The Humber Sea Terminal (Phase III) Harbour Revision Order 2006

PART 1 PRELIMINARY

Citation and Commencement

1.—(1) This Order may be cited as the Humber Sea Terminal (Phase III) Harbour Revision Order 2006 and comes into force on 12th October 2006.

(2) The North Killingholme Haven Harbour Empowerment Order 1994(1) and this Order may be cited together as the Humber Sea Terminal Orders 1994 to 2006.

Interpretation

2.—(1) In this Order—

“1994 Order” means the North Killingholme Haven Harbour Empowerment Order 1994;

“A.B. Ports” means Associated British Ports;

“the Company” means Humber Sea Terminal Limited (previously called Simon Storage Group Limited) which is registered in England and Wales with the number 278815;

“deposited plan” and “deposited sections” mean respectively the plan and sections prepared in triplicate signed by the Head of Ports Division in the Department for Transport and marked “Plan and sections referred to in the Humber Sea Terminal (Phase III) Harbour Revision Order 2006” one copy of which is deposited at the offices of the Secretary of State for Transport, one at the principal office of A.B. Ports and one at the registered office of the Company;

“the Dockmaster” means the Dockmaster of the Company at Humber Sea Terminal;

“the Harbour Master” means the harbour master appointed by A.B. Ports under section 5 (Appointment of harbour master) of the British Transport Docks Act 1972(2) and includes his deputies and assistants;

“the jetty premises” means the works authorised by the Humber Sea Terminal Orders 1994 to 2006 and the land and premises at any time belonging to, or vested in, the Company and used or set aside for the purposes of, or in connection with, the commercial management and operation of those works;

“level of high water” means the level of mean high-water springs;

“limits of deviation” means the limits of deviation shown on the deposited plans;

“the river” means the River Humber;

“tidal work” means so much of the works as is on, under or over tidal waters or tidal lands below the level of high water;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“vessel” means every description of vessel, however propelled or moved, including a hovercraft (within the meaning of the Hovercraft Act 1968)(3), a hydrofoil vessel and anything constructed or used to carry persons or goods by water; and

“the works” means the works authorised by this Order.

(2) All points, directions, lengths, areas and other measurements stated in this Order (other than the limits of deviation) shall be construed as if the words “or thereabouts” were inserted after each such point, direction, length, area or other measurement.

(3) Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.

Incorporation of the North Killingholme Haven Harbour Empowerment Order 1994

3.  The provisions of Articles 3, and 19 to 25 of the 1994 Order, so far as applicable to the purposes of and not inconsistent with the provisions of this Order, are hereby incorporated with this Order and apply to the works authorised by this Order.

PART 2 LIMITS OF JURISDICTION

Limits of jurisdiction

4.—(1) The area within which the Company shall exercise jurisdiction as a harbour authority and within which the powers of its Dockmaster shall be exercised shall comprise the jetty premises together with so much of the river as is within the area of water adjacent to those premises and which is bounded by an imaginary line 100 metres from the jetty premises.

(2) The jurisdiction of the Company as a harbour authority and the powers of its Dockmaster conferred under or by virtue of the Humber Sea Terminal Orders 1994 to 2006 shall be exercised only in relation to vessels going to, moored at or departing from the jetty premises and, without prejudice to the generality of the foregoing, shall not be exercised in relation to any vessel navigating or at anchor in the river unless any such vessel is obstructing the approaches to the works.

(3) In case of conflict between any direction given by the Harbour Master and any direction given by the Dockmaster of the Company, the direction of the Harbour Master shall prevail.

PART 3 WORKS

Power to construct works

5.—(1) The Company may, in the lines or situations and within the limits of deviation and according to the levels shown on the deposited sections, make and maintain the following works, in North Lincolnshire—

• Work No. 1

• A fixed jetty of open construction with bearing piles, breasting and mooring structures, access structures and a reinforced steel or concrete platform commencing at point TA 16813, 20401 and terminating at point TA 16943, 20234, and having an overall length of 211 metres and an overall width of 14 metres.

• Work No. 2

• A reinforced concrete or steel pontoon providing access to Work No. 1 with bearing/restraining piles and access ramps/stairways commencing at point TA 16746, 20373 and terminating at point TA 16843, 20449 and having an overall length of 123 metres and an overall width of 40 metres.

• Work No. 3

• An approach bridge and linkspan from the works constructed pursuant to the 1994 Order to Work No. 2 of open construction with bearing piles and a reinforced concrete and steel platform, commencing at point TA 16615, 20282 and terminating at point TA 16764, 20399 and having an overall length of 190 metres and an overall width of 22 metres.

(2) The Company may within the limits of deviation reconstruct, renew, alter, extend, enlarge, add to, replace or relay the works and may maintain the same as reconstructed, renewed, altered, extended, enlarged, added to, replaced or relaid.

(3) Notwithstanding any provision of the North Killingholme Pier Act 1912(4), the North Killingholme Admiralty Pier Act 1931(5) and the Killingholme Jetty Act 1963(6) the Company may break out and remove the existing timber jetty structure shown on the deposited plans.

(4) No part of the works shall involve the Company undertaking piling works between 1 November 2006 and 31 January 2007 or 15 October to 15 February inclusive in any subsequent year, unless the carrying out of such piling works between those dates has been approved in writing by the Secretary of State for Transport and English Nature.

(5) The works shall for all purposes form part of the undertaking of the Company.

Power to deviate

6.  In the construction of the works the Company may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to any extent downwards as may be found necessary or convenient.

Subsidiary works

7.  The Company may from time to time within the limits of deviation make such trial boreholes or erect, construct and maintain whether temporarily or permanently all such works and conveniences as may be necessary or convenient for the purposes of or in connection with or incidental to the construction, maintenance or use of the works.

Period for commencement of works

8.  If the works are not commenced within ten years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Company allow, then the powers by this Order granted to the Company for making and maintaining the works shall cease except as to so much thereof as is then substantially complete.

Works to be within district of North Lincolnshire, etc

9.—(1) So much of the works as are beyond mean low water shall be deemed to be within—

(a) the district of North Lincolnshire;

(b) the petty sessional division of Barton on Humber;

(c) the Ferry ward.

(2) During the period between the coming into force of this Order and the date when the works have been completed each of the areas mentioned in paragraph (1) above shall be deemed to include all lands beyond mean low water which are within the limits of deviation.

(3) Nothing in this article shall require the performance of any functions under the Ordnance Survey Act 1841(7) until the Company has certified in writing to the Director General of Ordnance Survey that the works have been completed.

Power to dredge

10.—(1) Subject to article 20, the Company may, for the purposes of constructing and maintaining the works and of affording access to the works by vessels, from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the river adjoining or near to the works in accordance with the deposited plans and sections (unless the Secretary of State for Transport and English Nature shall approve otherwise in writing) and may use, appropriate or dispose of the materials from time to time dredged by them.

(2) No materials referred to in this article shall—

(a) be disposed of in contravention of the provisions of any enactment relating to the disposal of waste; or

(b) be deposited below the level of mean high-water springs otherwise than in such places and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.

(3) The power to use, appropriate or dispose of materials referred to in this article does not extend to wreck (within the meaning of Part IX (Salvage and Wreck) of the Merchant Shipping Act 1995)(8).

(4) The Company shall not exercise the powers conferred upon them by this article except with the written consent of A.B. Ports (which it shall not unreasonably withhold) and in accordance with such conditions and restrictions as may be reasonably prescribed by A.B. Ports.

Obstruction of works

11.  Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Tidal works not to be executed without the approval of the Secretary of State

12.—(1) A tidal work shall not be constructed, reconstructed, renewed, added to, extended, enlarged, altered, replaced or relaid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.

(2) If a tidal work is constructed, reconstructed, renewed, added to, extended, enlarged, altered, replaced or relaid in contravention of this article—

(a) the Secretary of State may by notice in writing require the Company at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Company it has failed to take reasonable steps to comply with the requirements of the notice, the Secretary of State may take the steps specified in the notice; or

(b) if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work, or part of it, and restore the site to its former condition;

and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.

Lights on tidal works during construction

13.—(1) The Company shall at or near a tidal work during the whole time of its construction, reconstruction, renewal, extension, enlargement, alteration, replacement or relaying or the making of any addition to it, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State and A.B. Ports, or (failing agreement between them) the Secretary of State, shall from time to time direct.

(2) If the Company fails to comply with any requirement of a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Provision against danger to navigation

14.—(1) In case of injury to or destruction or decay of a tidal work or any part thereof the Company shall as soon as reasonably practicable notify A.B. Ports and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as A.B. Ports may from time to time direct.

(2) If the Company fail to notify A.B. Ports as required by this article or to comply with any requirement of a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Abatement of works abandoned or decayed

15.—(1) Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State or A.B. Ports may by notice in writing require the Company at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State and A.B. Ports, or (failing agreement between them) the Secretary of State, thinks proper.

(2) Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such a condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State or A.B. Ports may include that part of the work, or any portion thereof, in any notice under this article.

(3) If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, it has failed to comply with the requirements of the notice, the Secretary of State or A.B. Ports may take the steps specified in the notice and may recover the reasonable costs incurred in doing so from the Company.

Survey of tidal works

16.  If the Secretary of State or A.B. Ports deems it expedient to do so, the Secretary of State or A.B. Ports may order a survey and examination of a tidal work or of the site upon which it is proposed to construct such a work, and may recover the reasonable costs of that survey and examination from the Company.

Permanent lights on tidal works

17.—(1) After the completion of a tidal work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as A.B. Ports may from time to time direct.

(2) If the Company fail to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

PART 4 MISCELLANEOUS AND GENERAL

Power to mortgage jetty premises

18.  The Company may mortgage, charge or otherwise encumber the jetty premises.

Disapplication of regulation 60 of the Conservation (Natural Habitats &c) Regulations 1994

19.—(1) Regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994(9) (“the Habitats Regulations”) shall not apply to any planning permission which relates to the works and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995(10) for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.

(2) Paragraph (1) does not apply if and to the extent that the works—

(a) do not form part of the plan and project which was subject to an appropriate assessment in accordance with regulation 48 of the Habitats Regulations in connection with the making of this Order; and

(b) are not subject to a further consent, permission or authorisation by a competent authority as defined in the Habitats Regulations.

Crown rights

20.—(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary)—

(a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or

(b) belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.

(2) A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.

Saving for Trinity House

21.  None of the provisions of this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.

Protection of interests

22.—(1) The Schedule to this Order shall have effect for protecting the interests of the bodies specified in that Schedule (being bodies who may be affected by other provisions of this Order).

(2) Where under the Schedule to this Order any difference is to be determined by arbitration and a contrary intention is not elsewhere expressed, the difference shall be referred to, and settled by, a single arbitrator to be agreed between the parties or in default of agreement, to be appointed on the application of either party, after giving notice in writing to the other, by the President of the Institution of Civil Engineers.

Special exemptions

23.  Section 5 (Removal of obstructions) of the Humber Conservancy Act 1899(11) and section 6 (No erections in Humber below river lines or without licence above river lines) of the Humber Conservancy Act 1905(12) shall not apply to the works, and section 8 (Sand &c. not to be removed from bed or foreshore of River Humber without licence of Commissioners) of the latter Act shall not apply to the exercise by the Company of the powers of article 10 of this Order.

Signed by authority of the Secretary of State for Transport

Phil Carey

Head of Ports Division

Department for Transport

21st September 2006