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The Boston Alternative Energy Facility Order 2023

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

    1. 3.Development consent granted by the Order

    2. 4.Maintenance of authorised development

    3. 5.Maintenance of drainage works

    4. 6.Operation of the authorised development

    5. 7.Limits of deviation

    6. 8.Benefit of this Order

    7. 9.Consent to transfer benefit of the Order

  4. PART 3 STREETS

    1. 10.Street works

    2. 11.Application of the 1991 Act

    3. 12.Power to alter layout, etc., of streets

    4. 13.Temporary closure, alteration, diversion and restriction of use of streets

    5. 14.Permanent stopping up of streets

    6. 15.Access to works

    7. 16.Use of private roads

    8. 17.Agreements with street authorities

    9. 18.Traffic regulation measures

  5. PART 4 SUPPLEMENTARY POWERS

    1. 19.Powers in relation to relevant navigations or watercourses

    2. 20.Discharge of water

    3. 21.Authority to survey and investigate the land

    4. 22.Protective work to buildings

    5. 23.Felling or lopping of trees

    6. 24.Removal of human remains

  6. PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND

    1. 25.Compulsory acquisition of land

    2. 26.Compulsory acquisition of land – incorporation of the mineral code

    3. 27.Time limit for exercise of authority to acquire land compulsorily

    4. 28.Private rights

    5. 29.Power to override easements and other rights

    6. 30.Application of the 1981 Act

    7. 31.Modification of Part 1 of the 1965 Act

    8. 32.Acquisition of subsoil or air-space only

    9. 33.Temporary use of land for carrying out the authorised development

    10. 34.Temporary use of land for maintaining the authorised development

    11. 35.Statutory undertakers

    12. 36.Apparatus and rights of statutory undertakers in stopped up streets

    13. 37.Recovery of costs of new connections

    14. 38.Disregard of certain improvements, etc.

    15. 39.Set-off for enhancement in value of retained land

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 40.Disapplication of legislative provisions, etc.

    2. 41.Amendment of local legislation

    3. 42.Planning permission, etc.

    4. 43.Application of landlord and tenant law

    5. 44.Defence to proceedings in respect of statutory nuisance

    6. 45.Protective provisions

    7. 46.Deemed marine licence

    8. 47.Certification of documents, etc.

    9. 48.Service of notices

    10. 49.Arbitration

    11. 50.Procedures in relation to approvals, etc., under Schedule 2

    12. 51.No double recovery

    13. 52.Guarantees in respect of payment of compensation

    14. 53.Crown rights

    15. 54.Offshore ornithology compensation provisions

    16. 55.Harbour seal compensation measures

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Detailed design approval

        4. 4.Detailed design (appearance)

        5. 5.Parameters of authorised development

        6. 6.Landscape and ecological mitigation strategy

        7. 7.Archaeology

        8. 8.Highway access

        9. 9.Surface and foul water drainage

        10. 10.Contamination

        11. 11.Code of construction practice

        12. 12.Construction hours

        13. 13.Construction traffic management plan

        14. 14.Flood risk emergency plan

        15. 15.Phasing of construction and commissioning of Work Nos. 1 and 2

        16. 16.Operational lighting scheme

        17. 17.Operational vehicle movements

        18. 18.Waste hierarchy scheme

        19. 19.Control of operational noise

        20. 20.Notice of start of commissioning and notice of date of final commissioning

        21. 21.Combined heat and power

        22. 22.Decommissioning

        23. 23.Amendments to approved details

        24. 24.Electricity generation cap

        25. 25.Tonnage caps

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 26.Applications made under Part 1

        2. 27.Further information

        3. 28.Fees

        4. 29.Register of requirements

        5. 30.Appeals to the Secretary of State

        6. 31.Anticipatory steps towards compliance with any requirement

        7. 32.Interpretation of Part 2 of Schedule 2

    3. SCHEDULE 3

      STREETS SUBJECT TO STREET WORKS

    4. SCHEDULE 4

      STREETS SUBJECT TO ALTERATION OF LAYOUT

      1. PART 1 PERMANENT ALTERATION OF LAYOUT

      2. PART 2 TEMPORARY ALTERATION OF LAYOUT

    5. SCHEDULE 5

      TEMPORARY CLOSURE, ALTERATION, DIVERSION AND RESTRICTION OF THE USE OF STREETS

    6. SCHEDULE 6

      PERMANENT STOPPING UP OF STREETS AND PUBLIC RIGHTS OF WAY

    7. SCHEDULE 7

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

        1. 1.For the protection of the utility undertakers referred to in...

        2. 2.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. On street apparatus

          1. 3.This Part of this Schedule does not apply to apparatus...

        4. Apparatus in stopped up streets

          1. 4.(1) Where any street is stopped up under article 14...

        5. Protective works to buildings

          1. 5.The undertaker, in the case of the powers conferred by...

        6. Acquisition of land

          1. 6.Regardless of any provision in this Order or anything shown...

        7. Removal of apparatus

          1. 7.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 8.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus

          1. 9.(1) Not less than 28 days before starting the execution...

        10. Expenses and costs

          1. 10.(1) Subject to the following provisions of this paragraph, the...

          2. 11.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. Cooperation

          1. 12.Where in consequence of the proposed construction of any part...

          2. 13.Nothing in this Part of this Schedule affects the provisions...

      2. PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 14.For the protection of any operator, the following provisions have...

        2. 15.In this Part of this Schedule— “the 2003 Act” means...

        3. 16.The exercise of the powers conferred by article 35 (statutory...

        4. 17.(1) Subject to sub-paragraphs (2) to (4), if as the...

      3. PART 3 FOR THE PROTECTION OF HIGHWAYS AND TRAFFIC UNDERTAKERS

        1. 18.(1) The provisions of this Part of this Schedule have...

        2. 19.(1) Before commencing the construction of, or the carrying out...

        3. 20.(1) The undertaker must not alter, disturb or in any...

        4. 21.The undertaker must not remove any soil or material from...

        5. 22.(1) If the relevant highway authority, after giving to the...

        6. 23.(1) The undertaker shall not, except with the consent of...

        7. 24.The undertaker must not, except with the consent of the...

        8. 25.The undertaker must, if reasonably so required by the relevant...

        9. 26.(1) Where any part of any highway has been broken...

        10. 27.If any damage to any highway or any property of...

        11. 28.The fact that any act or thing may have been...

        12. 29.Any difference arising between the undertaker and the relevant highway...

      4. PART 4 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 30.The following provisions apply for the protection of the Agency...

        2. 31.In this Part of this Schedule— “the Agency” means the...

        3. Submission and approval of plans

          1. 32.(1) Before beginning to construct any specified work, the undertaker...

        4. Construction of protective works

          1. 33.Without limiting paragraph 32, the requirements which the Agency may...

        5. Timing of works and service of notices

          1. 34.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. Maintenance of drainage works

          1. 35.(1) Subject to sub-paragraph (5) the undertaker must from the...

        7. Impairment of drainage works

          1. 36.Subject to paragraph 39, if by reason of the construction...

        8. Agency access

          1. 37.If by reason of construction of the specified work the...

        9. Free passage of fish

          1. 38.(1) The undertaker must take all such measures as may...

          2. 39.The undertaker must indemnify the Agency in respect of all...

        10. Indemnity

          1. 40.(1) The undertaker is responsible for and indemnifies the Agency...

        11. Disputes

          1. 41.Any dispute arising between the undertaker and the Agency under...

        12. Roman Bank

          1. 42.(1) The undertaker must at its own cost engage the...

          2. 43.The undertaker must at its own cost engage the services...

          3. 44.The initial condition survey in accordance with paragraph 42 must...

          4. 45.The undertaker must provide to the Agency a copy of—...

          5. 46.The undertaker at its own costs will inspect, maintain and...

          6. 47.In respect of the Roman Bank only, this Part of...

      5. PART 5 FOR THE PROTECTION OF DRAINAGE AUTHORITIES

        1. 48.The provisions of this Part have effect for the protection...

        2. 49.In this Part of this Schedule— “construction includes execution, placing,...

        3. 50.(1) Before commencing construction of a specified work, the undertaker...

        4. 51.Without limiting paragraph 50, the requirements which the drainage authority...

        5. 52.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 53.(1) Subject to sub-paragraph (5), the undertaker must from the...

        7. 54.Subject to paragraphs 55 and 56 and sub-paragraph 53(5)(b), if,...

        8. 55.The undertaker must make reasonable compensation for costs, charges and...

        9. 56.(1) Without limiting the other provisions of this Part, the...

        10. 57.The fact that any work or thing has been executed...

        11. 58.Any dispute arising between the undertaker and the drainage authority...

      6. PART 6 FOR THE PROTECTION OF ANGLIAN WATER

        1. 59.For the protection of Anglian Water, the following provisions have...

        2. 60.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. 61.The undertaker will not interfere with, build over or near...

        4. 62.The alteration, extension, removal or re-location of any apparatus must...

        5. 63.In the situation, where in exercise of the powers conferred...

        6. 64.Regardless of any provision in this Order or anything shown...

        7. 65.If in consequence of the exercise of the powers conferred...

        8. 66.If in consequence of the exercise of the powers conferred...

        9. 67.If for any reason or in consequence of the construction...

        10. 68.Any agreement or approval of Anglian Water required under this...

        11. 69.Any dispute arising between the undertaker and Anglian Water under...

    9. SCHEDULE 9

      DEEMED MARINE LICENCE

      1. PART 1 INTRODUCTION

        1. Interpretation

          1. 1.(1) In this licence— “the 2009 Act” means the Marine...

          2. 2.(1) Except where otherwise indicated, the main point of contact...

      2. PART 2 LICENSED ACTIVITIES

        1. 3.Subject to the licence conditions in Part 3 of this...

        2. 4.(1) In this licence, “authorised development” means the construction, maintenance...

      3. PART 3 CONDITIONS

        1. General conditions

          1. 5.The undertaker must notify the MMO at the earliest opportunity...

          2. 6.(1) The undertaker must notify the HM Coastguard (mail to:...

          3. 7.(1) The undertaker must ensure that local mariners and fishermen’s...

        2. Vessels

          1. 8.(1) The MMO must be notified in writing of any...

          2. 9.The undertaker must ensure that a copy of this licence...

        3. Agents/contractors/sub-contractors

          1. 10.(1) The undertaker must provide the name, address and function...

          2. 11.(1) The undertaker must ensure that a copy of this...

        4. Construction environmental management plan

          1. 12.(1) The undertaker must submit a CEMP in writing to...

        5. Piling

          1. 13.(1) The undertaker must submit a piling method statement in...

        6. Navigation management plan

          1. 14.(1) The undertaker must submit a navigation management plan in...

        7. Marine archaeology

          1. 15.(1) The undertaker must submit an archaeological written scheme of...

        8. Marine pollution contingency plan

          1. 16.(1) The undertaker must submit a marine pollution contingency plan...

        9. Marine mammal mitigation protocol

          1. 17.(1) The undertaker must submit a marine mammal mitigation protocol...

        10. Landscape and ecological mitigation strategy

          1. 18.(1) The undertaker must submit a landscape and ecological mitigation...

        11. Concrete and cement

          1. 19.(1) Waste concrete, slurry or wash water from concrete or...

        12. Coatings and treatment

          1. 20.The undertaker must ensure that any coatings and any treatments...

        13. Spills, etc.

          1. 21.(1) The undertaker must— (a) store, handle, transport and use...

        14. Removal of temporary structures etc.

          1. 22.The undertaker must remove all equipment, temporary structures, waste and...

        15. Dropped objects

          1. 23.(1) All dropped objects must be reported to the harbour...

        16. Bathymetric surveys

          1. 24.(1) Pre and post dredge bathymetrical surveys must be undertaken...

        17. Sediment sampling

          1. 25.(1) The undertaker must submit a sample plan in writing...

        18. Reporting of impact sound to the Marine Noise Registry

          1. 26.(1) Only when impact driven or part-driven pile foundations or...

        19. Decommissioning

          1. 27.(1) Within 24 months of the permanent cessation of the...

        20. Notice of completion of licensed activity

          1. 28.The undertaker must inform the MMO local office and MMO...

      4. PART 4 PROCEDURE FOR THE DISCHARGE OF CONDITIONS

        1. Meaning of “return”

          1. 29.In this Part, “return” means a submission by the undertaker...

        2. Further information regarding return

          1. 30.(1) The MMO may request in writing such further information...

        3. Determination of returns

          1. 31.(1) In determining the return the MMO may have regard...

        4. Notice of determination

          1. 32.(1) Subject to sub-paragraph (2) or (3), the MMO must...

      5. PART 5 CHANGES TO THE LICENCE

        1. 33.(1) In the event that the undertaker wishes to undertake...

    10. SCHEDULE 10

      DOCUMENTS AND PLANS TO BE CERTIFIED

      1. PART 1 DOCUMENTS AND PLANS TO BE CERTIFIED

      2. PART 2 ENVIRONMENTAL STATEMENT SUPPLEMENTS

    11. SCHEDULE 11

      ORNITHOLOGY COMPENSATION MEASURES

      1. 1.In this Schedule— “addendum to the outline ornithological compensation implementation...

      2. 2.The authorised development may not be commenced until a plan...

      3. 3.Following consultation with the OEG, the OCIMP must be submitted...

      4. 4.The OCIMP submitted for the approval of the Secretary of...

      5. 5.The OCIMP must include measures to compensate for the predicted...

      6. 6.The undertaker must implement the measures as set out in...

      7. 7.The undertaker must notify the Secretary of State of completion...

      8. 8.Results from the monitoring scheme must be submitted at least...

      9. 9.Unless otherwise agreed in writing by the Secretary of State...

      10. 10.The compensation measures delivered under this Schedule must not be...

      11. 11.The OCIMP approved under this Schedule includes any amendments that...

      12. 12.In the event of any conflict or inconsistency between the...

    12. SCHEDULE 12

      HARBOUR SEAL COMPENSATION MEASURES

      1. 1.In this Schedule— “harbour seal compensation measures document” means the...

      2. 2.No part of the authorised development may commence until a...

      3. 3.The strategy submitted for approval must be based on the...

      4. 4.The undertaker must implement the measures set out in the...

      5. 5.The harbour seal compensation strategy approved under this Schedule includes...

      6. 6.Results from the monitoring scheme specified in paragraph 3(d) must...

  10. Explanatory Note

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