by the NZT Undertaker, fully reinstate the affected area (with the exception only of the retention of permanent aspects of the Specified Works) and remove all waste/surplus materials;
(i) in respect of land in which Anglo American has a freehold interest, following the completion of each of the Specified Works, the area affected must not be left in such a state as to adversely affect the construction, maintenance and operation of the NZT Specified Works; and
(j) obtain the prior written consent of the NZT Undertaker for the use of any re-cycled aggregate material within the Shared Area.
(2) Any spoil from the NZT Specified Works or the Specified Works (including contaminated material) must be dealt with in accordance with a spoil management plan to be agreed between the Parties in advance of the work by either Party generating such spoil beginning.
(3) In considering a request for any consent under the provisions of this Part of this Schedule, the NZT Undertaker must not—
(a) request an additional construction traffic and access management plan or a spoil management plan if such a plan has already been approved pursuant to sub-paragraph (1)(c) (as relevant in respect of a traffic and access management plan) or agreed pursuant to sub-paragraph (2) (in respect of a spoil management plan); and
(b) refuse consent for reasons which conflict with the contents of documents approved by the NZT Undertaker pursuant to the provisions of this paragraph and paragraph 8.

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Source: https://www.legislation.gov.uk/uksi/2016/772/schedule/12/paragraph/7 (the official version)
Page: https://openlegislation.uk/york-potash-harbour-facilities-order-2016/schedule-12/paragraph-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.