The Net Zero Teesside Order 2024

SCHEDULE 12 (1) For the protection of the NZT Undertaker, the following provisions have effect, unless otherwise agreed in writing between the Parties. (2) The following definitions apply in this Part of this Schedule— - “Anglo American Apparatus” means the pipeline, cables, structures which are or are to be owned, occupied or maintained by the undertaker within the Shared Area; - “Land Plans” means the land plans as defined by the NZT Order; - “NZT Apparatus” means the pipeline, cables, structures to be owned, occupied or maintained by the NZT Undertaker within the Shared Area; - “NZT Order” means the Net Zero Teesside Order 2024; - “NZT Project” means the construction, operation or maintenance of the authorised development as is defined by the NZT Order; - “NZT Specified Works” means so much of the NZT Project as is within the Shared Area; - “NZT Undertaker” means the undertaker as defined by the NZT Order; - “Parties” means the NZT Undertaker and the undertaker; - “Plans” includes sections, drawings, specifications design data, software, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of the shared area; - “Property Documents” means any leases, licences or other documents by virtue of which Anglo American has an interest in, on or over land; - “Respective Projects” means the NZT Project and the authorised development; - “Secretary of State” means the Secretary of State for Energy Security and Net Zero or any successor in function; - “Shared Area” means the land coloured blue on the Shared Area Plan; - “Shared Area 1” means the land comprising plots 222 and 223 on the Land Plans; - “Shared Area 2” means the land comprising plots 252, 252a, 253, 253a, 255, 263, 278, 280, 281, 284, 285, 286, 294, 301, 302, 303, 314, 315, 316, 317, 318, 319, 320, 321, 322, 324, 325, 328, 329, 330, 331, 332, 333, 343 and 541 on the Land Plans; - “Shared Area 3” means the land comprising plots 332, 343, 345 and 347 on the Land Plans; - “Shared Area 4” means the land comprising plots 384, 397, 395, 401 and 405 on the Land Plans; - “Shared Area 5” means the land comprising plots 417, 418, 427, 432, 436 and 439 on the Land Plans; - “Shared Area 6” means the land comprising plots 540a and 540d on the Land Plans; - “Shared Area Plan” means the plan which is certified as the Net Zero Teesside Anglo American Shared Area Plan by the Secretary of State under article 45 (certification of plans etc.) of the NZT Order; and - “Specified Works” means so much of the authorised development as is within the Shared Area. (3) (1) Where the consent or agreement of the NZT Undertaker is required under the provisions of this Schedule the undertaker must give at least 21 days written notice to the NZT Undertaker of the request for such consent or agreement and in such notice must specify the works or matter for which consent or agreement is to be requested and the Plans that will be provided with the request which must identify— (a) the land that will or may be affected; (b) which Works Nos. from the Order any powers sought to be used or works to be carried out relate to; (c) the identity of the contractors carrying out the work; (d) the proposed programme for the power to be used or works to be carried out; and (e) the named point of contact for the undertaker for discussions in relation to the information supplied and the consenting process. (2) The NZT Undertaker must notify the undertaker within 14 days of the receipt of the written notice under sub-paragraph (1) of— (a) any information it reasonably requires to be provided in addition to that proposed to be supplied by the undertaker under sub-paragraph (1); (b) any particular circumstances with regard to the construction or operation of the NZT Project it requires to be taken into account; (c) the named point of contact for the NZT Undertaker for discussions in relation to the information supplied and the consenting process; and (d) the specific person who will be responsible for confirming or refusing the consent or agreement. (3) Any request for consent under paragraphs 5(1), 6(1) and 6(2) must be accompanied by the information referred to in sub-paragraph (1) as amended or expanded in response to sub-paragraph (2). (4) Subject to sub-paragraph (5), where conditions are included in any consent granted by the NZT Undertaker pursuant to this Part of this Schedule, the undertaker must comply with the conditions if it chooses to implement or rely on the consent, unless the conditions are waived or varied in writing by the NZT Undertaker. (5) Wherever in this Schedule provision is made with respect to the agreement, approval or consent of the NZT Undertaker, that approval or consent must be in writing and subject to such reasonable terms and conditions as the NZT Undertaker may require including conditions requiring protective works to be carried out, but must not be unreasonably refused or delayed and for the purposes of these provisions it will be deemed to be reasonable for any consent to be refused if it would— (a) compromise the safety and operational viability of the NZT Project; (b) make regulatory compliance more difficult or expensive; and/or (c) prevent the ability of the NZT Undertaker to have uninterrupted access to the NZT Project, provided that before the NZT Undertaker can validly refuse consent for any of the reasons set out in sub-paragraphs (a) and (b) it must first give the undertaker seven days’ notice of such intention and consider any representations made in respect of such refusal by the undertaker to the NZT Undertaker within that seven day period. (6) The seven day period referred to in the proviso to sub-paragraph (5) must be added to the period of time within which any request for agreement, approval or consent is required to be responded to pursuant to the provisions of this Schedule. (7) In the event that— (a) the undertaker considers that the NZT Undertaker has unreasonably withheld its authorisation or agreement under paragraphs 5(1), 6(1) and/or 6(2); or (b) the undertaker considers that the NZT Undertaker has given its authorisation under paragraphs 5(1), 6(1) and/or 6(2) subject to unreasonable conditions, the undertaker may refer the matter to an expert for determination under paragraph 11. (8) Any notice under sub-paragraph (1) and any request for approval or consent under the provisions of this Schedule must be sent to the NZT Undertaker by recorded delivery and addressed to Andy Lane, VP Hydrogen – UK, bp, Chertsey Road, Sunbury on Thames, Middlesex TW16 7LN, and copied to Clare Haley, Senior Counsel, bp, Chertsey Road, Sunbury on Thames, Middlesex TW16 7LN (or the equivalent named individual holding those positions at the time of the notice) and by email to andy.lane@uk.bp.com and clare.haley@uk.bp.com. (9) In the event that the NZT Undertaker does not respond in writing to a request for approval or consent or agreement within 28 days of its receipt of the postal request then the undertaker may serve upon the NZT Undertaker written notice requiring the NZT Undertaker to give their decision within a further 28 days beginning with the date upon which the NZT Undertaker received written notice from the undertaker and, subject to compliance with sub-paragraph (10), if by the expiry of the further 28 day period the NZT Undertaker has failed to notify the undertaker of its decision the NZT Undertaker is deemed to have given its consent, approval or agreement without any terms or conditions. (10) Any further notice given by the undertaker under sub-paragraph (9) must include a written statement that the provisions of sub-paragraph (9) apply to the relevant approval or consent or agreement. (4) Insofar as the NZT Specified Works are or may be undertaken concurrently with the Specified Works within the Shared Area, the undertaker must— (a) co-operate with the NZT Undertaker with a view to ensuring— (i) the co-ordination of programming of all activities and the carrying out of works within the Shared Area; and (ii) that access for the purposes of the construction and operation of the NZT Project is maintained for the NZT Undertaker and its contractors, employees, contractors and sub-contractors; and (b) use reasonable endeavours to avoid any conflict arising from the carrying out of the Respective Projects. (5) (1) The undertaker must not carry out the Specified Works without the prior written consent of the NZT Undertaker obtained pursuant to, and in accordance with, the provisions of paragraph 3. (2) Where under paragraph 3(5) the NZT Undertaker requires any protective works to be carried out either by themselves or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to the reasonable satisfaction of the NZT Undertaker. (3) Nothing in paragraph 3 or this paragraph 5 precludes the undertaker from submitting at any time or from time to time, but in no case less than 48 days before commencing the execution of any of the Specified Works, new Plans in respect of that Specified Work in substitution of the Plans previously submitted, and the provisions of this paragraph and paragraph 3 shall apply to the new Plans. (4) Where there has been a reference to an expert in accordance with paragraph 11 and the expert gives approval for the works concerned, the Specified Works must be carried out in accordance with that approval and any conditions applied by the decision of the expert under paragraph 11. (5) The undertaker must give to the NZT Undertaker not less than 28 days’ written notice of its intention to commence the construction of any of the Specified Works and, not more than 14 days after completion of their construction, must give the NZT Undertaker written notice of the completion. (6) The undertaker is not required to comply with sub-paragraphs (1) to (5) above in a case of emergency, (being actions required directly to prevent possible death or injury) but in that case it must give to the NZT Undertaker notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and thereafter must comply with paragraphs 3 and 5 in so far as is reasonably practicable in the circumstances. (7) The undertaker must at all reasonable times during construction of the Specified Works allow the NZT Undertaker and its officers, employees, servants, contractors, and agents access to the Specified Works and all reasonable facilities for inspection of the Specified Works. (8) After the purpose of any temporary works has been accomplished, the undertaker must with all reasonable dispatch, or after a reasonable period of notice in writing from the NZT Undertaker requiring the undertaker to do so, remove the temporary works in, on, under, over, or within the Shared Area. (9) If the undertaker fails to remove the temporary works within a reasonable period of receipt of a notice pursuant to sub-paragraph (8), the NZT Undertaker may remove the temporary works and may recover the reasonable costs of doing so from the undertaker. (10) The undertaker must not exercise the powers conferred by the Order or undertake the Specified Works to prevent or interfere with the access by the NZT Undertaker to the NZT Specified Works unless first agreed in writing by the NZT Undertaker. (11) If in consequence of the exercise of the powers conferred by the Order or the carrying out of the Specified Works the access to any of the NZT Specified Works is materially obstructed, the undertaker must provide such alternative means of access to the NZT Specified Works as will enable the NZT Undertaker to construct, maintain or operate the NZT Project no less effectively than was possible before the obstruction. (12) To ensure its compliance with this paragraph 5, the undertaker must before carrying out any of the Specified Works request up-to-date written confirmation from the NZT Undertaker of the location of any part of its then existing or proposed NZT Specified Works. (6) (1) The undertaker must not exercise the powers granted under the Order so as to hinder or prevent the construction, operation or maintenance of the NZT Specified Works without the prior written consent of the NZT Undertaker. (2) The undertaker must not exercise the powers under any of the articles of the Order specified in sub-paragraph (3) below, over or in respect of the Shared Area otherwise than with the prior written consent of the NZT Undertaker. (3) The articles referred to in sub-paragraph (2) above are— (a) article 10 (street works); (b) article 11 (temporary stopping up of streets); (c) article 12 (access to works); (d) article 14 (discharge of water); (e) article 15 (protective works to buildings); (f) article 16 (authority to survey and investigate land); (g) article 24 (compulsory and other acquisition of rights); (h) article 25 (power to override easements and other rights); and (i) article 30 (temporary use of land). (4) In the event that the NZT Undertaker withholds its consent pursuant to sub-paragraph (2) it must notify the undertaker in writing of the reasons for withholding such consent and (if applicable) the time period during which such consent will be withheld. (5) Regardless of any provision in the Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker must not appropriate or acquire or take permanent or temporary possession of any land interest held by the NZT Undertaker in any plots shown on the land plans, or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right in such land. (7) (1) The undertaker must (unless otherwise agreed, in an emergency relating to potential death or serious injury, or where it would render the Anglo American Apparatus, the Specified Works, the NZT Specified Works or NZT Apparatus unsafe, or put the undertaker in breach of its statutory duties or in breach of an obligation or requirement of the Order)— (a) carry out the Specified Works in such a way that will not prevent or interfere with the continued construction of the NZT Specified Works, or the maintenance or operation of the NZT Apparatus unless the action leading to such prevention or interference has the prior written consent of the NZT Undertaker; (b) ensure that works carried out to, or placing of Anglo American Apparatus beneath, roads along which construction or maintenance access is required by the Net Zero Undertaker in respect of any NZT Apparatus will be of adequate specification to bear the loads; (c) prior to the carrying out of any of the Specified Works in any part of any Shared Area— (i) submit a construction programme and a construction traffic and access management plan in respect of that area to the NZT Undertaker for approval (noting that a single construction traffic and access management plan may be completed for one or more parts of each Shared Area or more than one Shared Area and may be subject to review if agreed between the Parties); and (ii) where applicable, confirm to the NZT Undertaker in writing the identity of the client for the purposes of the relevant Construction Design and Management Regulations applicable from time to time; (d) at all times construct the Specified Works in compliance with the relevant approved construction traffic and access management plan; (e) update the monthly construction programme approved under sub-paragraph (c)(i) monthly and supply a copy of the updated programme to the NZT Undertaker every month; (f) notify the NZT Undertaker of any incidences which occur as a result of, or in connection with, the Specified Works which are required to be reported under the relevant Reporting of Injuries Diseases and Dangerous Occurrences Regulations applicable from time to time within 24 hours of the duty to report arising; (g) provide comprehensive, as built, drawings of the Specified Works (including, for the avoidance of doubt, buried pipelines) within three months of the completion of each of the Specified Works; (h) other than in respect of land in which the undertaker has a freehold interest, following the completion of each of the Specified Works, unless otherwise agreed in writing by the NZT Undertaker, fully reinstate the affected area (with the exception only of the retention of permanent aspects of the Specified Works) and remove all waste/surplus materials; (i) in respect of land in which Anglo American has a freehold interest, following the completion of each of the Specified Works, the area affected must not be left in such a state as to adversely affect the construction, maintenance and operation of the NZT Specified Works; and (j) obtain the prior written consent of the NZT Undertaker for the use of any re-cycled aggregate material within the Shared Area. (2) Any spoil from the NZT Specified Works or the Specified Works (including contaminated material) must be dealt with in accordance with a spoil management plan to be agreed between the Parties in advance of the work by either Party generating such spoil beginning. (3) In considering a request for any consent under the provisions of this Part of this Schedule, the NZT Undertaker must not— (a) request an additional construction traffic and access management plan or a spoil management plan if such a plan has already been approved pursuant to sub-paragraph (1)(c) (as relevant in respect of a traffic and access management plan) or agreed pursuant to sub-paragraph (2) (in respect of a spoil management plan); and (b) refuse consent for reasons which conflict with the contents of documents approved by the NZT Undertaker pursuant to the provisions of this paragraph and paragraph 8. (8) (1) Prior to the seeking of any consent under this Schedule, the undertaker must, unless the NZT Undertaker has brought forward works in that part of the Shared Area before the undertaker, participate in a design and constructability review for that part of the Shared Area which shall, at a minimum (unless otherwise agreed), include the following matters— (a) a Front End Engineering Design (FEED) level indicative construction work-pack; (b) a hazard and operability study; and (c) a construction hazard study. (2) Unless otherwise agreed, the undertaker must submit the outcome of the design and constructability review referred to in sub-paragraph (1) to the NZT Undertaker for approval prior to the seeking of any consent under this Schedule. (3) The undertaker must at all times design and construct the Specified Works in compliance with the relevant approved design and constructability review pursuant to sub-paragraph (2). (4) The undertaker may undertake a single design and constructability review process for one or more parts of the Shared Area and any approved design and constructability review may be amended if agreed by the NZT Undertaker. (5) In considering any request for consent or approval under this Schedule, the NZT Undertaker must not refuse consent for details that are consistent with those approved under sub-paragraph (2) unless the NZT Undertaker reasonably believes that the relevant agreed design and constructability review is materially out of date or is inapplicable due to a change in either the NZT Project or the Woodsmith Project. (9) (1) The NZT Undertaker and the undertaker must each act in good faith and use reasonable endeavours to co-operate with, and provide assistance to, each other as may be required to give effect to the provisions of this Schedule. (2) The undertaker must pay to the NZT Undertaker the reasonable expenses incurred by the NZT Undertaker in connection with the consenting processes under this Schedule, including the approval of plans, inspection of any Specified Works or the alteration or protection of the NZT Specified Works. (10) (1) Subject to sub-paragraphs (2) and (3), if by reason, or in consequence, of the construction, maintenance or operation of any Specified Works, or failure thereof, any damage is caused to any NZT Apparatus used in connection with the NZT Specified Works or damage is caused to any part of the NZT Specified Works or there is any interruption in any service provided, or the operations of the NZT Undertaker, or in the supply of any goods, by the NZT Undertaker, or the NZT Undertaker becomes liable to pay any amount to any third party as a consequence of the Specified Works, the undertaker must— (a) bear and pay the costs reasonably incurred by Anglo American in making good such damage or restoring the service, operations or supply; and (b) compensate the NZT Undertaker for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from the NZT Undertaker, by reason or in consequence of any such damage or interruption or the NZT Undertaker becoming liable to any third party as aforesaid. (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to— (a) any damage or interruption to the extent that it is attributable to the act, neglect or default of the NZT Undertaker, its officers, employees, servants, contractors or agents; or (b) any indirect or consequential loss or loss of profits by the NZT Undertaker. (3) The NZT Undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made, unless payment is required in connection with a statutory compensation scheme, without first consulting the undertaker and considering its representations. (4) The NZT Undertaker must use its reasonable endeavours to mitigate any claim or losses in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies. If requested to do so by the undertaker, the NZT Undertaker must provide an explanation of how the claim has been minimised or details to substantiate any cost or compensation claimed pursuant to sub-paragraph (1). (5) The undertaker shall not be liable under this paragraph in respect of any claim capable of being mitigated or minimised to the extent that the NZT Undertaker has not used its reasonable endeavours to mitigate and/or minimise that claim accordance with sub-paragraph (4). (6) The fact that any work or thing has been executed or done with the consent of the NZT Undertaker and in accordance with any conditions or restrictions prescribed by the NZT Undertaker or in accordance with any plans approved by the NZT Undertaker or to its satisfaction or in accordance with any directions or award of any expert appointed pursuant to paragraph 11 does not relieve the undertaker from any liability under this paragraph. (7) The total liability of Anglo American whether for breach of, or under any indemnity contained in, this Deed and whether under contract, tort, equity or otherwise shall be limited to the sum of ten million pounds (£10m). (11) (1) Article 40 of this Order does not apply to provisions of this Schedule. (2) Any difference in relation to the provisions in this Part of this Schedule must be referred to— (a) a meeting of the Managing Director of Net Zero Teesside Power Limited and/or the Managing Director of Net Zero North Sea Storage Limited, whichever is the relevant party and the Chief Executive Officer of Anglo American Crop Nutrients Limited to seek agreement on the matter in dispute within 21 days from the date of a dispute first being notified in writing by one Party to the other; and (b) in the absence of the difference being settled within that period, to be settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the NZT Undertaker and the undertaker or, in the absence of agreement identified by the President of the Institute of Civil Engineers, who must be sought to be appointed within 28 days of the notification of the dispute. (3) The fees of the expert are payable by the Parties in such proportions as the expert may determine or, in the absence of such determination, equally as between the Parties. (4) The expert must— (a) invite the Parties to make submissions to the expert in writing and copied to the other party to be received by the expert within 21 days of the expert’s appointment; (b) allow each Party an opportunity to comment on the submissions made by the other provided they are received within 21 days of the receipt of the submissions referred to in sub-paragraph (a) above; (c) issue a decision within 42 days of receipt of the submissions submitted pursuant to sub-paragraph (a) above; and (d) give reasons for the decision. (5) The expert must consider where relevant— (a) the development outcomes sought by the NZT Undertaker and the undertaker; (b) the ability of the NZT Undertaker and the undertaker to achieve the outcomes referred to in sub-paragraph (a) above in a timely and cost-effective manner; (c) any increased costs on any Party as a result of the matter in dispute; (d) whether under the NZT Order or the Order, the NZT Undertaker’s or the undertaker’s outcomes could be achieved in any alternative manner without the NZT Specified Works being materially compromised in terms of increased cost or increased length of programme; and (e) any other important and relevant considerations. (6) Any determination by the expert is final and binding which the Parties must comply with and is enforceable by the Parties by injunction except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by a single arbitrator to be agreed between the parties or, failing 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.

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Street subject to street works	(3) Description of the street works
In the District of Stockton-on-Tees	A1185	Works for the improvement of the access at the point marked P on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	A178	Works for the improvement of the access at the point marked R on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178	Works for the improvement of the access at the point marked S on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178	Works for the improvement of the access at the point marked U on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178	Works for the improvement of the access at the point marked V on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	Seal Sands Road	Works for the improvement of the access at the point marked Y on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road	Works for the improvement of the access at the point marked L on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road	Works for the improvement of the access at the point marked M on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road	Works for the improvement of the access at the point marked N on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue	Works for the improvement of the access at the point marked H on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue	Works for the improvement of the access at the point marked I on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	B1275	Works for the improvement of the access at the point marked E on sheet 7 of the access and rights of way plans

SCHEDULE 5 — ACCESS

PART 1 — THOSE PARTS OF THE ACCESSES TO BE MAINTAINED BY THE HIGHWAY AUTHORITY

(1) Area	(2) Street	(3) Description of relevant part of access
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access cross-hatched in blue at the point marked R on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access cross-hatched in blue at the point marked U on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access cross-hatched in blue at the point marked V on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access cross-hatched in blue at the point marked S on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	Seal Sands Road / unnamed private track	That part of the access in the area cross hatched in blue at the point marked Y on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road / unnamed private track	That part of the access cross-hatched in blue at the point marked L on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road / unnamed private track	That part of the access cross-hatched in blue at the point marked M on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road / unnamed private track	That part of the access cross-hatched in blue at the point marked N on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue / unnamed private track	That part of the access in the area cross hatched in blue at the point marked H on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue / unnamed private track	That part of the access in the area cross hatched in blue at the point marked I on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	B1275 / unnamed private track	That part of the access cross-hatched in blue at the point marked E on sheet 7 of the access and rights of way plans

PART 2 — THOSE PARTS OF THE ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY

(1) Area	(2) Street	(3) Description of relevant part of access
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access in the area cross hatched in red at the point marked R on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access in the area cross hatched in red at the point marked U on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access in the area cross hatched in red at the point marked V on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A178 / unnamed private track	That part of the access in the area cross hatched in red at the point marked S on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	A1185 / unnamed private track	That part of the access in the area cross hatched in red at the point marked P on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Seal Sands Road / unnamed private track	That part of the access in the area cross hatched in red at the point marked Y on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road / unnamed private track	That part of the access in the area cross hatched in red at the point marked L on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road / unnamed private track	That part of the access in the area cross hatched in red at the point marked M on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road / unnamed private track	That part of the access in the area cross hatched in red at the point marked N on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue / unnamed private track	That part of the access in the area cross hatched in red at the point marked H on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue / unnamed private track	That part of the access in the area cross hatched in red at the point marked I on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	B1275 / unnamed private track	That part of the access in the area cross hatched in red at the point marked E on sheet 7 of the access and rights of way plans

SCHEDULE 6 — TEMPORARY STOPPING UP OF STREETS, PUBLIC RIGHTS OF WAY AND ACCESS LAND

PART 1 — THOSE PARTS OF THE STREET TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Streets subject to temporary stopping up of use	(3) Extent of temporary stopping up of use of street
In the District of Stockton-on-Tees	A178	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert of the part of the street between the points marked Q and T on sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	Cowpen Bewley Road	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert of the part of the street between the points marked K and O on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	B1275	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert of the part of the street between the points marked D and F on sheet 7 of the access and rights of way plans
In the District of Stockton-on-Tees	Nelson Avenue	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert of the part of the street between the points marked J and G on sheet 7 of the access and rights of way plans

PART 2 — THOSE PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Public right of way subject to temporary prohibition or restriction of use	(3) Extent of temporary prohibition or restriction of use of public right of way
In the District of Redcar and Cleveland	Public footpath - Teesdale Way LDR	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert the footpath between the points marked DH and CZ on Sheet 3 of the access and rights of way plans
In the District of Redcar and Cleveland	Public footpath - England Coast Path / Teesdale Way LDR	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert the footpath between the points marked BH and BG on Sheet 4 of the access and rights of way plans
In the District of Redcar and Cleveland	Public footpath - England Coast Path / Teesdale Way LDR	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert the footpath between the points marked CK and CM on Sheet 3 of the access and rights of way plans
In the District of Redcar and Cleveland	Public bridleway - England Coast Path / Teesdale Way LDR	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert the bridleway between the points marked BX and BY on Sheet 4 of the access and rights of way plans
In the District of Stockton-on-Tees	Public footpath - England Coast Path	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert the footpath between the points marked V and W1 on Sheet 6 of the access and rights of way plans
In the District of Stockton-on-Tees	Public footpath - England Coast Path	Temporarily stop up, prohibit the use of, restrict the use of, alter or divert the footpath between the points marked W and X on sheet 6 of the access and rights of way plans

PART 3 — THOSE PARTS OF THE ACCESS LAND WHERE PUBLIC ACCESS MAY BE TEMPORARILY SUSPENDED

(1) Area	(2) Access land subject to temporary prohibition or restriction of use	(3) Extent of temporary prohibition or restriction of use of access land
In the District of Redcar and Cleveland	Access land at South Gare Road and Coatham beach and sand dunes	Temporarily suspend access to the area shaded beige on sheets 1, 2 and 3 of the access and rights of way plans

SCHEDULE 7 — LAND IN WHICH NEW RIGHTS ETC. MAY BE ACQUIRED

Interpretation

1

In this Schedule—

• “Work No. 2A infrastructure” means any works or development comprised within Work No.2A, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 2A on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 2B infrastructure” means any works or development comprised within Work No.2B, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 2B on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 3 infrastructure” means any works or development comprised within Work No. 3A or Work No. 3B, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 3A or Work No. 3B on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 4A infrastructure” means any works or development comprised within Work No. 4A, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 4A on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 5B infrastructure” means any works or development comprised within Work No. 5B, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 5B on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 5C infrastructure” means any works or development comprised within Work No. 5C, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 5C on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 6 infrastructure” means any works or development comprised within Work No. 6, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 6 on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus;

• “Work No. 8 infrastructure” means any works or development comprised within Work No. 8, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No. 8 on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus; and

• “Work No. 10 access and highway improvements” means any works or development comprised within Work No. 10 including any other necessary works or development permitted within the area delineated as Work No. 10 on the works plans including the alteration, diversion or construction of statutory undertakers’ apparatus. Table 7 (1) Plot numbers shown on Land Plans (2) Purposes for which rights over land may be acquired or restrictive covenants may be imposed The following plots shown coloured blue on the land plans— 105, 110, 113, 114, 316, 319, 320, 324, 332, 343, 344, 345, 347, 349, 350, 351, 352, 354, 355, 356, 357, 358, 359, 360, 365, 366, 382, 384, 395, 397, 401, 408, 409, 409a, 409b, 425, 425a, 462, 464For and in connection with the Work No. 2A infrastructure, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 2A infrastructure and Work No. 2B infrastructure, together with the right to install, retain, use and maintain the Work No. 2A infrastructure, and a right of support for it, along with the right to prevent any works on or uses of the land which may interfere with or damage the Work No. 2A infrastructure, or interfere with or obstruct access from and to the Work No. 2A infrastructure, including the right to prevent or remove the whole of any building, or fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land.The following plots shown coloured pink on the land plans— 112, 325, 328, 329, 330, 333, 450, 455, 456, 457The following plots shown coloured pink on the land plans— 112, 325, 328, 329, 330, 333For and in connection with the Work No. 2B infrastructure, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 2B infrastructure, together with the right to install, retain, use and maintain the Work No. 2B infrastructure, and a right of support for it, along with the right to prevent any works on or uses of the land which may interfere with or damage the Work No. 2B infrastructure, or interfere with or obstruct access from and to the Work No. 2B infrastructure, including the right to prevent or remove the whole of any building, or fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land.The following plots shown coloured blue on the land plans— 386, 387, 388, 393, 393c, 393f, 395, 401, 405, 408, 409, 409a, 409b, 412, 413, 416, 417, 418, 419, 420, 421, 423, 425, 425a, 427, 431, 432, 436, 439, 462, 464, 540a, 540dFor and in connection with the Work No. 3 infrastructure, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 3 infrastructure, together with the right to install, retain, use and maintain the Work No. 3 infrastructure, and a right of support for it, along with the right to prevent any works on or uses of the land which may interfere with or damage the Work No. 3 infrastructure, or interfere with or obstruct access from and to the Work No. 3 infrastructure, including the right to prevent or remove the whole of any building, or fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land.The following plots shown coloured pink on the land plans— 391, 393b, 396, 398, 399, 400, 403, 404, 406, 411, 414, 422, 424, 429, 449, 450, 451, 452, 454, 455, 456, 457, 540b, 540cThe following plots shown coloured blue on the land plans— 409a, 425a, 458, 461, 463, 467, 470, 472, 473, 498, 509, 512, 515, 516, 518, 519, 521, 522, 524, 525, 531, 535, 536, 537, 538For and in connection with the Work No. 4 infrastructure, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 4 infrastructure, together with the right to install, retain, use and maintain the Work No. 4 infrastructure, and a right of support for it, along with the right to prevent any works on or uses of the land which may interfere with or damage the Work No. 4 infrastructure, or interfere with or obstruct access from and to the Work No. 4 infrastructure, including the right to prevent or remove the whole of any building, or fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land.The following plots shown coloured blue on the land plans— 320, 332, 343, 345, 347, 366, 382, 384, 395, 397, 401, 408, 409, 409a, 409b, 425, 425a, 462, 464For and in connection with the Work No. 5C infrastructure, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 5C infrastructure, together with the right to install, retain, use and maintain the Work No. 5C infrastructure, and a right of support for it, along with the right to prevent any works on or uses of the land which may interfere with or damage the Work No. 5C infrastructure, or interfere with or obstruct access from and to the Work No. 5C infrastructure, including the right to prevent or remove the whole of any building, or fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land.The following plots shown coloured pink on the land plans— 450, 455, 456, 457The following plots shown coloured blue on the land plans— 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 20a, 21, 22, 23, 24, 25, 26, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 56, 57, 58, 59, 60, 61, 62, 63, 65, 66, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 93, 94, 95, 96, 99, 100, 101, 102, 115, 119, 120, 121, 124, 124d, 128, 138, 139, 141, 142, 142b, 156, 157, 157b, 158, 165, 165a, 166, 166b, 169, 171, 171b, 172, 174, 174d, 174e, 176, 176b, 181, 183, 184, 191d, 194, 196, 278, 280, 281, 284, 285, 286, 294, 301, 302, 303, 314, 315, 316, 317, 318, 319, 320, 321, 322, 324, 331, 332, 343, 344, 345, 347, 349, 350, 351, 352, 354, 355, 356, 357, 358, 359, 360, 365, 366, 382, 384, 395, 397, 401, 405, 408, 409, 409a, 409b, 421, 423, 425, 425a, 462, 464For and in connection with the Work No. 6 infrastructure, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 6 infrastructure, together with the right to install, retain, use and maintain the Work No. 6 infrastructure, and a right of support for it, along with the right to prevent any works on or uses of the land which may interfere with or damage the Work No. 6 infrastructure, or interfere with or obstruct access from and to the Work No. 6 infrastructure, including the right to prevent or remove the whole of any building, or fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land.The following plots shown coloured pink on the land plans— 325, 328, 329, 330, 333, 385, 394, 400, 404, 411 422, 424, 429, 450, 455, 456, 457The following plots shown coloured pink on the land plans— 392, 415, 429, 447For and in connection with the Work No. 8 infrastructure, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 8 infrastructure, together with the right to install, retain, use and maintain the Work No. 8 infrastructure, and a right of support for it, along with the right to prevent any works on or uses of the land which may interfere with or damage the Work No. 8 infrastructure, or interfere with or obstruct access from and to the Work No. 8 infrastructure, including the right to prevent or remove the whole of any building, or fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land.The following plots shown coloured blue on the land plans— 89, 91, 92, 98, 103, 106, 108, 110 111, 126, 136, 137, 143, 144, 145, 146, 147, 148, 150, 151, 152, 153, 157b, 165a, 167, 168, 170, 174e, 181, 186, 187, 316, 319, 320, 324, 332, 343, 344, 345, 347, 349, 350, 351, 352, 354, 355, 356, 357, 358, 359, 360, 365, 366, 377, 378, 382, 384, 386, 387, 388, 393, 393c, 393f, 395, 397, 401, 405, 408, 409, 409a, 409b, 412, 413, 416, 417, 418, 419, 420, 421, 423, 425, 425a, 426, 427, 431, 432, 434, 435, 436, 438, 439, 445, 458, 458a, 459, 461, 462, 463, 464, 467, 470, 472, 473, 474, 475, 477, 478, 483, 485, 486, 487, 488, 489, 493, 495, 496, 498, 500, 502, 504, 505, 508, 509, 510, 511, 512, 514, 515, 516, 517, 518, 519, 521, 522, 523, 524, 532, 533, 534, 540dFor and in connection with the Work No. 10 access and highway improvements, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the authorised development, along with the right to prevent any works on or uses of the land which may interfere with or obstruct access from and to the authorised development, including the right to prevent or remove the whole of any building, or fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land.The following plots shown coloured pink on the land plans— 325, 327, 328, 329, 330, 333, 339, 391, 393b, 403, 450, 455, 456, 457, 479, 482, 540b, 540cThe following plots shown coloured blue on the land plans— 377, 378, 379, 448, 494, 499, 501, 526, 527, 528, 529, 530, 539For and in connection with the Work No. 5B infrastructure (except where the right to install, retain, use and maintain the Work No. 5B infrastructure is within the subsoil only), the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 5B infrastructure, together with the right, including within the subsoil, for the undertaker and all persons authorised on its behalf to install, retain, use and maintain the Work No. 5B infrastructure, and a right of support for it, and the right to the free flow of water (as relevant), along with the right to prevent any works on or uses of the land or, in the case of a right within the subsoil any works or uses above, under and adjoining such subsoil, which may interfere with or damage the Work No. 5B infrastructure, including the right to prevent or remove the whole of any fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land or subsoil (as relevant).The following plot shown coloured pink on the land plans— 402The following plots shown coloured blue on the land plans— 185, 190, 190b, 191, 191a, 191b, 202c, 218, 232a, 252, 252a, 253, 253a, 255, 263For and in connection with the Work No. 6 infrastructure (except where the right to install, retain, use and maintain the Work No. 6 infrastructure is within the subsoil only), the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 6 infrastructure, together with the right, including within the subsoil, for the undertaker and all persons authorised on its behalf to install, retain, use and maintain the Work No. 6 infrastructure, and a right of support for it, and the right to the free flow of water (as relevant), along with the right to prevent any works on or uses of the land or, in the case of a right within the subsoil any works or uses above, under and adjoining such subsoil, which may interfere with or damage the Work No. 6 infrastructure, including the right to prevent or remove the whole of any fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land or subsoil (as relevant).The following plots shown coloured blue on the land plans— 377, 378, 379, 448, 494, 499, 501, 526, 527, 528, 529, 539For and in connection with the Work No. 8 infrastructure (except where the right to install, retain, use and maintain the Work No. 8 infrastructure is within the subsoil only), the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 8 infrastructure, together with the right, including within the subsoil, for the undertaker and all persons authorised on its behalf to install, retain, use and maintain the Work No. 8 infrastructure, and a right of support for it, and the right to the free flow of water (as relevant), along with the right to prevent any works on or uses of the land or, in the case of a right within the subsoil any works or uses above, under and adjoining such subsoil, which may interfere with or damage the Work No. 8 infrastructure, including the right to prevent or remove the whole of any fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land or subsoil (as relevant).The following plot shown coloured pink on the land plans— 402

SCHEDULE 8 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation to the scope of paragraph 1, the Land Compensation Act 1973[^f00050] has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

• (a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

• (b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

3

• (1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

• (2) In section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 8 to the Net Zero Teesside Order 2024); and (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 8 to the Net Zero Teesside Order 2024) to acquire an interest in the land, and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 29 (modification of Part 1 of the Compulsory Purchase Act 1965)) to the acquisition of land under article 22 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 25 (compulsory acquisition of rights etc.)—

• (a) with the modification specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows.

• (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.

• (3) For section 7 of the 1965 Act there is substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (persons without powers to sell their interests);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

• (5) Section 11 (powers of entry) of the 1965 Act is modified so that, where the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 22 (compulsory acquisition of land)), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A (powers of entry: further notices of entry)[^f00051], 11B (counter-notice requiring possession to be taken on a specified date)[^f00052], 12 (unauthorised entry)[^f00053] and 13 (refusal to give possession to an acquiring authority)[^f00054] of the 1965 Act are modified correspondingly.

• (6) Section 20 (tenants at will etc.)[^f00055] of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 29(3) (modification of Part 1 of the Compulsory Purchase Act 1965) is also modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A to the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act (execution of declaration) as applied by article 27 (application of the Compulsory Purchase (Vesting Declarations) Act 1981) of the Net Zero Teesside Order 2024 in respect of the land to which the notice to treat relates. (2) But see article 28(3) (acquisition of subsoil or airspace only) of the Net Zero Teesside Order 2024 which excludes the acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of three months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority does not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of six weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 9 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Plot numbers shown on Land Plans	(2) Purpose for which temporary possession may be taken
289, 292, 293, 298, 300, 336, 337, 338, 342	Temporary use as laydown, construction compound, construction use and accesses (Work No. 9A) required to facilitate construction of the authorised development
67, 67a, 68, 122, 125	Temporary use as laydown, construction compound, construction use and accesses (Work Nos. 9C and 9D) required to facilitate construction of Work No. 2A
If WN9C— 122, 125 If WN9D— 67, 67a, 68	Temporary use as laydown, construction compound, construction use and accesses (Work Nos. 9C and 9D) required to facilitate construction of Work No. 2B
19, 48, 49, 50, 51, 52, 53, 54, 55, 64, 67, 67a, 68, 122, 125, 174c, 179, 179a, 193, 195, 197, 199, 202a	Temporary use as laydown, construction compound, construction use and accesses (Work Nos. 9B, 9C, 9D, 9E and 9F) required to facilitate construction of Work No. 6
222, 223, 282, 283, 287, 290, 291, 296, 299, 348, 362, 363, 367, 370, 373, 374, 376, 381, 393a, 393d, 393e	Temporary use to facilitate access to and highway improvements (Work No. 10) in relation to the authorised development
48, 49, 50, 51, 52, 53, 54, 55, 64, 123, 188, 189	Temporary use to facilitate access to and highway improvements (Work No. 10) in relation to Work Nos. 2A, 2B and 6
393a, 393d, 393e	Temporary use to facilitate carrying out of Work No. 3A
1a, 2a, 3a, 4a, 6a, 7a, 7b, 8a, 8b, 9a, 10a, 12a, 13a, 15a, 17, 20, 22a, 23a, 28a, 34a 39a, 39b, 43a, 47a, 63a, 66a, 70a, 70b, 90a, 94a, 94b, 100a, 100b, 124a, 124b, 128a, 135, 138a, 141a, 142a, 156a, 157a, 158a, 166a, 169a, 171a, 172a, 174a, 174b, 176a, 183a, 184a, 185a, 185b, 190a, 191c, 192	Temporary use to facilitate carrying out of Work No. 6

SCHEDULE 10 — DEEMED MARINE LICENCE UNDER THE 2009 ACT: PROJECT A

PART 1 — LICENSED ACTIVITIES

1

• (1) In this licence—

• “the 2004 Act” means the Energy Act 2004;

• “the 2008 Act” means the Planning Act 2008;

• “the 2009 Act” means the Marine and Coastal Access Act 2009;

• “authorised development” means the development and associated development described in Schedule 1 of the Order;

• “CEMP” means a construction environmental management plan for the licensed activities or any part of those works;

• “commence” means the first carrying out of any licensed activities authorised by this marine licence and “commenced” and “commencement” shall be construed accordingly;

• “condition” means a condition under Part 2 of this licence;

• “disposal” means the deposit of dredge arisings at a disposal site carrying reference TY160 – “Tees Bay A” or TY150 – “Tees Bay C”;

• “dredge arisings” means inert material of natural origin, produced during dredging;

• “enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 of Part 4 (marine licensing) of the 2009 Act;

• “environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order;

• “framework construction environmental management plan” means the document certified as the framework construction environmental management plan by the Secretary of State for the purposes of this Order;

• “licensed activities” means the activities specified in Part 1 of this licence;

• “maintain” includes inspect, upkeep, repair, adjust, alter, improve, preserve and further includes remove, reconstruct and replace provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement and “maintenance” must be construed accordingly;

• “MCMS” means the MMO’s online system for submission of marine licence applications and management of consented marine licences, including the submission of condition returns;

• “Kingfisher Fortnightly Bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO;

• “Marine Management Organisation” means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence or any successor of that function and “MMO” shall be construed accordingly;

• “MCA” means the Maritime and Coastguard Agency;

• “mean high water springs” or “MHWS” means the highest level which spring tides reach on average over a period of time;

• “office hours” means the period from 09:00 until 17:00 on any working day;

• “Order” means the Net Zero Teesside Order 2024;

• “Order limits” has the same meaning as in article 2(1) (interpretation) of the Order;

• “relevant undertaker” means Net Zero Teesside Power Limited (company number 12473751) or the person who has the benefit of this deemed marine licence by virtue of article 7 (benefit of this Order) and article 8 (consent to transfer benefit of this Order) and any agent, contractor or sub-contractor acting on its behalf;

• “sediment sampling plan” means a plan that provides an adequate characterisation of material proposed for dredging as part of the licenced activities;

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

• “UXO” means unexploded ordnance;

• “vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft and any other craft capable of travelling on, in or under water, whether or not self-propelled;

• “working day” means a day other than a Saturday or a Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971; and

• “Work No. 5B” means Work No. 5B as described in Schedule 1 to the Order.

• (2) A reference to any statute, order, regulation or similar instrument is to be construed as reference to a statute, order, regulation or similar instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

• (3) Unless otherwise indicated—

• (a) all times are taken to be Greenwich Mean Time (GMT); and

• (b) all co-ordinates are taken to be latitude and longitude degrees minutes and seconds to three decimal places.

• (4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below and the address for returns and correspondence are—

• (a) Centre for Environment, Fisheries and Aquaculture Science, Pakefield Road, Lowestoft, Suffolk, NR33 0HT; Tel. 01502 562 244.

• (b) Historic England, Cannon Bridge House, 25 Dowgate Hill, London, EC4R 2YA; Tel.020 7973 370.

• (c) Kingfisher Information Service of Seafish, Email – kingfisher@seafish.co.uk.

• (d) Marine Management Organisation, Local Enforcement Office, Neville House Bell Street, North Shields, NE30 1LJ; Tel. 0191 257 4520, Email – northshields@marinemanagement.org.uk.

• (e) Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle Business Park, Newcastle Upon Tyne, NE4 7YH; Tel. 0300 123 1032, Email – marine.consents@marinemanagement.org.uk.

• (f) Maritime and Coastguard Agency, Navigation Safety Branch, Bay 2/20, Spring Place, 105 Commercial Road, Southampton, SO15 1EG; Tel. 020 3817 2433.

• (g) Natural England, Foss House, Kings Pool, 1-2 Peasholme Green, York, YO1 7PX; Tel. 0300 060 3900.

• (h) The United Kingdom Hydrographic Office, Admiralty Way, Taunton, Somerset, TA1 2DN; Tel.01823 337 900.

• (i) Trinity House, Tower Hill, London, EC3N 4DH; Tel. 020 7481 6900.

• (5) Unless otherwise advised in writing by the MMO, MCMS must be used for all licence returns or applications to vary this licence.

Details of licensed activities

2

• (1) Subject to the licence conditions in Part 2, this licence authorises the relevant undertaker to carry out any licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act which—

• (a) form part of, or are related to, the authorised development; and

• (b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 of the 2009 Act.

• (2) The licensed activities are authorised in relation to the construction, maintenance and operation of—

• (a) Work No. 5B—

• (i) construction of a micro-bored tunnel;

• (ii) dredging campaign(s) facilitating the removal of material from the seabed required for the construction of works and backfill / side cast as required;

• (iii) the combined total disposal of up to 500m3 of dredge arisings across each of the disposal sites carrying reference TY160 – “Tees Bay A” and TY150 – “Tees Bay C”;

• (iv) the installation of a pipeline;

• (v) the establishment of a connection point for a discharge head including but not limited to the creation of a punchhole;

• (vi) the emplacement of a discharge head;

• (vii) the deposit of rock armour protection;

• (viii) construction works; and

• (ix) UXO inspection, removal and detonation.

in connection with Work No. 5B and to the extent that they do not otherwise form part of any such work, further associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement and the provisions of this licence.

3

The relevant undertaker may engage in the licensed activities related to Work No. 5B in the area bounded by the coordinates set out in Table 9 in this paragraph.

Work No.	Description	Longitude	Latitude
Work No. 5B	Replacement discharge pipeline to the Tees Bay	-1.089946-1.082979-1.08312-1.083903-1.099769-1.099968-1.103141-1.103864-1.104309-1.105244-1.107138-1.107962-1.108859-1.108101-1.107614-1.106721-1.10572-1.105639-1.090325-1.090027	54.6332754.63038154.63034354.63013154.62584354.62578954.62493154.62473654.62486254.62516954.62573654.62599754.62630554.62658554.62676454.62709354.62746254.62749254.63313154.633241

4

The coordinates for the disposal sites notified to the MMO for use in this licence are specified in Table 10 in this paragraph.

Disposal Site Ref	Description	Easting	Northing
TY150	Tees Bay A disposal site	-0.956699-0.9783-0.998299-0.9767-0.956699	54.69830154.69000154.70554.71000154.698301
TY160	Tees Bay B disposal site	-1.004999-1.025-1.0583-1.036699-1.004999	54.68330254.6754.68000254.69170254.683302

5

The coordinates in Table 9 and Table 10 are defined in accordance with reference system WGS84 - World Geodetic System 1984.

6

This licence remains in force until the authorised development has been decommissioned in accordance with a programme approved by the Secretary of State under section 106 (approval of decommissioning programmes) of the 2004 Act, including any modification to the programme under section 108 (reviews and revisions of decommissioning programmes) of the 2004 Act, and the completion of such programme has been confirmed by the Secretary of State in writing.

7

The provisions of section 72 (variation, suspension, revocation and transfer) of the 2009 Act apply to this licence except that the provisions of section 72(7) and (8) relating to the transfer of the licence only apply to a transfer not falling within article 8 (consent to transfer benefit of this Order).

8

With respect to any condition which requires the licensed activities be carried out in accordance with the plans, protocols or statements approved under this Schedule, the approved details, plan or scheme are taken to include any amendments that may subsequently be approved in writing by the MMO.

PART 2 — CONDITIONS

General

9

Any oil, fuel or chemical spill within the marine environment must be reported to the MMO Marine Pollution Response Team as soon as reasonably practicable, but in any event within 12 hours of such oil, fuel or chemical spill being identified in accordance with the following, unless otherwise advised in writing by the MMO—

• (a) within office hours Tel. 0300 200 2024;

• (b) outside office hours Tel. 07770 977 825; or

• (c) at all times if other numbers are unavailable, Tel. 0845 051 8486 or Email – dispersants@marinemanagement.org.uk.

Notifications and Inspections

10

• (1) The relevant undertaker must ensure that—

• (a) a copy of this licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to—

• (i) all agents and contractors notified to the MMO in accordance with condition 14(2)(a); and

• (ii) the vessel masters responsible for the vessels notified to the MMO in accordance with condition 14(2)(b); and

• (b) within 28 days of receipt of a copy of this licence those persons referred to in paragraph (a) above must confirm receipt of this licence in writing to the MMO.

• (2) Only those persons and vessels notified to the MMO in accordance with condition 14 are permitted to carry out the licensed activities.

• (3) Copies of this licence must also be available for inspection at the following locations—

• (a) the relevant undertaker’s registered address;

• (b) any site office located at or adjacent to the construction site and used by the relevant undertaker or its agents and contractors responsible for the loading, transportation or deposit of dredge arisings; and

• (c) on board each vessel or at the office of any person with responsibility for such vessel from which the removal or deposit of dredge arisings are to be made.

• (4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an authorised enforcement officer at the locations set out in sub-paragraph (3)(b) above.

• (5) The relevant undertaker must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during construction and operation of the authorised development.

• (6) The relevant undertaker must inform the MMO Local Enforcement Office in writing at least five days prior to the commencement of the licensed activities or any part of them, and within five days of completion of the licensed activities. A copy of the notification must be provided to the MMO Marine Licensing Team within 24 hours of issue.

• (7) The relevant undertaker must inform the Kingfisher Information Service of Seafish of details regarding the vessel routes, timings and locations relating to the construction of the authorised development or relevant part—

• (a) at least 14 days prior to the commencement of Work Number 5B seaward of mean high water springs, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and

• (b) as soon as reasonably practicable and no later than 24 hours after completion of construction of Work Number 5B seaward of mean high water springs,

and confirmation of notification to Kingfisher Information Service of Seafish must be provided to the MMO Licensing Team as soon as reasonably practicable and no later than 24 hours after the date of such notice.

• (8) A notice to mariners must be issued by the relevant undertaker at least 14 days prior to the commencement of the licensed activities or any part of them advising of—

• (a) the start date of the licenced activities relating to Work No. 5B; and

• (b) the expected vessel routes from the construction ports to the relevant location,

and copies of all notices must be provided to MMO Licensing Team, TH, MCA and the United Kingdom Hydrographic Office within five days as soon as reasonably practicable and no later than 24 hours after the issue of such notice.

• (9) The relevant undertaker must notify the United Kingdom Hydrographic Office of—

• (a) the commencement (within ten days of the date of commencement) of the licensed activities; and

• (b) progress and completion of construction (within ten days of the date of completion of construction) of the licensed activities,

in order that all necessary amendments to nautical charts are made. The relevant undertaker must send a copy of any notification issued to the MMO as soon as reasonably practicable and no later than 24 hours after the issue of such notice.

• (10) In case of material damage to, or destruction or decay of, the authorised development seaward of MHWS or any part thereof, the relevant undertaker must as soon as possible and no later than 24 hours following the relevant undertaker becoming aware of any such damage, destruction or decay, notify the MMO, MCA, Trinity House, Kingfisher Information Service of Seafish and the United Kingdom Hydrographic Office.

• (11) In case of exposure of pipelines on or above the seabed, the relevant undertaker must, within three working days following identification of a cable exposure, notify mariners by issuing a notice to mariners and by informing Kingfisher Information Service of Seafish of the location and extent of exposure, and no later than five days after the date of issue of such notice the relevant undertaker must send a copy of that notice to the MMO, MCA, Trinity House, and the United Kingdom Hydrographic Office.

Pre-construction

11

• (1) The relevant undertaker must submit a sediment sampling plan to the MMO for approval (following consultation with the Environment Agency) at least six months prior to the commencement of dredging activities.

• (2) The sediment sampling and analysis must be undertaken—

• (a) in accordance with the sediment sampling plan approved by the MMO pursuant to sub-paragraph (1); and

• (b) by a laboratory which has been validated by the MMO for sediment analysis to inform marine licence applications.

• (3) Details of the sediment sampling and analysis undertaken pursuant to sub-paragraph (2) must be submitted to the MMO at least 6 weeks prior to the commencement of dredging activities.

• (4) No dredging and disposal activities may be undertaken until the details of sediment sampling and analysis submitted pursuant to sub-paragraph (3) have been approved by the MMO in writing (following consultation with the Environment Agency).

12

• (1) The relevant undertaker must submit a CEMP covering the period of construction to include details of—

• (a) a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents of the authorised development in relation to all activities to be carried out;

• (b) a biosecurity plan detailing how risk of the introduction and spread of invasive non-native species will be minimised;

• (c) waste management and disposal arrangements; and

• (d) the appointment and responsibilities of a fisheries liaison officer.

• (2) The CEMP must be submitted to the MMO for approval in writing at least three months prior to the commencement of the licenced activities or part of the licensed activities.

• (3) The CEMP submitted pursuant to sub-paragraph (2) must be in accordance with the framework construction environmental management plan.

• (4) The licensed activities must be carried out in accordance with the CEMP approved pursuant to sub-paragraph (2) unless otherwise agreed in writing with the MMO.

13

• (1) A marine method statement must be submitted to the MMO at least three months prior to the proposed commencement of the licensed activities or part of the licenced activities.

• (2) A marine method statement submitted pursuant to sub-paragraph (1) for licensed activities must include details of—

• (a) methods of dredging to be employed and associated disposal arrangements;

• (b) the micro-bored tunnel installation and methodology;

• (c) the discharge head installation technique and methodology;

• (d) rock armour specification, provenance and installation technique; and

• (e) an indicative programme for the delivery of the licensed activities.

• (3) A marine method statement submitted pursuant to sub-paragraph (1) must—

• (a) only include details of the licensed activities in so far as they are required; and

• (b) be scaled to correspond to the final requirements of the authorised development.

• (4) No part of the licensed activities may commence until the marine method statement for that part has been approved in writing by the MMO.

• (5) A marine method statement approved pursuant to sub-paragraph (4) may be amended from time to time subject to approval in writing from the MMO.

• (6) The licensed activities must be carried out in accordance with the marine method statement approved pursuant to sub-paragraphs (5) and (6).

Reporting of engaged agents, contractors and vessels

14

• (1) The relevant undertaker must notify the MMO in writing of any agents, contractors or subcontractors (including their name, address and company number if applicable) that will carry on any licensed activity listed in this licence on behalf of the relevant undertaker.

• (2) A notification pursuant to sub-paragraph (1) must—

• (a) include the name, address and company number if applicable of any agent, contractor or sub-contractor; and

• (b) details of any vessel being used to carry on any licensed activity listed in this licence on behalf of the relevant undertaker including the master’s name, vessel type, vessel IMO number and vessel owner or operating company (including company number if applicable); and

• (c) must be provided no less than 24 hours before the commencement of the licensed activity.

• (3) Any changes to the name or function of the specified agent, contractor or sub-contractor, or details or functions of the specified vessel, as provided in accordance with sub-paragraph (1) must be notified to the MMO in writing no less than 24 hours before the agent, contract or sub-contractor carries out a licensed activity.

Written scheme of archaeological investigation

15

• (1) The licensed activities, or any part of the licensed activities, must not commence unless a written scheme of archaeological investigation has been submitted to and approved in writing by the MMO following consultation with Historic England.