The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010

• “post-construction archaeological work” means any archaeological work which is in the Scheme expressed as being required to be carried out by the Company after the completion of construction of a relevant work;

• “pre-construction archaeological work” means any archaeological work which is in the Scheme expressed as being required to be carried out by the Company before the commencement of construction of a relevant work;

• “relevant work” means any and each of the following— Works Nos. 1, 2, 3, 4, 5 and 6 or any of them; Dredging Works Nos. 1, 2, 4 and 5 or any of them; Dredging Work No. 3; and any of Dredging Works Nos. 1, 2, 3, 4 and 5 but only insofar as they result in the disposal of material in the disposal site;

• “Retained Archaeologist” means the suitably qualified and experienced archaeologist or archaeological organisation to be employed and retained by the Company as required by the Scheme to supervise the implementation of the Scheme; and

• “Scheme” means the Written Scheme of Investigation relating to the works agreed between the Company and English Heritage prepared by Wessex Archaeology under reference 70440.5 and dated 18 December 2008 and including a Dredge Reporting Protocol, and the definition shall include all method statements and generic method statements agreed pursuant to the Scheme and all amendments and revisions to the Scheme from time to time.

Written scheme of investigation

2

The Company shall not commence construction of a relevant work until the Company has—

• (a) appointed the Retained Archaeologist to ensure the delivery of the Scheme; and

• (b) carried out the pre-construction archaeological work applicable to that relevant work.

3

During construction of a relevant work, the Company will secure the implementation of the measures on its part set out in or from time to time agreed pursuant to the Scheme applicable to that relevant work (other than the pre-construction archaeological work and the post-construction archaeological work).

4

Following the completion of construction of a relevant work, the Company will secure the implementation of all the post-construction archaeological work applicable to that relevant work.

5

Any work executed or undertaken by or on behalf of the Company in accordance with the Scheme approved or deemed to be approved by English Heritage shall not relieve the Company of any liability.

Application of Town and Country Planning legislation

6

The provisions of this Schedule shall be deemed to be conditions subject to which a planning permission was granted under section 70 of the 1990 Act and, accordingly, they shall be subject to the provisions of that Act and all associated legislation and, in particular, they may be varied in their application to the works in accordance with sections 73 and 73A of the 1990 Act and the Town and Country Planning (General Development Procedure) Order 1995.

SCHEDULE 8 — FOR THE PROTECTION OF THE HIGHWAYS AGENCY

1

In this Schedule—

• “Port Management Plan” means the Bristol Deep Sea Container Terminal Port Management Plan agreed between the Company and the Highways Agency of the Secretary of State for Transport (“Highways Agency”) dated December 2008 as it may be amended from time to time; and

• “beneficial use” means the use of the works to generate revenue from shipping but, without limitation, does not include activities related to the construction, marketing, security or maintenance of the works.

Construction management plan

2

• (1) Construction of the works shall not commence until the Company has agreed with the Highways Agency pursuant to the provisions of the Port Management Plan the details of a construction management plan relating to the works, the construction management plan to be based on the Bristol Deep Sea Container Terminal construction management plan dated August 2008.

• (2) During construction of the works, the Company will implement the measures on its part set out in and from time to time agreed pursuant to the construction management plan agreed under this paragraph.

Travel plan

3

• (1) None of the works shall be brought into beneficial use until the detailed measures comprising the travel plan for the operation of the works have been approved by the Highways Agency in accordance with the Port Management Plan, the travel plan to be based on the Bristol Deep Sea Container Terminal interim travel plan dated August 2008.

• (2) During the beneficial use of the works, the Company shall implement the measures on its part set out in and from time to time agreed pursuant to the travel plan agreed under this paragraph.

Port Management Plan

4

During the beneficial use of the works the Company shall implement the measures and comply with the requirements on its part set out in and from time to time agreed pursuant to the Port Management Plan.

Application of Town and Country Planning legislation

5

The provisions of this Schedule shall be deemed to be conditions subject to which a planning permission was granted under section 70 of the 1990 Act and, accordingly, they shall be subject to the provisions of that Act and all associated legislation and, in particular, they may be varied in their application to the works in accordance with sections 73 and 73A of the 1990 Act and the Town and Country Planning (General Development Procedure) Order 1995.

Signed

Signed by authority of the Secretary of State for Transport

Richard Bennett — Head of Ports Division — Department for Transport — 6th August 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises First Corporate Shipping Limited as harbour authority for the Port of Bristol and the Harbour of Bristol (other than the City Docks and the Portishead Pier and Docks) to reclaim land and to construct works at The Port of Bristol and on the bed of the River Severn, including a breakwater, a new quay, port facilities and rail infrastructure, and to dredge the River Severn in connection with those works and to provide an approach channel to those works. The Order also authorises the carrying out of subsidiary works and related construction activity.

The works will form part of Avonmouth Docks and of the undertaking of the Company. The Order extends the application of enactments and byelaws affecting the Port of Bristol and Harbour of Bristol so as to include the works.

By virtue of section 7(5) of the Pilotage Act 1987 a direction given by a competent harbour authority for the purposes of making pilotage compulsory for ships navigating in a specified area shall not apply to any area which is outside the authority’s harbour unless the limits of jurisdiction of the authority for pilotage have been extended to cover that area.

This Order accordingly extends the limits of jurisdiction of First Corporate Shipping Limited for pilotage purposes under Part 1 of the Pilotage Act 1987 so as to include an area outside the port in respect of which the authority considers that pilotage should be compulsory.

The deposited plans and sections of the works authorised by the Order can be inspected during normal working hours at the offices of the Department for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR and at the offices of the Company, St Andrew’s House, St Andrew’s Road, Avonmouth, Bristol BS11 9DQ.

Footnotes

[^f00001]: 1964 c. 40. Section 14 was amended by the Transport Act 1981 (c. 56), sections 18 and 40, Schedule 6, paragraphs 2, 3, 4(1) and 14 and Schedule 12, Part 2; the Transport and Works Act 1992 (c. 42), section 63 and Schedule 3 paragraph 1; the Criminal Justice Act 1982 (c. 48), sections 37 and 46; the Planning Act 2008 (c. 29), section 36 and Schedule 2, paragraphs 8 and 9; S.I. 2006/1177, regulation 2 and Part 1 of the Schedule; and S.I. 2009/1941, article 2 and Schedule 1, paragraph 12.

[^f00002]: 1987 c. 21.

[^f00003]: For the definition of “the Minister” (mentioned in section 14(7)) see section 57(1).

[^f00004]: 1847 c. 27 (10 & 11 Vict.).

[^f00005]: 1990 c. 8.

[^f00006]: S.I. 1993/2974.

[^f00007]: S.I. 1995/418 to which there have been amendments not relevant to this Order.

[^f00008]: 1985 c. 6.

[^f00009]: 1968 c. 59.

[^f00010]: 1991 c. 57. Section 85 is amended by S.I. 2007/3538, regulations 73 and 74, Schedule 21, Part 1 paragraph 21 and Schedule 23; and S.I. 2009/1799, regulation 28(1) and Schedule 2, paragraph 2.

[^f00011]: 1995 c. 21.

[^f00012]: 1985 c. 48.

[^f00013]: 1974 c. 40.

[^f00014]: 1841 c. 30.

[^f00015]: 1987 c.21.

[^f00016]: A copy of the byelaws may be obtained from The Bristol Port Company at St Andrew’s House, St Andrew’s Road, Avonmouth, Bristol BS11 9DQ.

[^f00017]: 1990 c. 43. Section 82(1) is amended by the Environment Act 1995 (c. 25), section 107 and Schedule 17, paragraph 6.

[^f00018]: Section 82(2) is amended by the Noise and Statutory Nuisance Act 1993 (c. 40), section 5 and by the Environment Act 1995, section 107 and Schedule 17, paragraph 6.

[^f00019]: Sections 61(9) and 65(8) are amended by the Environment Act 1995 (c. 25), section 120 and Schedule 24 and the Environmental Protection Act 1990 (c. 43) section 162 and Schedule 15, paragraph 15.

[^f00020]: 1974 c. 40. Section 61 is amended by the Building Act 1984 (c. 55), section 133 and Schedule 7; the Environment Act 1995 (c. 25), section 120 and Schedule 24, and the Environmental Protection Act 1990 (c. 43), section 162 and Schedule 15 paragraph 15. There are other amendments but none is relevant.

[^f00021]: Section 70 is amended by the Planning and Compensation Act 1991 (c. 34), section 32 and Schedule 7, paragraph 14.

[^f00022]: Section 73 is amended by the Planning and Compulsory Purchase Act 2004 (c. 5), sections 42, 51 and 120 and Schedule 9, and section 73A was inserted by the Planning and Compensation Act 1991, section 32 and Schedule 7, paragraph 16.

[^f00023]: S.I. 1995/419.

[^f00024]: Article 3 is amended by the Utilities Act 2000 (c. 27), section 76; S.I. 1999/293, regulations 34 and 35 and Schedule 5; S.I. 1999/1783, regulation 15; S.I. 2003/956, article 13 and Schedule 6, paragraph 3; and S.I. 2006/1282, article 16. Part 11 of Schedule 2 is amended by S.I. 1996/528, article 2.

[^f00025]: There are amendments to Part 17 of Schedule 2 but none is relevant.

[^f00026]: S.I. 2010/490.

[^f00027]: S.I. 2002/3268.

[^f00028]: 1890 c. cxliv.

[^f00029]: 1972 c. xxxvii.

[^f00030]: 1845 c. lxxxix.

[^f00031]: 1993 c. 42.

[^f00032]: 1991 c. 57.

[^f00033]: Section 109 is amended by the Environment Act 1995 (c. 25), section 120 and Schedule 22, paragraph 128, and is prospectively amended by the Marine and Coastal Access Act 2009 (c. 23), section 82.

[^f00034]: 1991 c. 59. Section 23 is amended by the Environment Act 1995, section 120 and Schedule 22, paragraphs 191 and 192. This section is prospectively amended by the Flood and Water Management Act 2010 (c. 29) section 31 and Schedule 2, paragraphs 25 and 32.

[^f00035]: English Heritage is the name by which the Historic Buildings and Monuments Commission for England, established under section 32 of the National Heritage Act 1983 (c. 47), is known.

[^f00036]: 1985 c. 48.