The Able Marine Energy Park Development Consent Order 2014

PART 15 FOR THE PROTECTION OF THE OIL AND PIPELINES AGENCY

119.—(1) Unless agreed otherwise in writing between the undertaker and the Oil and Pipelines Agency, the provisions of this Part of this Schedule will apply.

(2) This paragraph applies if any part of the river at, or adjacent to, the Oil and Pipelines Agency’s facility on the river becomes subject to sedimentation, scouring, currents or wave action which—

(a) is, during the period beginning with the commencement of the construction of a tidal work and ending with the expiration of 10 years after the date on which all the tidal works constructed under this Order are completed, wholly or partly caused by a tidal work; and

(b) for the safety of navigation or for the protection of the Oil and Pipelines Agency’s facility on the river, should in the reasonable opinion of the Oil and Pipelines Agency be prevented, mitigated or made good.

(3) The undertaker must either—

(a) pay to the Oil and Pipelines Agency any additional expense to which the Oil and Pipelines Agency may reasonably be put in preventing, mitigating or making good the sedimentation, scouring, currents or wave action so far as required by the needs of traffic in, or the flow or regime of, the river at, or adjacent to, the Oil and Pipelines Agency’s facility so far as (in any case) it is attributable to the tidal work; or

(b) carry out the necessary dredging at its own expense and subject to the prior approval of the Oil and Pipelines Agency, such prior approval not to be unreasonably withheld or delayed,

and the reasonable expenses payable by the undertaker under this paragraph include any additional expenses accrued or incurred by the Oil and Pipelines Agency in carrying out surveys or studies in connection with the implementation of this paragraph.

120.  Before extinguishing any existing rights for the Oil and Pipelines Agency to pass along parcel 03009 (Station Road), the undertaker must, with the agreement of the Oil and Pipelines Agency, create a new right of way for the Oil and Pipelines Agency, such agreement not to be unreasonably withheld or delayed, and to be subject to arbitration under article 57 (arbitration).