The Thurrock Flexible Generation Plant Development Consent Order 2022

Disapplication of legislation etc. E+W+S

10.—(1) The following enactments do not apply in relation to the construction of any work or the carrying out of any operation for the purpose of, or in connection with, the construction of the authorised development or any maintenance of any part of the authorised development—

(a) the West Tilbury Commons, West Tilbury, Essex, Bye-Laws, made by the Conservators of West Tilbury Commons, under the powers of the Commons Regulation (West Tilbury) Provisional Order Confirmation Act 1893(1);

(b) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the authority) to the Water Resources Act 1991(2);

(c) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991(3);

(d) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016(4) in respect of a flood risk activity (including works affecting sea defences) only;

(e) sections 23 and 30 of the Land Drainage Act 1991(5); and

(f) the provisions of the Neighbourhood Planning Act 2017(6) in so far as they relate to the temporary possession of land under articles 28 and 29 of this Order.

(2) The carrying out of any of the following works and operations—

(a) Work nos. 12(a), 12(e), and 15;

(b) any ancillary work listed in Schedule 1;

(c) the use of any street within the port or Work no. 12 for the passage of construction, maintenance or decommissioning vehicles utilised for the authorised development; and

(d) any activities carried out pursuant to the requirements set out in Schedule 2,

is not to be regarded as conflicting, or constituting non-compliance by Port of Tilbury London Limited, with the following requirements in Schedule 2 to the Port of Tilbury (Expansion) Order 2019—

(a) Requirement 4;

(b) Requirement 5;

(c) Requirement 11 (c), (d), (f) and (h); and

(d) Requirement 12.

Commencement Information

I1 Art. 10 in force at 10.3.2022, see art. 1

(1)

1893 c. 102.

(2)

1991 c. 57. Paragraph 5 was amended by section 100(1) and (2) of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to, the Marine and Coastal Access Act 2009 (c. 23), paragraphs 40 and 49 of Schedule 25 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755. Paragraph 6 was amended by paragraph 26 of Schedule 15 to the Environment Act 1995 (c. 25), section 224 of, and paragraphs 20 and 24 of Schedule 16, and Part 5(B) of Schedule 22, to, the Marine and Coastal Access Act 2009 and S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.

(3)

As substituted by section 31 of, and paragraphs 25 and 38 of Schedule 2 to the Water Management Act 2010 (c. 29) and section 86(1) and (3) of the Water Act 2014 (c. 21).

(4)

2016/1154.

(5)

1991 c. 59.

(6)

2017 c. 20.