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The Associated British Ports (Immingham Green Energy Terminal) Order 2025

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Disapplication of legislative provisions

    4. 4.Incorporation of the 1847 Act

  3. PART 2 WORKS PROVISIONS

    1. Principal powers

      1. 5.Development consent, etc. granted by the Order

      2. 6.Extent of certain works

    2. Streets

      1. 7.Street works

      2. 8.Application of the 1991 Act

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

      4. 10.Construction and maintenance of new, altered or diverted streets and other structures

      5. 11.Permanent stopping up of streets

      6. 12.Permanent stopping up of public rights of way

      7. 13.Temporary stopping up and prohibition or restriction of use of streets and public rights of way

      8. 14.Use of private roads for construction

      9. 15.Access to works

      10. 16.Agreements with street authorities

      11. 17.Apparatus and rights of statutory undertakers in stopped up streets

    3. Supplementary

      1. 18.Discharge of water

      2. 19.Authority to survey and investigate the land

      3. 20.Protective works

      4. 21.Removal of human remains

  4. PART 3 ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 22.Compulsory acquisition of land

      2. 23.Time limit for exercise of powers to acquire land compulsorily or to possess land temporarily

      3. 24.Compulsory acquisition of rights and restrictive covenants

      4. 25.Acquisition of subsoil or airspace only

      5. 26.Private rights

      6. 27.Power to override easements and other rights

      7. 28.Rights over or under streets

      8. 29.Application of the 1981 Act

      9. 30.Modification of Part 1 of the 1965 Act

    2. Temporary possession of land

      1. 31.Temporary use of land for constructing the authorised project

      2. 32.Temporary use of land for maintaining the authorised project

    3. Supplementary

      1. 33.Statutory undertakers

      2. 34.Recovery of costs of new connections

      3. 35.Acquisition of part of certain properties

      4. 36.Compulsory acquisition of land – incorporation of the mineral code

    4. Compensation

      1. 37.Disregard of certain interests and improvements

      2. 38.Set-off for enhancement in value of retained land

      3. 39.No double recovery

  5. PART 4 OPERATIONAL PROVISIONS

    1. 40.Authorisation of operation and use

    2. 41.Maintenance of authorised project

    3. 42.Limits of dock master’s jurisdiction

    4. 43.Area of jurisdiction to form part of the undertaking and application of byelaws

    5. 44.Power to appropriate

    6. 45.Powers to dredge

  6. PART 5 MISCELLANEOUS AND GENERAL

    1. 46.Benefit of Order

    2. 47.Deemed marine licence

    3. 48.Saving for Trinity House

    4. 49.Provision against danger to navigation

    5. 50.Lights on tidal works during construction

    6. 51.Permanent light on tidal works

    7. 52.Application of landlord and tenant law

    8. 53.Felling or lopping of trees and removal of hedgerows

    9. 54.Trees subject to tree preservation orders

    10. 55.Planning legislation

    11. 56.Traffic regulation measures

    12. 57.Defence to proceedings in respect of statutory nuisance

    13. 58.Protection of interests

    14. 59.Crown rights

    15. 60.Application of sections 91(3A) and (3B) of the 1990 Act

    16. 61.Arbitration

    17. 62.Procedure regarding certain approvals, etc.

    18. 63.Certification of documents, public register, etc.

    19. 64.Service of notices

  7. Signature

    1. SCHEDULE 1

      AUTHORISED PROJECT

      1. PART 1 AUTHORISED DEVELOPMENT

        1. Nationally significant infrastructure project

          1. 1.Work No. 1

        2. Associated development

          1. 2.Work No. 2

          2. 3.Work No. 3

          3. 4.Work No. 4

          4. 5.Work No. 5

          5. 6.Work No. 6

          6. 7.Work No. 7

          7. 8.Work No. 8

          8. 9.Work No. 9

          9. 10.Work No. 10

        3. Further associated development

          1. 11.In connection with such Work Nos. 1 to 10 and...

      2. PART 2 ANCILLARY WORKS

        1. 12.Generally, works within the Order limits comprised in—

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Time limit for beginning of the authorised project

      3. 3.Parts of the authorised project

      4. 4.Detailed approval

      5. 5.Phasing

      6. 6.Construction environmental management plan

      7. 7.Construction traffic management plan

      8. 8.Highway works

      9. 9.Construction hours

      10. 10.Landscape and ecology management plan

      11. 11.Woodland compensation plan

      12. 12.Surface water drainage

      13. 13.Flood risk assessment

      14. 14.Queens Road residential properties

      15. 15.Contaminated land

      16. 16.External lighting

      17. 17.Control of noise during operational use

      18. 18.Decommissioning environmental management plan

      19. 19.Operational travel plan

      20. 20.Operational phase flood emergency response plans

      21. 21.Flood Defence Agreement

    3. SCHEDULE 3

      DEEMED MARINE LICENCE

      1. PART 1 GENERAL

        1. 1.Interpretation

        2. 2.Contacts

        3. 3.Licensed marine activities

        4. 4.Licence to dredge and deposit

        5. 5.Details of licensed marine activities

      2. PART 2 CONDITIONS APPLYING TO ALL LICENSABLE ACTIVITIES

        1. General

          1. 6.(1) With respect to any provision of this Schedule which...

        2. Before licensed activities

          1. 7.Notifications regarding licensed activities

          2. 8.Construction environmental management plan

          3. 9.Sediment sampling

          4. 10.Agents, contractors and sub-contractors

          5. 11.Cold weather construction restriction strategy

          6. 12.Marine Noise Registry

          7. 13.Marine written scheme of archaeological investigation

          8. During licensed activities

            1. 14.Flood risk assessment

            2. 15.Construction environmental management plan

            3. 16.Piling and marine construction works

            4. 17.Marine written scheme of archaeological investigation

            5. 18.Concrete and cement

            6. 19.Coatings and treatment

            7. 20.Pollution and spills

            8. 21.Disposal at sea

            9. 22.Dropped objects

            10. 23.Notice to Mariners

      3. PART 3 PROCEDURE FOR THE DISCHARGE OF CONDITIONS

        1. 24.Approvals and appeals

    4. SCHEDULE 4

      STREETS SUBJECT TO STREET WORKS

    5. SCHEDULE 5

      ALTERATION OF STREETS

      1. PART 1 PERMANENT ALTERATION OF LAYOUT

      2. PART 2 TEMPORARY ALTERATION OF LAYOUT

    6. SCHEDULE 6

      PERMANENT STOPPING UP OF HIGHWAYS

    7. SCHEDULE 7

      PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP

    8. SCHEDULE 8

      TEMPORARY RESTRICTION OR ALTERATION, ETC. OF THE USE OF STREETS OR PUBLIC RIGHTS OF WAY

      1. PART 1 TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OR DIVERSION OF STREETS OR PUBLIC RIGHTS OF WAY

      2. PART 2 TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHTS OF WAY

    9. SCHEDULE 9

      ACCESS TO WORKS

      1. PART 1 PERMANENT MEANS OF ACCESS TO WORKS

      2. PART 2 TEMPORARY MEANS OF ACCESS TO WORKS

    10. SCHEDULE 10

      TRAFFIC REGULATION MEASURES

      1. PART 1 PERMANENT SPEED LIMITS

      2. PART 2 TEMPORARY PROHIBITION OF PARKING

      3. PART 3 TEMPORARY ROAD CLOSURES

      4. PART 4 PRIORITY OF VEHICULAR TRAFFIC

    11. SCHEDULE 11

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

      1. 1.Compensation enactments

      2. 2.(1) Without limitation on the scope of paragraph 1, the...

      3. 3.(1) Without limitation on the scope of paragraph 1, the...

      4. 4.Application of the 1965 Act

    12. SCHEDULE 12

      LAND IN WHICH ONLY NEW RIGHTS AND RESTRICTIVE COVENANTS, ETC. MAY BE ACQUIRED

    13. SCHEDULE 13

      LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

    14. SCHEDULE 14

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF THE STATUTORY CONSERVANCY AND NAVIGATION AUTHORITY FOR THE HUMBER

        1. 1.Interpretation

        2. 2.General

        3. 3.Approval of detailed design of tidal works

        4. 4.Commencement of tidal works

        5. 5.Discharges, etc.

        6. 6.Obstruction in river

        7. 7.Removal, etc. of the Statutory Conservancy and Navigation Authority’s moorings and buoys

        8. 8.Navigational lights, buoys, etc.

        9. 9.Removal of temporary works

        10. 10.Protective action

        11. 11.Abandoned or decayed works

        12. 12.Facilities for navigation

        13. 13.Sedimentation, etc. and remedial action

        14. 14.Indemnity

        15. 15.Statutory functions

        16. 16.Operating procedures

        17. 17.Removal of wrecks and obstructions, etc.

        18. 18.Oil spillage plan

      2. PART 2 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 19.Application

        2. 20.Definitions

        3. 21.Crossing flood management infrastructure

        4. 22.Submission and approval of plans

        5. 23.Construction of protective works

        6. 24.Timing of works and service of notices

        7. 25.Works not in accordance with this Part of this Schedule

        8. 26.Maintenance of works during construction

        9. 27.Remediating impaired drainage work

        10. 28.Agency access

        11. 29.Free passage of fish

        12. 30.Outfall channels

        13. 31.Costs and indemnity

        14. 32.Disputes

      3. PART 3 FOR THE PROTECTION OF NORTHERN POWERGRID

        1. 33.Application

        2. 34.Interpretation

        3. 35.Acquisition of land

        4. 36.Removal of apparatus

        5. 37.Facilities and rights for alternative apparatus

        6. 38.Retained apparatus

        7. 39.Expenses and costs

        8. 40.Damage to property and other losses

        9. 41.Enactments and agreements

        10. 42.Cooperation

        11. 43.Miscellaneous

        12. 44.Where practicable, the undertaker and Northern Powergrid will make reasonable...

      4. PART 4 FOR THE PROTECTION OF ANGLIAN WATER

        1. 45.Application

        2. 46.Interpretation

        3. 47.Protective works to buildings

        4. 48.Acquisition of land

        5. 49.Removal of apparatus

        6. 50.Facilities and rights for alternative apparatus

        7. 51.Retained apparatus

        8. 52.Expenses and costs

        9. 53.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        10. 54.Cooperation

        11. 55.Where the undertaker identifies any apparatus which may belong to...

        12. 56.Enactments and agreements

        13. 57.Substitution of agreed periods of time

      5. PART 5 FOR THE PROTECTION OF NETWORK RAIL

        1. 58.Application

        2. 59.Interpretation

        3. 60.(1) Where under this Part of this Schedule Network Rail...

        4. 61.(1) The undertaker must not exercise the powers conferred by...

        5. 62.(1) The undertaker must before commencing construction of any specified...

        6. 63.(1) Any specified work and any protective works to be...

        7. 64.The undertaker must— (a) at all times afford reasonable facilities...

        8. 65.Network Rail must at all times afford reasonable facilities to...

        9. 66.(1) If any permanent or temporary alterations or additions to...

        10. 67.(1) The undertaker must repay to Network Rail all reasonable...

        11. 68.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 69.If at any time after the completion of a specified...

        13. 70.The undertaker must not provide any illumination or illuminated sign...

        14. 71.Any additional expenses which Network Rail may reasonably incur in...

        15. 72.(1) The undertaker must pay to Network Rail all reasonable...

        16. 73.Network Rail must, on receipt of a request from the...

        17. 74.In the assessment of any sums payable to Network Rail...

        18. 75.The undertaker and Network Rail may, subject in the case...

        19. 76.Nothing in this Order, or in any enactment incorporated with...

        20. 77.The undertaker must give written notice to Network Rail where...

        21. 78.The undertaker must no later than 28 days from the...

      6. PART 6 FOR THE PROTECTION OF NORTH EAST LINCOLNSHIRE COUNCIL (AS LEAD LOCAL FLOOD AUTHORITY)

        1. 79.Application

        2. 80.Interpretation

        3. 81.(1) Before beginning to construct any specified work, the undertaker...

        4. 82.(1) Without limitation on the scope of paragraph 81, the...

        5. 83.(1) Subject to sub-paragraph (3), any specified work, and all...

        6. 84.(1) Subject to sub-paragraph (2) the undertaker must from the...

        7. 85.Subject to paragraph 84, if by reason of the construction...

        8. 86.(1) The undertaker must repay the authority all proper and...

        9. 87.(1) Without affecting the other provisions of this Part of...

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

        11. 89.Any dispute arising between the undertaker and the authority under...

      7. PART 7 FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER

        1. 90.Application

        2. 91.Interpretation

        3. 92.On street apparatus

        4. 93.Apparatus of Cadent in stopped up streets

        5. 94.Protective works to buildings

        6. 95.Acquisition of land

        7. 96.Removal of apparatus

        8. 97.Facilities and rights for alternative apparatus

        9. 98.Retained apparatus: protection of Cadent

        10. 99.Expenses

        11. 100.Indemnity

        12. 101.Enactments and agreements

        13. 102.Co-operation

        14. 103.For the avoidance of doubt whenever Cadent’s consent, agreement or...

        15. 104.Access

        16. 105.Arbitration

        17. 106.Notices

      8. PART 8 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 107.Application

        2. 108.Interpretation

        3. 109.The exercise of the powers of article 33 (statutory undertakers)...

        4. 110.(1) Subject to paragraphs 111 and 112, if as the...

        5. 111.This Part of this Schedule does not apply to—

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

      9. PART 9 FOR THE PROTECTION OF THE NORTH EAST LINDSEY DRAINAGE BOARD

        1. 113.Application

        2. 114.Interpretation

        3. 115.(1) The undertaker must not make any opening into or...

        4. 116.Without limiting paragraph 115, the requirements which the Board may...

        5. 117.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 118.If by reason of the construction of any specified work...

        7. 119.The undertaker must pay to the Board all costs, charges...

        8. 120.(1) Without limiting the other provisions of this Part of...

        9. 121.The fact that any work or thing has been executed...

        10. 122.Any dispute between the undertaker and the Board under this...

      10. PART 10 FOR THE PROTECTION OF CLDN PORTS KILLINGHOLME LIMITED

        1. 123.Application

        2. 124.Interpretation

        3. 125.Co-operation

        4. 126.Notice and undue interference

        5. 127.Any operations for the construction of the specified work must...

        6. 128.Indemnity

        7. 129.Statutory powers

        8. 130.With the exception of any duty owed by CLdN to...

        9. 131.Arbitration

    15. SCHEDULE 15

      DOCUMENTS AND PLANS TO BE CERTIFIED

    16. SCHEDULE 16

      ARBITRATION RULES

      1. 1.Commencing an arbitration

      2. 2.Time periods

      3. 3.Timetable

      4. 4.Procedure

      5. 5.Arbitrator’s powers

      6. 6.Costs

      7. 7.Confidentiality

    17. SCHEDULE 17

      PROCEDURE REGARDING CERTAIN APPROVALS, ETC.

      1. 1.Interpretation

      2. 2.Applications made under provisions of this Order

      3. 3.Further information and consultation

      4. 4.Appeals

      5. 5.Fees

  9. Explanatory Note

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