Legalize / United Kingdom / Statutory-Instrument

The Net Zero Teesside Order 2024

Type Statutory-Instrument

Publication 2024-02-16

Last updated 2025-10-29

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles 1

Reform history JSON API

(2) A written scheme of archaeological investigation submitted pursuant to sub-paragraph (1) must include—

(a) details of responsibilities of the relevant undertaker, archaeological consultant and contractor where required and appropriate;

(b) archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the MMO;

(c) details of the measures to be taken to protect, record or preserve any significant archaeological features that may be found and must set out a process for how unexpected finds will be dealt with which must be in accordance with the measures in the framework construction environmental management plan;

(d) delivery of any mitigation including the use of archaeological construction exclusion zones in agreement with the MMO;

(e) a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised development; and

(f) a geoarchaeological assessment that determines the extent to which any deposits of paleoenvironmental features exist.

(3) Unless otherwise agreed in writing the written scheme of archaeological investigation should be implemented as approved.

Construction, Operation and Maintenance

16

The relevant undertaker must ensure that any coatings and treatments used are approved by the Health and Safety Executive as suitable for use in the marine environment and are used in accordance with the Pollution Prevention for Businesses guidelines.

17

The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment including bunding of 110% of the total volume of all reservoirs and containers.

18

The relevant undertaker must—

(a) not discharge waste concrete slurry or wash water from concrete or cement into the marine environment; and

(b) site concrete and cement mixing and washing areas at least 10 metres from the River Tees or surface water drain to minimise the risk of run off entering the marine environment.

19

During licensed activities all wastes must be stored in designated areas that are isolated from surface water drains, open water and bunded to contain any spillage.

20

(1) Vibratory or drilled “pin” piling must be used as standard, with percussive piling only used if required to drive a pile to its design depth and where the relevant undertaker has established, following the carrying out of a desk top study informed by appropriate survey information, that vibratory or drilled “pin” piling would be ineffective.

(2) Where percussive piling is established to be necessary in accordance with sub-paragraph (1)—

(a) soft-start procedures must be used to ensure incremental increase in pile power over a set time period until full operational power is achieved;

(b) the soft-start duration must be a period of not less than 20 minutes; and

21

(1) In the event that any rock material is misplaced or lost below MHWS, the relevant undertaker must report the loss to the MMO Local Enforcement Office and MMO Marine Licensing Team using the dropped object procedure and via return of a completed Marine Licence Dropped Incident Report (MLDIR1), as soon as possible, and in any event within 48 hours of becoming aware of an incident and if the MMO reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the relevant undertaker must use reasonable endeavours to locate the material and recover it.

(2) On receipt of the MLDIR1, the MMO may require, acting reasonably, the relevant undertaker to carry out relevant surveys. The relevant undertaker must carry out surveys in accordance with the MMO’s reasonable requirements and must report the results of such surveys to the MMO.

(3) On receipt of such survey results, the MMO may, acting reasonably, require the relevant undertaker to remove specific obstructions from the seabed. The relevant undertaker must carry out removals of specific obstructions from the seabed in accordance with the MMO’s reasonable requirements and at its own expense.

(4) Where the relevant undertaker has been unable to locate or recover material pursuant to discharging its duties under sub-paragraphs (1) to (3) it must demonstrate to the MMO that reasonable attempts have been made to locate, remove or move any such material.

UXO Clearance

22

(1) No removal or detonation of UXO can take place until a UXO clearance methodology and marine mammal mitigation protocol has been submitted to and approved in writing by the MMO (following consultation with the Environment Agency and Natural England).

(2) The UXO clearance methodology and marine mammal mitigation protocol must be submitted to the MMO no later than six months prior to the date on which it is intended for UXO clearance activities to begin (unless otherwise agreed in writing by the MMO).

(3) The UXO clearance methodology submitted pursuant to sub-paragraph (1) must be based on the nature, location and size of UXO or magnetic anomalies that have been identified and include—

(a) a methodology for the clearance of magnetic anomalies or otherwise which are deemed a UXO risk;

(b) information to demonstrate how the best available evidence and technology has been taken into account in formulating the methodology;

(d) a plan highlighting the area(s) within which clearance activities are proposed;

(e) details of engagement with other local legitimate users of the sea; and

(f) a programme of works.

(4) The marine mammal mitigation protocol submitted pursuant to sub-paragraph (1) must include details of the measures to prevent auditory or other injury to marine mammals following current best practice as advised by the relevant statutory nature conservation bodies.

(5) The removal or detonation of UXO must be undertaken in accordance with UXO clearance methodology and marine mammal mitigation protocol approved pursuant to sub-paragraph (1).

(6) Subject to sub-paragraph (7) a UXO clearance close out report must be submitted to the MMO in writing and the relevant statutory nature conservation body within three months following the end of the UXO clearance activity and must include the following for each detonation undertaken—

(a) co-ordinates, depth, current speed, charge utilised and the date and time of each detonation; and

(b) whether any mitigation was deployed, including feedback on practicalities of deployment of equipment and efficacy of the mitigation where reasonably practicable, or justification if this information is not available.

(7) Should there be more than one UXO clearance activity, the report required under sub-paragraph (6) will be provided at intervals agreed in writing with the MMO.

Post Construction

23

The relevant undertaker must ensure that any equipment, temporary structures, waste and debris associated with the licensed activities are removed within six weeks of completion of the licensed activity.

Disposal

24

(1) The relevant undertaker must inform the MMO of the location and quantities of material disposed of each month under this licence.

(2) The information submitted pursuant to sub-paragraph (1) must be submitted to the MMO by 15 February each year for the months August to January inclusive, and by 15 August each year for the months February to July inclusive.

25

The relevant undertaker must ensure dredge arisings are disposed of within the extent of the Order limits seaward of MHWS, within the disposal site TY150, TY160 (or any other disposal site approved in writing by the MMO), and that any other materials are screened out before disposal.

26

The material to be disposed of within the disposal site must be placed within the boundaries of the disposal site(s) specified within Table 10 in Part 1 of this licence.

27

The combined total volume of material for disposal at each of the disposal sites specified within Table 10 in Part 1 of this licence must not exceed 500m3.

Provision of Information

28

(1) Should the relevant undertaker become aware that any of the information on which the granting of this licence was based was materially false or misleading, the relevant undertaker must notify the MMO in writing as soon as is reasonably practicable.

(2) A notification submitted pursuant to sub-paragraph (1) must explain what information was materially false or misleading and include the correct information.

Amendments to plans etc.

29

With respect to any condition which requires the licensed activities to be carried out in accordance with the plans, protocols or statements approved under this licence, the plans, protocols or statements so approved are taken to include amendments that may be approved in writing by the MMO subsequent to the first approval of those plans, protocols or statements provided it has been demonstrated to the satisfaction of the MMO that the subject matter of the relevant amendments do not give rise to any materially new or materially different environmental effects to those assessed in the environmental information.

Maximum parameters

30

Work No. 5B is not authorised to the extent that it gives rise to environmental effects that are materially new or different to those identified based on the maximum parameters set out in paragraph 9.3.28 of Chapter 9 of the environmental statement.

Safety Management

31

(1) Subject to sub-paragraph (4), no part of the licensed activities may commence until a marine safety management system for that part has been submitted to and approved in writing by the MMO.

(2) The marine safety management system approved pursuant to sub-paragraph (1) must be in accordance with the Port Marine Safety Code and Guide to Good Practice on Port Marine Operations (or such documents as may replace them).

(3) The licensed activities must be carried out in accordance with the marine safety management system approved pursuant to sub-paragraph (1).

(4) Sub-paragraphs (1) to (3) do not apply to any part of the licensed activities where evidence has been submitted to and approved in writing by the MMO that there is an existing marine safety management system in place and which will apply to the relevant part of the licensed activities.

Provision of Information

32

(1) Only when driven or part-driven pile foundations or detonation of explosives are proposed to be used as part of the foundation installation the relevant undertaker must provide the following information to the Marine Noise Registry—

(a) prior to the commencement of the licenced activities, information on the expected location, start and end date of impact pile driving / detonation of explosives to satisfy the Marine Noise Registry’s Forward Look requirements;

(b) within 12 weeks of completion of impact pile driving / detonation of explosives, information on the locations and dates of impact pile driving / detonation of explosives to satisfy the Marine Noise Registry’s Close Out requirements.

(2) The relevant statutory undertaker must notify the MMO of the successful submission of Forward Look or Close Out data pursuant to sub-paragraph (1) above within 7 days of the submission.

(3) For the purpose of this condition—

(a) “Marine Noise Registry” means the database developed and maintained by JNCC on behalf of Defra to record the spatial and temporal distribution of impulsive noise generating activities in UK seas;

(b) “Forward Look” and “Close Out” requirements are as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) or any updated information document;

SCHEDULE 11 — DEEMED MARINE LICENCE UNDER THE 2009 ACT: PROJECT B

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 North Sea Storage Limited (company number 12473084) 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;

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

“Work No. 8” means Work No. 8 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;

(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 disposal of up to 500m3 of dredge arisings at 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 or detonation; and

(b) Work No. 8—

(i) horizontal direction drilling and works to facilitate such drilling;

(ii) grouting, sealing and jointing activities required to install a safe and functional pipeline;

(iii) the construction of a pipeline end-piece in order to effectively provide temporary prevention from ingress;

(iv) installation of fibre-optic control cables and power cables; and

(v) UXO inspection, removal or detonation,

in connection with Work No. 5B or Work No. 8 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 and Work No. 8 in the area bounded by the coordinates set out in Table 11 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
Work No. 8	Underground high pressure carbon dioxide export pipeline	-1.105639-1.105445-1.105243-1.105031-1.104828-1.104626-1.10423-1.103942-1.103788-1.103773-1.103684-1.103594-1.103413-1.103263-1.103171-1.103121-1.103036-1.102839-1.102667-1.102396-1.102034-1.101672-1.101342-1.100985-1.100717-1.100333-1.10005-1.099769-1.099968-1.103141-1.103864-1.104309-1.105244-1.107138-1.107962-1.108859-1.108101-1.107614-1.106721-1.10572	54.62749254.627454.62729854.62720354.62712754.62705554.62691954.6268454.62680354.626854.62678354.62676954.62674354.62672454.62671354.62670754.62669454.62666554.6266354.62656954.62649654.62640954.62632554.62622354.62614554.62603654.62594254.62584354.62578954.62493154.62473654.62486254.62516954.62573654.62599754.62630554.62658554.62676454.62709354.627462

4

The coordinates for the disposal sites notified to the MMO for use in this licence are specified in Table 12 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 11 and Table 12 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 the 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

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 each of Work Number 5B and Work Number 8 seaward of MHWS 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 each of Work Number 5B and Work Number 8 seaward of MHWS,

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 or Work No. 8; 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 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;

(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 licensed 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 related to Work No. 5B must include details of—

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

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

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

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

(3) A method statement submitted pursuant to sub-paragraph (1) for licensed activities related to Work No. 8 must include details of—

(a) the pipeline installation technique and methodology; and

(b) an indicative programme for the delivery of the licensable activities.

(4) 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.

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

(6) A marine method statement approved pursuant to sub-paragraph (6)(5) may be amended from time to time subject to approval in writing from the MMO.

(7) The licensed activities must be carried out in accordance with the marine method statement approved pursuant to sub-paragraphs (6) and (7).

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

(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.

(2) A written scheme of archaeological investigation submitted pursuant to sub-paragraph (1) must include—

(a) details of responsibilities of the relevant undertaker, archaeological consultant and contractor where required and appropriate;

(b) archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the MMO;

(c) details of the measures to be taken to protect, record or preserve any significant archaeological features that may be found and must set out a process for how unexpected finds will be dealt with which must be in accordance with the measures in the framework construction environmental management plan;

(d) delivery of any mitigation including the use of archaeological construction exclusion zones in agreement with the MMO;

(e) a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised development; and

(f) a geoarchaeological assessment that determines the extent to which any deposits of paleoenvironmental features exist.

(3) Unless otherwise agreed in writing the written scheme of archaeological investigation should be implemented as approved.

Construction, Operation and Maintenance

16

17

18

The relevant undertaker must—

(a) not discharge waste concrete slurry or wash water from concrete or cement into the marine environment; and

(b) site concrete and cement mixing and washing areas at least 10 metres from the River Tees or surface water drain to minimise the risk of run off entering the marine environment.

19

During licensed activities all wastes must be stored in designated areas that are isolated from surface water drains, open water and bunded to contain any spillage.

20

(1) Vibratory or drilled “pin” piling must be used as standard, with percussive piling only used if required to drive a pile to its design depth and where the relevant undertaker has established, following the carrying out of a desk top study informed by appropriate survey information, that vibratory or drilled “pin” piling would be ineffective.

(2) Where percussive piling is established to be necessary in accordance with sub-paragraph (1)—

(a) soft-start procedures must be used to ensure incremental increase in pile power over a set time period until full operational power is achieved;

(b) the soft-start duration must be a period of not less than 20 minutes; and

21

(1) In the event that any rock material is misplaced or lost below MHWS, the relevant undertaker must report the loss to the MMO Local Enforcement Office and MMO Marine Licensing Team using the dropped object procedure and via return of a completed Marine Licence Dropped Incident Report (MLDIR1), as soon as possible, and in any event within 48 hours of becoming aware of an incident and if the MMO reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the relevant undertaker must use reasonable endeavours to locate the material and recover it.

(2) On receipt of the MLDIR1, the MMO may require, acting reasonably, the relevant undertaker to carry out relevant surveys. The relevant undertaker must carry out surveys in accordance with the MMO’s reasonable requirements and must report the results of such surveys to the MMO;

(3) On receipt of such survey results, the MMO may, acting reasonably, require the relevant undertaker to remove specific obstructions from the seabed. The relevant undertaker must carry out removals of specific obstructions from the seabed in accordance with the MMO’s reasonable requirements and at its own expense;

(4) Where the relevant undertaker has been unable to locate or recover material pursuant to discharging its duties under sub-paragraphs (1) to (3) it must demonstrate to the MMO that reasonable attempts have been made to locate, remove or move any such material.

UXO Clearance

22

(1) No removal or detonation of UXO can take place until a UXO clearance methodology and marine mammal mitigation protocol has been submitted to and approved in writing by the MMO (following consultation with the Environment Agency and Natural England).

(2) The UXO clearance methodology and marine mammal mitigation protocol must be submitted to the MMO no later than six months prior to the date on which it is intended for UXO clearance activities to begin (unless otherwise agreed in writing by the MMO).

(3) The UXO clearance methodology submitted pursuant to sub-paragraph (1) must be based on the nature, location and size of UXO or magnetic anomalies that have been identified and include—

(a) a methodology for the clearance of magnetic anomalies or otherwise which are deemed a UXO risk;

(b) information to demonstrate how the best available evidence and technology has been taken into account in formulating the methodology;

(d) a plan highlighting the area(s) within which clearance activities are proposed;

(e) details of engagement with other local legitimate users of the sea; and

(f) a programme of works.

(4) The marine mammal mitigation protocol submitted pursuant to sub-paragraph (1) must include details of the measures to prevent auditory or other injury to marine mammals following current best practice as advised by the relevant statutory nature conservation bodies.

(5) The removal or detonation of UXO must be undertaken in accordance with UXO clearance methodology and marine mammal mitigation protocol approved pursuant to sub-paragraph (1).

(6) Subject to sub-paragraph (7) a UXO clearance close out report must be submitted in writing to the MMO and the relevant statutory nature conservation body within three months following the end of the UXO clearance activity and must include the following for each detonation undertaken—

(a) co-ordinates, depth, current speed, charge utilised and the date and time of each detonation; and

(b) whether any mitigation was deployed, including feedback on practicalities of deployment of equipment and efficacy of the mitigation where reasonably practicable, or justification if this information is not available.

(7) Should there be more than one UXO clearance activity, the report required under sub-paragraph (6) will be provided at intervals agreed in writing with the MMO.

Post Construction

23

Disposal

24

(1) The relevant undertaker must inform the MMO of the location and quantities of material disposed of each month under this licence.

(2) The information submitted pursuant to sub-paragraph (1) must be submitted to the MMO by 15 February each year for the months August to January inclusive, and by 15 August each year for the months February to July inclusive.

25

The relevant undertaker must ensure that only inert material of natural origin, produced during dredging is disposed of within the extent of the Order limits seaward of MHWS, within the disposal site TY150, TY160 (or any other disposal site approved in writing by the MMO), and that any other materials are screened out before disposal.

26

The material to be disposed of within the disposal site must be placed within the boundaries of the disposal site(s) specified within Table 12 in Part 1 of this licence.

27

The volume of material for disposal at each of the disposal sites specified within Table 12 in Part 1 of this licence must not exceed 500m3.

Provision of Information

28

(1) Should the relevant undertaker become aware that any of the information on which the granting of this licence was based was materially false or misleading, the relevant undertaker must notify the MMO in writing as soon as is reasonably practicable.

(2) A notification submitted pursuant to sub-paragraph (1) must explain what information was materially false or misleading and include the correct information.

Amendments to plans etc.

29

Maximum parameters

30

Work No. 5B and Work No. 8 are not authorised to the extent that they give rise to environmental effects that are materially new or different to those identified based on the maximum parameters set out in paragraph 9.3.28 of Chapter 9 of the environmental statement.

Safety Management

31

(1) Subject to sub-paragraph (4), no part of the licensed activities may commence until a marine safety management system for that part has been submitted to and approved in writing by the MMO.

(2) The marine safety management system approved pursuant to sub-paragraph (1) must be in accordance with the Port Marine Safety Code and Guide to Good Practice on Port Marine Operations (or such documents as may replace them).

(3) The licensed activities must be carried out in accordance with the marine safety management system approved pursuant to sub-paragraph (1).

(4) Sub-paragraphs (1) to (3) do not apply to any part of the licensed activities where evidence has been submitted to and approved in writing by the MMO that there is an existing marine safety management system in place and which will apply to the relevant part of the licensed activities.

Provision of Information

32

(1) Only when driven or part-driven pile foundations or detonation of explosives are proposed to be used as part of the foundation installation the relevant undertaker must provide the following information to the Marine Noise Registry—

(a) prior to the commencement of the licenced activities, information on the expected location, start and end dates of impact pile driving / detonation of explosives to satisfy the Marine Noise Registry’s Forward Look requirements;

(b) within 12 weeks of completion of impact pile driving / detonation of explosives, information on the locations and dates of impact pile driving / detonation of explosives to satisfy the Marine Noise Registry’s Close Out requirements.

(2) The relevant undertaker must notify the MMO of the successful submission of Forward Look or Close Out data pursuant to sub-paragraph (1) above within 7 days of the submission.

(3) For the purpose of this condition—

(a) “Marine Noise Registry” means the database developed and maintained by JNCC on behalf of Defra to record the spatial and temporal distribution of impulsive noise generating activities in UK seas;

(b) “Forward Look” and “Close Out” requirements are as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) or any updated information document;

SCHEDULE 12 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1

For the protection of the utility undertakers referred to in this Part of this Schedule, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.

2

In this Part—

“alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means—in the case of a utility undertaker within paragraph (a) of the definition of that term, electric lines or electrical plant (as defined in the 1989 Act), belonging to or maintained by that utility undertaker;in the case of a utility undertaker within paragraph (b) of the definition of that term, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;in the case of a utility undertaker within paragraph (c) of the definition of that term—mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; andany water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A (agreement to adopt water main or service pipe at future date) of the Water Industry Act 1991;in the case of a utility undertaker within paragraph (d) of the definition of that term—any drain or works vested in the utility undertaker under the Water Industry Act 1991;any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; andany other mains, pipelines or cables that are not the subject of the protective provisions in Parts 2 to 28 of this Schedule;

“functions” includes powers and duties;

“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and

“utility undertaker” means—any licence holder within the meaning of Part 1 (electricity supply) of the 1989 Act;a gas transporter within the meaning of Part 1 (gas supply) of the 1986 Act;water undertaker within the meaning of Part 2 of the Water Industry Act 1991;a sewerage undertaker within the meaning of Part 2 of the Water Industry Act 1991; andan owner or operator of apparatus within paragraph (e) of the definition of that term,for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained, and only where such owner or operator is not the subject of any of the protective provisions in Parts 2 to 28 of this Schedule.

Precedence of the 1991 Act in respect of apparatus in the streets

3

This Part does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

4

Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 13 (temporary stopping up of streets, public rights of way and access land), a utility undertaker is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

No acquisition etc. except by agreement

5

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

6

(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part, and any right of a utility undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7).

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 47 (arbitration).

(5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 47 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part.

(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that it desires itself to execute any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

(7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

Facilities and rights for alternative apparatus

7

(1) Where, in accordance with the provisions of this Part, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 47 (arbitration).

(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained Apparatus

8

(1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 6(2), the undertaker must submit to the utility undertaker in question a plan, section and description of the works to be executed.

(2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.

(3) Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) If a utility undertaker in accordance with sub-paragraph (1) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 7 apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

Expenses and costs

9

(1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker the reasonable expenses incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 6(2).

(2) There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part, that value being calculated after removal.

(3) If in accordance with the provisions of this Part—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 47 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 6(2); and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than seven years and six months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

10

(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 6(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

(a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

(b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker, by reason or in consequence of any such damage or interruption.

(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 a utility undertaker, its officers, employees, servants, contractors or agents; or

(b) any indirect or consequential loss or loss of profits by a utility undertaker.

(3) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(4) A utility undertaker must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph 10 applies. If requested to do so by the undertaker, a utility 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). The undertaker shall only be liable under this paragraph 10 for claims reasonably incurred by a utility undertaker.

Enactments and agreements

11

Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaking in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

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

12

(1) For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.

(2) In this Part—

“the 2003 Act” means the Communications Act 2003;

“electronic communications apparatus” has the same meaning as set out in paragraph 5 of the electronic communications code;

“the electronic communications code” has the same meaning as set out in section 106 (application of the electronic communications code) of the 2003 Act;

“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;

“network” means—so much of a network or infrastructure system provided by an operator as is not excluded from the application of the electronic communications code by a direction under section 106(3)(a) of the 2003 Act; anda network which the Secretary of State is providing or proposing to provide; and “operator” means a person in whose case the electronic communications code is applied by a direction under section 106(3)(a) of the 2003 Act and who is an operator of a network; and

“operator” means a person in whose case the electronic communications code is applied by a direction under section 106(3)(a) of the 2003 Act and who is an operator of a network.

13

The exercise of the powers of article 33 (statutory undertakers) is subject to Part 10 of Schedule 3A (the electronic communications code) of the 2003 Act.

14

(1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

(a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

(b) there is any interruption in the supply of the service provided by an operator,

(c) the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

(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 an operator, its officers, employees, servants, contractors or agents; or

(b) any indirect or consequential loss or loss of profits by an operator.

(3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(4) The operator must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph 14 applies. If requested to do so by the undertaker, the operator 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). The undertaker shall only be liable under this paragraph 14 for claims reasonably incurred by the operator.

(5) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 47 (arbitration).

15

This Part of this Schedule does not apply to—

(a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

(b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

16

Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

PART 3 — FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION AS ELECTRICITY UNDERTAKER

Application

17

For the protection of National Grid as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid.

Interpretation

18

In this Part of this Schedule—

“alternative apparatus” means appropriate alternative apparatus to the satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means any electric lines or electrical plant as defined in the 1989 Act, belonging to or maintained by National Grid, together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution and/or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

“authorised development” has the same meaning as in article 2 (interpretation) of this Order and includes any associated development authorised by the Order and (unless otherwise specified) for the purposes of this Part of this Schedule includes the use and maintenance of the authorised development and construction of any works authorised by this Schedule;

“commence” and “commencement” has the same meaning as in article 2 of this Order and commencement is construed to have the same meaning save that for the purposes of this Part of this Schedule only the term commence and commencement includes any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment within 15 metres of any apparatus;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;

“maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid including construct, use, repair, alter, inspect, renew or remove the apparatus;

“National Grid” means National Grid Electricity Transmission Plc (Company Number 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH or any successor as a licence holder within the meaning of Part 1 of the 1989 Act;

“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;

“specified works” means any of the authorised development or activities undertaken in association with the authorised development which—will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 22(2) or otherwise; and/ormay in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 22(2) or otherwise; and/or is an activity that is referred to in development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”;

“undertaker” means the undertaker as defined in article 2(1) of this Order.

On Street Apparatus

19

Except for paragraphs 20 (apparatus of National Grid in streets subject to temporary stopping up), 24 (retained apparatus), 25 (expenses) and 26 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under this Order affecting the rights and apparatus of National Grid, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus of National Grid in streets subject to temporary stopping up

20

Notwithstanding the temporary stopping up or diversion of any street under the powers of article 13 (temporary stopping up of streets, public rights of way and access land), National Grid will be at liberty at all times to take all necessary access across any such stopped up street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that street.

Protective works to buildings

21

The undertaker, in the case of the powers conferred by article 19 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid.

Removal of apparatus

22

(1) If, in the exercise of powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraphs (2) to (5).

(2) If, for the purpose of executing any works comprised in the authorised development in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), secure any necessary consents for the alternative apparatus and afford to National Grid to its satisfaction (taking into account paragraph 23(1) below) the necessary facilities and rights—

(a) for the construction of alternative apparatus in other land of or land secured by the undertaker; and

(b) subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation must not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.

(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.

(5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to a written diversion agreement having been entered into between the parties and the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

23

(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid.

(2) If the facilities and rights to be afforded by the undertaker and agreed with National Grid under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject the matter will be referred to arbitration in accordance with paragraph 30 (arbitration) of this Part of this Schedule and the arbitrator may make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

24

(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid a plan of the works to be executed and seek from National Grid details of the underground extent of their electricity tower foundations.

(2) In relation to works which will or may be situated on, over, under or within (i) 15 metres measured in any direction of any apparatus, or (ii) involve embankment works within 15 metres of any apparatus, the plan to be submitted to National Grid under sub-paragraph (1) must include a method statement and describe—

(a) the exact position of the works;

(b) the level at which these are proposed to be constructed or renewed;

(d) the position of all apparatus;

(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

(f) any intended maintenance regimes; and

(g) an assessment of risks of rise of earth issues.

(3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must, in addition to the matters set out in sub-paragraph (2), include a method statement describing—

(a) details of any cable trench design including route, dimensions, clearance to pylon foundations;

(b) demonstration that pylon foundations will not be affected prior to, during and post construction;

(d) details of any cable installation methodology including access arrangements, jointing bays and backfill methodology;

(e) a written management plan for high voltage hazard during construction and ongoing maintenance of any cable route;

(f) written details of the operations and maintenance regime for any cable, including frequency and method of access;

(g) assessment of earth rise potential if reasonably required by National Grid’s engineers; and

(h) evidence that trench bearing capacity is to be designed to support overhead line construction traffic of at least 26 tonnes in weight.

(4) The undertaker must not commence any works to which sub-paragraph (2) or (3) apply until National Grid has given written approval of the plan so submitted.

(5) Any approval of National Grid required under sub-paragraph (4)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (6) or (8); and

(b) must not be unreasonably withheld.

(6) In relation to any work to which sub-paragraph (2) or (3) apply, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(7) Works executed under sub-paragraph (2) or (3) must be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (6), as approved or as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (6) or (8) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid will be entitled to watch and inspect the execution of those works.

(8) Where National Grid requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to National Grid’s satisfaction prior to the commencement of any specified works for which protective works are required and National Grid must give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).

(9) If National Grid in accordance with sub-paragraph (6) or (8) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 17 to 19, 22 and 23 apply as if the removal of the apparatus had been required by the undertaker under paragraph 22(2).

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.