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The Keuper Underground Gas Storage Facility Order 2017

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  1. Introductory Text

  2. PART 1

    1. PRELIMINARY

      1. 1.Citation and Commencement

      2. 2.Interpretation

  3. PART 2

    1. PRINCIPAL POWERS

      1. 3.Development consent for authorised development etc.

      2. 4.Maintenance of authorised development

      3. 5.Authorisation of Use

      4. 6.Benefit of Order

      5. 7.Consent to transfer benefit of Order

      6. 8.Defence to proceedings in respect of statutory nuisance

      7. 9.Guarantees in respect of payment of compensation

  4. PART 3

    1. STREETS

      1. 10.Street works

      2. 11.Power to alter layout, etc., of streets

      3. 12.Maintenance of altered streets

      4. 13.Temporary prohibition or restriction of use of streets

      5. 14.Access to works

      6. 15.Agreements with street authorities

  5. PART 4

    1. SUPPLEMENTAL POWERS

      1. 16.Discharge of water

      2. 17.Protective work to buildings

      3. 18.Authority to survey and investigate the land

      4. 19.Temporary closure of, and works in and over, the canal

  6. PART 5

    1. POWERS OF ACQUISITION

      1. 20.Compulsory acquisition of land

      2. 21.Time limit for exercise of authority to acquire land compulsorily

      3. 22.Compulsory acquisition of rights

      4. 23.Acquisition of subsoil only

      5. 24.Acquisition of part of certain properties

      6. 25.Statutory authority to override easements and other rights

      7. 26.Application of the Compulsory Purchase (Vesting Declarations) Act 1981

      8. 27.Temporary use of land for carrying out the authorised development

      9. 28.Temporary use of land for maintaining the authorised development

      10. 29.Statutory undertakers

      11. 30.Private rights

      12. 31.Rights under or over streets

  7. PART 6

    1. MISCELLANEOUS AND GENERAL

      1. 32.Operational land for the purposes of the 1990 Act

      2. 33.Felling or lopping of trees or shrubs

      3. 34.Protective provisions

      4. 35.Certification of plans etc.

      5. 36.Application of the Hedgerows Regulations 1997

      6. 37.Procedure in relation to certain approvals etc.

      7. 38.Appeals relating to decisions under requirements

      8. 39.Application of landlord and tenant law.

      9. 40.Arbitration

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECT

      2. ASSOCIATED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Time limits

      2. 2.Authorised development to be carried out in accordance with certified plans and documents and with matters approved under requirements

      3. 3.Construction Environmental Management Plan

      4. 4.Approval of details

      5. 5.Control of noise during solution mining and gas operation

      6. 6.Landscaping

      7. 7.Accesses to works

      8. 8.Construction traffic

      9. 9.Limits on heavy goods vehicle movements

      10. 10.Internal roads

      11. 11.Fencing and other means of enclosure

      12. 12.Ground and surface water and pollution prevention

      13. 13.Hedgerows

      14. 14.Land Contamination

      15. 15.Archaeology

      16. 16.External lighting

      17. 17.Restoration scheme

      18. 18.Decommissioning

      19. 19.Requirement for written approval

      20. 20.Amendments to approved details

      21. 21.European protected species

      22. 22.Conveyance of gas, water and brine

      23. 23.Environmental management system for normal operation

      24. 24.Control of radio emissions

    3. SCHEDULE 3

      STREETS SUBJECT TO STREET WORKS

    4. SCHEDULE 4

      STREETS SUBJECT TO ALTERATION OF LAYOUT

    5. SCHEDULE 5

      STREETS AND RIGHT OF WAY TO BE TEMPORARILY STOPPED UP

    6. SCHEDULE 6

      ACCESS TO WORKS

    7. SCHEDULE 7

      TEMPORARY CLOSURE AND WORKS IN THE CANAL

    8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAYBE TAKEN

    9. SCHEDULE 9

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER

        1. 1.Application

        2. 2.Interpretation

        3. 3.Except for paragraphs 4 (apparatus in stopped up streets), 9...

        4. 4.Apparatus of undertakers in stopped up streets

        5. 5.Protective works to buildings

        6. 6.Acquisition of land

        7. 7.Removal of apparatus

        8. 8.Facilities and rights for alternative apparatus

        9. 9.Retained apparatus: protection of Gas Undertakers

        10. 10.Retained apparatus: protection of Electricity Undertakers

        11. 11.Expenses

        12. 12.Indemnity

        13. 13.Enactments and agreements

        14. 14.Co-operation

        15. 15.Access

        16. 16.Arbitration

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

        1. 17.For the protection of the operator referred to in this...

        2. 18.In this Part of this Schedule– “the 2003 Act” means...

        3. 19.The exercise of the powers conferred by article 29 (statutory...

        4. 20.(1) Subject to paragraphs 20(2) and 20(3), if as the...

        5. 21.This Part of this Schedule does not apply to–

        6. 22.Nothing in this Part of this Schedule affects the provisions...

      3. PART 3 FOR THE PROTECTION OF THE CANAL & RIVER TRUST

        1. 23.The following provisions are to have effect for the protection...

        2. 24.In this Part of this Schedule– “construction” includes execution, placing,...

        3. 25.(1) Where under this Part of this Schedule or anywhere...

        4. 26.(1) The undertaker must not exercise the powers conferred by...

        5. 27.(1) The undertaker must before commencing construction of any specified...

        6. 28.The undertaker shall not use any land or property of...

        7. 29.(1) Before the commencement of the initial construction of any...

        8. 30.(1) Without prejudice to its obligations under the foregoing provisions...

        9. 31.(1) The undertaker shall give to the engineer 30 days’...

        10. 32.(1) The undertaker shall provide and maintain at its own...

        11. 33.(1) The undertaker shall not in the course of constructing...

        12. 34.If at any time during or after the completion of...

        13. 35.(1) The undertaker must pay to the Canal & River...

        14. 36.The Canal & River Trust must, on receipt of a...

        15. 37.In the assessment of any sums payable to the Canal...

        16. 38.The undertaker and the Canal & River Trust may enter...

        17. 39.This Part of this Schedule does not apply to apparatus...

        18. 40.The undertaker must repay to the Canal & River Trust...

        19. 41.(1) If any permanent or temporary alterations or additions to...

        20. 42.Any additional expenses which the Canal & River Trust may...

        21. 43.(1) The fact that any act or thing may have...

        22. 44.Any difference arising between the undertaker and the Canal &...

        23. 45.Any capitalised sum which is required to be paid under...

      4. PART 4 FOR THE PROTECTION OF SCOTTISH POWER ENERGY NETWORKS

        1. 46.For the protection of SPEN the following provisions are, unless...

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

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

        4. 49.Regardless of any provision in this Order or anything shown...

        5. 50.(1) If, in the exercise of the powers conferred by...

        6. 51.(1) Where, in accordance with the provisions of this Part...

        7. 52.(1) Not less than 28 days before starting the execution...

        8. 53.(1) Subject to the following provisions of this paragraph, the...

        9. 54.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        10. 55.Nothing in this Part of this Schedule shall affect the...

      5. PART 5 FOR THE PROTECTION OF HOLFORD GAS STORAGE LIMITED

        1. 56.Application

        2. 57.Interpretation

        3. 58.Except for paragraphs 59 (apparatus in stopped up streets), 62...

        4. 59.Apparatus of undertaker in stopped up streets

        5. 60.Protective works to buildings

        6. 61.Acquisition of land

        7. 62.Retained apparatus

        8. 63.Expenses

        9. 64.Indemnity

        10. 65.Co-operation

        11. 66.Access

        12. 67.Arbitration

  10. Explanatory Note

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