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

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(4) In the event that Anglo American withholds its consent pursuant to sub-paragraph (2) above 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 Anglo American 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.

Constructability Principles

235

(1) The undertaker (unless otherwise agreed, or in an emergency relating to potential death or serious injury, or where it would render the Specified Works, NZT Apparatus, Anglo American Specified Works or Anglo American Apparatus unsafe, or put the undertaker in breach of its statutory duties) must—

(a) in respect of all Shared Areas—

(i) carry out the works in such a way that will not prevent or interfere with the continued construction of the Anglo American Specified Works, or the maintenance or operation of the Anglo American Apparatus unless the action leading to such prevention or interference has the prior written consent of Anglo American;

(ii) ensure that works carried out to, or placing of NZT Apparatus beneath, roads along which construction or maintenance access is required by Anglo American in respect of any Anglo American Apparatus (including the overland conveyor) will be of adequate specification to bear the loads;

(iii) prior to the undertaker carrying out any of the Specified Works in any part of any Shared Area, the undertaker must in respect of the Specified Work concerned—

(aa) submit a construction programme and a construction traffic and access management plan in respect of that area to Anglo American and obtain agreement thereof from Anglo American (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 without prejudice to the generality of sub-paragraph (i) the plans must include such measures and construction practices or processes as are necessary to satisfactorily address the relevant issues in relation to construction traffic and access management during construction that are set out in this paragraph 234;

(bb) where applicable, confirm to Anglo American in writing the identity of the client for the purposes of the relevant Construction Design and Management Regulations applicable from time to time; and

(cc) obtain the agreement of Anglo American to the location of any temporary laydown areas where such areas are not those referred to in Table 5-2 of the environmental statement;

(iv) update the monthly construction programme approved under sub-paragraph (iii)(aa) monthly and supply a copy of the updated programme to Anglo American every month;

(v) at all times construct the Specified Works in compliance with the relevant approved construction programme and construction traffic and access management plan;

(vi) notify Anglo American 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;

(vii) 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;

(viii) following the completion of each of the Specified Works unless otherwise agreed in writing by Anglo American fully reinstate the affected area (with the exception only of the retention of the permanent elements of the Specified Works) and remove all waste/surplus materials; and

(ix) obtain the prior written consent of Anglo American for the use of any re-cycled aggregate material within the Shared Area;

(b) in respect of Shared Area 1, construct the Specified Works in such a way that—

(i) construction activities do not interfere with the ability of Anglo American to construct and operate the shiploader within Shared Area 1;

(ii) construction access is maintained for Anglo American to undertake the construction of its ship loader, associated equipment and quay and is safeguarded;

(iii) the use by Anglo American of a laydown facility within Shared Area 1 in connection with its construction activities is appropriately protected; and

(iv) no works are carried out in that part of Shared Area 1 which is the subject of the AA Easements;

(i) the construction access required by Anglo American along Shared Area 2 for the construction of the quay authorised by the York Potash Order is safeguarded at all times;

(ii) access for Anglo American and third parties to, and along, the pipeline corridor within Shared Area 2 is safeguarded at all times;

(iii) Anglo American has unhindered access to manage the discharge facility within the NWL Facility and to empty their leachate chambers at all times so as to be able to comply with its obligations under the EA Permit;

(iv) access via the area colloquially known as the Eston Triangle is safeguarded; and

(v) the construction, operation and maintenance of any overland conveyor to be located within Shared Area 2 is not impaired;

(d) in respect of Shared Area 3, construct the Specified Works in such a way that—

(i) Anglo American is able to access the gas monitoring facility within the NWL Facility at all times so as to be able to comply with its obligations under the EA Permit;

(ii) the operation and maintenance of boreholes BH0627 and BH0628 is not interfered with; and

(iii) the construction, operation and maintenance of any overland conveyor to be located within Shared Area 3 is not impaired;

(e) in respect of Shared Area 4, construct the Specified Works in such a way that—

(i) use by Anglo American of laydown areas within Shared Area 4 in connection with construction activities for the Woodsmith Project is appropriately protected;

(ii) access to the rail crossing point within or adjacent to Shared Area 4 for Anglo American is safeguarded;

(iii) the operation and maintenance of borehole BH622 is not interfered with; and

(iv) the construction, operation and maintenance of any overland conveyor to be located within Shared Area 4 is not impaired; and

(f) in respect of Shared Area 5, construct the Specified Works in such a way that the construction, operation and maintenance of any overland conveyor to be located within Shared Area 5 is not impaired.

(2) The undertaker must not do anything within Shared Areas 2,3, 4 and 5 which will constrain the ability of Anglo American to construct and operate an overland conveyor along the route which is the subject of the STDC Agreement or do anything which will compromise the construction, operational efficiency or maintenance of that conveyor or make the construction, operation or maintenance of it materially more expensive (unless such difference in cost (including any difference attributable to delay) is agreed to be provided by the undertaker).

(3) Any spoil from the Anglo American 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.

(4) In considering a request for any consent under the provisions of this Part of this Schedule, Anglo American 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)(a)(iii)(aa) (as relevant in respect of a traffic and access management plan) or agreed pursuant to sub-paragraph (3) (in respect of a spoil management plan); and

(b) refuse consent for reasons which conflict with the contents of documents approved by Anglo American pursuant to the provisions of this paragraph and paragraph 235.

Interface Design Process

236

(1) Prior to the seeking of any consent under this Part of this Schedule, the undertaker must, unless Anglo American 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;

(d) in respect of any part of the Shared Area which is to accommodate the overland conveyor, information to demonstrate that the relevant Specified Works account for the interface with any overland conveyor located in that part of the Shared Area.

(2) Unless otherwise agreed, the undertaker must submit the outcome of the design and constructability review referred to in sub-paragraph (1) to Anglo American for approval prior to the seeking of any consent under this Part of 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 Anglo American.

(5) In considering any request for consent or approval under this Part of this Schedule, Anglo American must not refuse consent for details that are consistent with those approved under sub-paragraph (2) unless Anglo American 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 authorised development or the Woodsmith Project.

Design Principles

237

The Specified Works must be designed in such a way (unless otherwise agreed by Anglo American)—

(a) that the location and design of the Specified Works do not interfere with the operation and maintenance of boreholes BH0622, BH0627 and BH0628; and

(b) so as not to conflict with the ability of Anglo American to construct the southern tower for the overland conveyor in the location authorised by the York Potash Order or the conveyor towers in the alternative locations within Shared Area 4.

Maintenance and Operational Principles

238

The Specified Works must be maintained and operated in such a way that (unless otherwise agreed, in an emergency, or where it would render the Specified Works, Anglo American Specified Works or Anglo American Apparatus unsafe, or put the undertaker in breach of its statutory duties)—

(a) in Shared Area 2: Anglo American has unhindered access to manage the discharge facility within the NWL Facility and to empty their leachate chambers so as to be able to comply with its obligations under the EA Permit;

(b) in Shared Area 3: Anglo American (along with NWL) has unhindered access to monitor the gas monitoring facility located within the NWL Facility so as to be able to comply with its obligations under the EA Permit; and

(c) in Shared Areas 2, 3, 4 and 5: the operation of any overland conveyor located within those Shared Areas is not impaired.

Miscellaneous provisions

239

(1) The undertaker and Anglo American 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 Part of this Schedule.

(2) The undertaker must pay to Anglo American the reasonable expenses incurred by Anglo American in connection with the consenting processes under this Part of this Schedule, including the approval of plans, inspection of any Specified Works or the alteration or protection of the Anglo American Specified Works.

Indemnity

240

(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 Anglo American Apparatus used in connection with the Anglo American Specified Works or damage is caused to any part of the Anglo American Specified Works or there is any interruption in any service provided, or the operations of Anglo American, or in the supply of any goods, by Anglo American, or Anglo American 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 Anglo American for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Anglo American, by reason or in consequence of any such damage or interruption or Anglo American becoming liable to any third party as aforesaid.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of Anglo American, its officers, employees, servants, contractors or agents.

(3) Anglo American 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) If the undertaker becomes responsible for a claim or demand pursuant to sub-paragraph (3) it must—

(a) keep Anglo American fully informed of the developments and material elements of the proceedings;

(b) take account of the views of Anglo American before taking any action in relation to the claim;

(c) not bring the name of ... Anglo American or any related company into disrepute and act in an appropriate and professional manner when disputing any claim; and

(d) not pay or settle such claims without the prior written consent of Anglo American such consent not to be unreasonably withheld or delayed.

(5) Anglo American 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, Anglo American 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).

(6) The undertaker shall not be liable under this paragraph in respect of any claim capable of being mitigated or minimised to the extent that Anglo American has not used its reasonable endeavours to mitigate and/or minimise that claim in accordance with sub-paragraph (5).

(7) The fact that any work or thing has been executed or done with the consent of Anglo American and in accordance with any conditions or restrictions prescribed by Anglo American or in accordance with any plans approved by Anglo American or to its satisfaction or in accordance with any directions or award of any expert appointed pursuant to paragraph 241 does not relieve the undertaker from any liability under this paragraph.

Dispute Resolution

241

Article 47 (arbitration) does not apply to the provisions of this Part of this Schedule.

242

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 undertaker and Anglo American 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.

243

The fees of the expert appointed pursuant to paragraph 241(b) are to be payable by the Parties in such proportions as the expert may determine or, in the absence of such determination, equally as between the Parties.

244

Where appointed pursuant to paragraph 241(b), 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);

(d) give reasons for the decision.

245

The expert must consider where relevant—

(a) the development outcomes sought by the undertaker and Anglo American;

(b) the ability of the undertaker and Anglo American to achieve the outcomes referred to sub-paragraph (a) in a timely and cost-effective manner;

(d) whether under this Order or the York Potash Order, the undertaker’s or Anglo American’s outcomes could be achieved in any alternative manner without the Specified Works being materially compromised in terms of increased cost or increased length of programme; and

(e) any other important and relevant considerations.

246

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.

PART 19 — FOR THE PROTECTION OF SUEZ RECYCLING AND RECOVERY UK LIMITED

247

For the protection of Suez, the following provisions have effect, unless otherwise agreed in writing between the undertaker and Suez.

248

In this Part of this Schedule—

“the respective authorised developments” means the authorised development and the Suez energy from waste facility respectively;

“Suez” means Suez Recycling and Recovery UK Limited (company number 02291198) whose registered address is Suez House, Grenfell Road, Maidenhead, Berkshire SL6 1ES and any successor in title;

“the Suez energy from waste facility” the proposed energy from waste facility authorised by planning permission ref 14/1454/EIA granted by Stockton-on-Tee Borough Council to be situated on the Suez site;

“Suez site” means the land within the Order limits owned by Suez; and

“works details” means—plans and sections;details of the proposed method of working and timing of execution of works;details of vehicle access routes for construction and operational traffic; andany further particulars provided in response to a request under paragraph 249.

249

Paragraphs 249 to 252 of this Part only apply where prior to the undertaker commencing any part of Work Number 6 Suez has either begun or completed construction of the Suez energy from waste facility anywhere within the Order limits.

250

Before commencing any part of the authorised development which would have an effect on the operation or maintenance of the Suez energy from waste facility or access to it, the undertaker must submit to Suez the works details for the proposed works and such further particulars as Suez may, within 28 days from the day on which the works details are submitted under this paragraph, reasonably require.

251

No works comprising any part of the authorised development which would have an effect on the operation or maintenance of the Suez energy from waste facility or access to it are to be commenced until the works details in respect of those works submitted under paragraph 249 have been approved by Suez.

252

Any approval of Suez required under paragraph 250 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as Suez may require to be made to ensure that the respective authorised developments can co-exist within the Suez site.

253

(1) The authorised development must be carried out in accordance with the works details approved under paragraph 250 and any requirements imposed on the approval under paragraph 251.

(2) Where there has been a reference to an arbitrator in accordance with paragraph 255 and the arbitrator gives approval for the works details, the authorised development must be carried out in accordance with the approval and conditions contained in the decision of the arbitrator under paragraph 255.

Co-operation

254

(1) This paragraph applies insofar as—

(a) the construction of the Suez energy from waste facility and the authorised development may be undertaken within the Order limits concurrently; or

(b) the construction of one of the respective authorised developments would have an effect on the operation or maintenance of the other respective authorised development or access to it.

(2) Where this paragraph applies the undertaker and Suez must—

(a) co-operate with each other with a view to ensuring—

(i) the co-ordination of construction programming and the carrying out of the respective authorised developments;

(ii) that access for the purposes of constructing the respective authorised developments is maintained for the undertaker, Suez and their respective employees, contractors and sub-contractors; and

(iii) that operation, maintenance and access to the respective authorised developments is maintained for the undertaker and Suez; and

(b) use reasonable endeavours to avoid any conflict arising from the carrying out of the respective authorised developments.

Indemnity

255

(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 249, any damage is caused to the Suez site, or there is any interruption in any service provided, or in the supply of any goods, by Suez, the undertaker must—

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

(b) make reasonable compensation to Suez for any other expenses, loss, damages, penalty or costs incurred by Suez, 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 Suez, its officers, employees, servants, contractors or agents; or

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

(3) Suez 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) Suez 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 254 applies. If requested to do so by the undertaker, Suez 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 254 for claims reasonably incurred by Suez.

Arbitration

256

Any difference or dispute arising between the undertaker and Suez under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and Suez, be referred to and settled by arbitration in accordance with article 47 (arbitration).

PART 20 — FOR THE PROTECTION OF SOUTH TEES DEVELOPMENT CORPORATION

257

For the protection of South Tees Development Corporation, Teesworks Limited and South Tees Developments Limited, the following provisions have effect, unless otherwise agreed in writing between the undertaker and South Tees Development Corporation, South Tees Developments Limited and Teesworks Limited.

258

(1) In this Part of this Schedule—

“AIL access route land” means plots 290, 291 and 299, so far as required in relation to Work No. 10;

“AIL access route works” means Work No. 10 within the AIL access route land;

“diversion condition” means that in relation to the relevant diversion work—in relation to a proposed work which is required for the construction of the authorised development, that it in the reasonable opinion of the undertaker enables the authorised development to be constructed and commissioned;in relation to a proposed work which is required for the maintenance or operation of the authorised development, that it in the reasonable opinion of the undertaker enables the authorised development to be constructed (where relevant), maintained, operated and (where relevant) decommissioned;its cost is reasonable having regard to the nature and scale of the relevant proposed work;planning permission is not required, or has been granted, or in the reasonable opinion of the undertaker can be obtained in accordance with the undertaker’s programme for the construction of the authorised development;such other consents, licences or authorisations as are required for the diversion work have been obtained, or in the reasonable opinion of the undertaker can be obtained in accordance with the undertaker’s programme for the construction of the authorised development;the Teesworks entity can grant adequate interest in land or a licence to the undertaker to use, maintain and operate the diversion work for its intended purpose as part of the authorised development and if relevant to carry out the diversion work;the diversion work—is already constructed and available for use by the undertaker; orwhere a diversion work is to be carried out, whether by the Teesworks entity or the undertaker, it can be carried out and completed in accordance with the undertakers’ programme for the construction of the authorised development;in relation only to the AIL access route work that the diversion work complies with the red main criteria;in relation only to the parking diversion works that—from 1 July 2023 to 30 September 2023, 60 parking spaces within the STDC area (but no more than 1.5km from Work No. 1) would be available to the undertaker for the parking of private cars;from 1 October to 31 December 2023, 150 parking spaces within the STDC area (but no more than 1.5km from Work No. 1) would be available to the undertaker for the parking of private cars;by 1 January 2024, at least 300 car parking spaces within the STDC area would be available for use by the undertaker for the parking of private cars;and that the number of car parking spaces specified would be available for use by the undertaker at all times during the periods specified, and that the surface of any land designated for use as a car parking space is suitable for such use, and that the undertaker will be able to operate a bus service that provides for the transport of personnel from the car parking spaces to construction areas during the construction of the authorised development;and that in the reasonable opinion of the undertaker the car parking spaces would be available for use by the undertaker at all times during the periods specified, and that the land demonstrated for use as car parking spaces is suitable for such use, and that the undertaker will be able to operate a bus service that provides for the transport of personnel from the car parking spaces to construction areas during the construction of the authorised development;

“diversion notice” means a notice from the Teesworks entity to the undertaker under paragraph 270;

“diversion work” means works, development or use of land;

“diversion works agreement” means an agreement between the Teesworks entity and the undertaker in relation to a diversion work which provides—adequate interest in land to allow the undertaker to use and where relevant maintain and operate the diversion work for its intended purpose as part of or in connection with the authorised development; andwhere relevant, that the undertaker can carry out the diversion work or that the Teesworks entity must carry out the diversion work, in either case in accordance with the undertakers’ programme for the construction of the authorised development;

“identified power” means a power conferred by the following in relation to a proposed work—article 22 (compulsory acquisition of land);article 23 (power to override easements and other rights);article 25 (compulsory acquisition of rights etc.);article 26 (private rights);article 28 (acquisition of subsoil and airspace only);article 31 (temporary use of land for carrying out the authorised development);article 32 (temporary use of land for maintaining the authorised development); andarticle 33 (statutory undertakers),or the powers conferred by section 11(3) (powers of entry) of the 1965 Act or any powers conferred by section 4 (execution of declaration) of the 1981 Act as applied by this Order;

“information notice” means a notice issued by the undertaker under paragraph 272(c) that additional information is reasonably required before it can decide whether to agree to a diversion work;

“parking land” means part of each of plots 289, 292, 293, 298 and 300 being the area shown hatched green on the parking plan, so far as required in relation to Work No. 9A;

“parking plan” means the plan which is certified as the parking plan by the Secretary of State under article 45 (certification of plans etc.) for the purposes of this Order;

“parking works” means use of the parking land within part of Work No. 9A for parking;

“the PCC site access plan” means the plan which is certified as the PCC site access plan by the Secretary of State under article 45 for the purposes of this Order;

“the PCC site access route land” means parts of plots 425, 459, 485 and 488, and plots 425a, 458, 458a, 467, 470, 473, 493, 496, 500, 502, 504, 505 and 508, being the area shown hatched green on the PCC site access plan so far as required in relation to Work No. 10;

“the PCC site access route works” means Work No. 10 within the PCC site access route land;

“proposed land” means one of the AIL access route land, the parking land, the PCC site access route land or the water connection land;

“proposed work” means one of the AIL access route works, the parking works, the PCC site access route works or the water connection works;

“proposed work programme” means a programme for the construction and use of a proposed work;

“the respective authorised developments” means the authorised development and the Teesworks development respectively;

“red main criteria” means that—the diversion work must be along a route that must connect to plot 223 at the same location as the existing road;the diversion work must connect into the construction areas required for the construction of the authorised development at a location required by the undertaker acting reasonably;the diversion work must accommodate cargo of 20 metre width by 20 metre height by 80 metre length, with an axle width of 10 metres, and with 5 metres of overhang each side;the diversion work must allow a minimum internal turning radius of 24 metres and a maximum outer turning radius of 53 metres;the longitudinal slope of the diversion work must not exceed 5%;the transverse slope of the diversion work must not exceed 1.5%; andthe diversion work must have a minimum ground bearing capacity of 100 kN/m2 and sufficient protection provided if it crosses underground facilities;

“South Tees Developments Limited” means South Tees Developments Limited (Company number 11747311) whose registered office is at Teesside Airport Business Suite, Teesside International Airport, Darlington, United Kingdom, DL2 1NJ;

“STDC” means South Tees Development Corporation;

“STDC area” means the administrative area of STDC;

“the Teesworks development” means development authorised by any planning permission or development consent order granted in relation to the Teesworks site (or generally by permitted development rights), or prospective development planned in relation to the Teesworks site;

“Teesworks Limited” means Teesworks Limited (Company number 12351851) whose registered office is at Venture House, Aykley Heads, Durham, England, DH1 5TS;

“Teesworks entity” means subject to paragraph 286 Teesworks Limited, STDC and South Tees Developments Limited and any successor in title to the freehold interest in the Teesworks site;

“the Teesworks site” means any land within the Order limits owned by STDC, Teesworks Limited and South Tees Developments Limited;

“water connection land” means part of plots 473, and plots 409a, 425a, 458, 461, 463, 467, 470, 472, 498, 509, 512, 515, 516, 518, 519, 521, 522, 524, 525, 531, 532, 533, 534, 535, 536, 537, 538, being the area shown hatched green on the water connection plan, and so far as required in relation to Work No. 4;

“water connection plan” means the plan which is certified as the water connection plan by the Secretary of State under article 45 for the purposes of this Order;

“water connection works” means Work No. 4 within the water connection land;

“works details” means—plans and sections;details of the proposed design;details of the proposed method of working;details of the programme and timing of execution of the works;details of vehicle access routes for construction and operational traffic;details of the location within the Teesworks site of a corridor situated within the limits shown on the works plans for numbered works 2A, 3, 4A, 5, 6, 8 and 10 within which the corresponding works are proposed to be carried out;details of the location within the Teesworks site of a corridor situated within the limits shown on the works plans for numbered works 2A, 3, 4A, 5, 6, 8 and 10 within which the permanent corresponding works will be placed; andany further particulars provided in response to a request under paragraph 258; and

“works notice” means a notice setting out details of a proposed work (sufficient to allow consideration of a potential diversion work and including a programme) and the exercise of an identified power in respect of any part of the proposed land.

(2) For the purposes of this Part of this Schedule, a diversion work or associated interest in land is capable of meeting the diversion condition notwithstanding that—

(a) it is longer in distance than the relevant proposed work it is replacing; or

(b) in the case of vehicular or staff access, it increases the time taken to travel to the authorised development compared to the relevant proposed work it is replacing,

provided that a diversion work or associated interest in land may not be considered to be adequate where in the reasonable opinion of the undertaker an increase in distance or time (whichever is relevant) would—

(a) incur unreasonable cost, having regard to both the nature and scale of the relevant proposed work, and the nature and scale of the impact on the Teesworks Development; or

(b) have a material adverse impact on the timetable for the delivery of the authorised development in accordance with the undertaker’s construction programme.

259

Before commencing the construction of any part of the authorised development including any permitted preliminary works within the Teesworks site, the undertaker must first submit to the Teesworks entity for its approval the works details for the work and such further particulars as the Teesworks entity may, within 30 days from the day on which the works details are submitted under this paragraph, reasonably require.

260

No works comprising any part of the authorised development including any permitted preliminary works within the Teesworks site are to be commenced until the works details in respect of those works submitted under paragraph 258 have been approved by the Teesworks entity.

261

Any approval of the Teesworks entity required under paragraph 260 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as the Teesworks entity may require to be made to ensure that the respective authorised developments can co-exist within the Teesworks site.

262

The authorised development must be carried out in accordance with the works details approved under paragraph 258 and any requirements imposed on the approval under paragraph 260 or where there has been a reference to an arbitrator in accordance with paragraph 285 and the arbitrator gives approval for the works details, the authorised development must be carried out in accordance with the approval and conditions contained in the decision of the arbitrator.

263

The undertaker must not exercise the powers under Article 14 or any other provision of this Order to create a means of access between the Tees Dock Road and plots 274 and 279 as shown on the land plans.

Co-operation

264

The Teesworks entity must provide the undertaker with information the undertaker reasonably requests in relation to the Teesworks development and which the undertaker reasonably needs (and which is reasonably available for disclosure by the Teesworks entity) in order to understand the interactions between the respective authorised developments or to design, build and operate the authorised development.

265

The undertaker must provide the Teesworks entity with information the Teesworks entity reasonably requests in relation to the authorised development and which the Teesworks entity reasonably needs (and which is reasonably available for disclosure by the undertaker) in order to understand the interactions between the respective authorised developments or to design, build and operate the Teesworks development.

266

(1) This paragraph applies insofar as—

(a) the construction of the authorised development may be undertaken on the Teesworks site concurrently with demolition or site preparation works undertaken by the Teesworks entity;

(b) the construction of the respective authorised developments may be undertaken on the Teesworks site concurrently; or

(c) the construction of one of the respective authorised developments would have an effect on the operation or maintenance of the other respective authorised development or access to it.

(2) Where this paragraph applies the undertaker and the Teesworks entity must—

(a) co-operate with each other with a view to ensuring—

(i) the co-ordination of construction programming and the carrying out of the respective authorised developments;

(ii) that access for the purposes of constructing the respective authorised developments is maintained for the undertaker, the Teesworks entity and their respective employees, contractors and sub-contractors; and

(iii) that operation, maintenance and access to the respective authorised developments is maintained for the undertaker and the Teesworks entity; and

(b) use reasonable endeavours to avoid any conflict arising from the carrying out of the respective authorised developments.

Expenses

267

(1) Subject to the following provisions of this paragraph, the undertaker must repay to the Teesworks entity the reasonable costs and expenses incurred by them in, or in connection with—

(a) the authorisation of works details in accordance with paragraphs 258 to 261;

(b) the process in relation to proposed works and diversion works set out in paragraphs 268 to 280(2);

(c) where the relevant diversion work is provided by the Teesworks entity and solely for the use of the undertaker in connection with the authorised development, the construction of a diversion work provided instead of the relevant proposed work; and

(d) where the relevant diversion work is provided for the use of the undertaker in connection with the authorised development and for use in connection with or as part of the wider Teesworks site, a proportion of the cost of construction of a diversion work provided instead of the PCC site access route works or the water connection works, such proportion to be agreed between the undertaker and the Teesworks entity acting reasonably or to be determined by arbitration pursuant to paragraph 285.

(2) Prior to incurring any expenses associated with the activities outlined in paragraph 266, the Teesworks entity must give prior written notice to the undertaker of the activity or activities to be undertaken and an estimate of the costs to be incurred.

(3) The expenses associated with the activities outlined in paragraph 266 so far as they relate to the procurement of diversion work instead of the AIL access route works or the parking works will be incurred by the entity that serves the relevant diversion notice.

Indemnity

268

(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 258 and approved under paragraph 259, or any diversion works, any damage is caused to the Teesworks site, or there is any interruption in any service provided, or in the supply of any goods, by the Teesworks entity, the undertaker must—

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

(b) make reasonable compensation to the Teesworks entity for any other expenses, loss, damages, penalty or costs incurred by the Teesworks entity, 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 any damage or interruption to the extent that it is attributable to the act, neglect or default of the Teesworks entity, its officers, employees, servants, contractors or agents.

(3) The Teesworks entity 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) The Teesworks entity 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 267 applies. If requested to do so by the undertaker, the Teesworks entity 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 267 for claims reasonably incurred by the Teesworks entity.

Provision for diversion works

269

The undertaker must—

(a) as soon as reasonably practicable following the grant of the DCO consent, and prior to commencement of the authorised development—

(i) provide to the Teesworks entity details of its proposed works programme; and

(ii) provide such further particulars relating to the proposed works as the Teesworks entity may on occasion reasonably request, and must provide the details reasonably available to the undertaker that have been requested by the Teesworks entity within a period of 30 days of a request by the Teesworks entity or such longer period as the Teesworks entity and the undertaker may agree; and

(b) prior to exercising an identified power in respect of any part of the proposed land issue a works notice to the Teesworks entity for that part.

270

If the undertaker intends to change the timing of the proposed work as set out in a proposed works programme issued to the Teesworks entity or the timing of the proposed works set out in a work notice the undertaker must notify the Teesworks entity as soon as reasonably practicable and where the undertaker decides to change timing which was specified in a work notice it must issue a revised work notice to the Teesworks entity.

271

The Teesworks entity may issue a notice (a “diversion notice”) to the undertaker at any time prior to 30 days after the later of—

(a) the date of issue of the work notice under paragraph 268(b); or

(b) the date of issue of the most recent work notice under paragraph 269,

unless the Teesworks entity and the undertaker, acting reasonably, agree such longer period prior to the expiry of the relevant 30 day period.

272

A diversion notice must set out—

(a) the diversion work proposed; and

(b) how the diversion work proposed satisfies so far as relevant each part of the diversion condition.

273

If a diversion notice is issued to the undertaker before the expiry of the period under paragraph 270, the undertaker must notify the Teesworks entity no later than 30 days after the date of receipt of the diversion notice confirming whether the undertaker—

(a) agrees to diversion work;

(b) does not agree to the diversion work; or

274

In making the decision under paragraph 272 the undertaker must act reasonably and may only issue a notice stating that it does not agree to the diversion work where it considers that the diversion condition is not satisfied.

275

Where the undertaker gives an information notice to the Teesworks entity, that notice must set out what additional information is required by the undertaker to decide whether or not it agrees to the diversion notice.

276

Where the undertaker notifies the Teesworks entity under paragraph 272(b) that it does not agree to a diversion work, that notice must set out the reasons why the undertaker does not agree that the diversion work satisfies the diversion condition along with an indication of what would be required to make it satisfy the diversion condition.

277

If the undertaker issues an information notice to the Teesworks entity, the Teesworks entity may submit further information to the undertaker within 30 days of receipt of the information notice.

278

If the Teesworks entity submits further information to the undertaker within 30 days of receipt of the information notice, the undertaker must consider the further information and paragraph 272 applies again provided that the undertaker is not obliged to consider any further information that is received by the undertaker—

(a) more than 30 days after the date of the information notice issued by the undertaker under paragraph 272(c); or

(b) in any case 150 days from the date of the undertaker’s works notice under paragraph 268(b) or if relevant 150 days from the date of any revised works notice issued by the undertaker under paragraph 269.

279

If the undertaker issues notice to the Teesworks entity under paragraph 272(b) confirming that it does not agree to the diversion notice, the Teesworks entity may submit a further diversion notice to the undertaker to address the undertaker’s reasons for refusal under paragraph 275, provided that the undertaker is not obliged to consider any further diversion notice that is received by the undertaker—

(a) more than 30 days after the date of the notice issued by the undertaker under paragraph 272(b); or

(b) in any case 150 days from the date of the undertaker’s works notice under paragraph 268(b) or if relevant 150 days from the date of any further works notice issued by the undertaker under paragraph 269.

280

If the undertaker issues a notice under paragraph 272(a) the Teesworks entity and the undertaker must use reasonable endeavours to enter into a diversion works agreement within 30 days of the notice on such terms as may be agreed between them, and where a planning permission is still to be obtained for the diversion work, the Teesworks entity must use reasonable endeavours to obtain the planning permission in order that the diversion work can be carried out without delay to the undertakers’ programme for the construction of the authorised development.

281

(1) Subject to sub-paragraphs (2) and (3), if a diversion works agreement is not entered into within the 30 day period set out in paragraph 279 (or such longer period as may be agreed between the parties prior to the expiry of that 30 day period) the Teesworks entity or the undertaker may within 5 days of the end of that period refer the matter to arbitration under paragraph 285.

(2) If a diversion works agreement is not entered into within the 30 day period set out in paragraph 279 (or such longer period as may be agreed between the parties prior to the expiry of that 30 day period) because any planning permission required for the diversion work has still not been obtained, and in the reasonable opinion of the undertaker the planning permission is not likely to be obtained in order to allow the diversion work to be carried out without material delay to the undertaker’s programme, the undertaker may issue a notice to the Teesworks entity confirming that it is not entering into the diversion works agreement.

(3) A notice issued by the undertaker under sub-paragraph (2) shall have the same effect as a notice issued by the undertaker under paragraph 278.

282

If a reference is made to arbitration under paragraph 285 the arbitrator must determine whether the terms of the diversion works agreement can reasonably be in accordance with the diversion condition and if it can then the arbitrator must determine the terms of the diversion works agreement and which must be in accordance with the diversion condition.

283

Where the arbitrator determines that the terms of the diversion works agreement can be in accordance with the diversion condition the Teesworks entity and the undertaker must use best endeavours to enter into the diversion works agreement on the terms determined by the arbitrator within 10 days of the arbitrator’s decision.

284

If—

(a) a diversion works agreement is entered into within the 30 day period set out in paragraph 279; or

(b) a reference to arbitration is made in accordance with paragraph 285 and a diversion works agreement is entered into within the 10 day period in paragraph 282,

the undertaker must not exercise the identified powers in respect of the relevant proposed land.

285

(1) If—

(a) no diversion notice is issued by the Teesworks entity to the undertaker before the expiry of the period under paragraph 270;

(b) a diversion notice is issued by the Teesworks entity to the undertaker, the undertaker issues a notice not agreeing to the diversion work under paragraph 272(b), and no further diversion notice is issued by the Teesworks entity to the undertaker prior to the dates set out in paragraph 278;

(c) a diversion notice is issued by the Teesworks entity to the undertaker, the undertaker issues an information notice, and no further information is provided by the Teesworks entity to the undertaker prior to the dates set out in paragraph 277;

(d) paragraph 279 applies and the Teesworks entity and the undertaker do not enter into a diversion works agreement within the 30 day period set out in that paragraph and no reference to arbitration is made prior to the expiry of the period in paragraph 280;

(e) the arbitrator determines under paragraph 285 that the terms of the diversion works agreement cannot reasonably be in accordance with the diversion condition; or

(f) paragraph 282 applies and the Teesworks entity has not executed and unconditionally released for completion a diversion works agreement within the 10 day period set out in that paragraph,

the undertaker may exercise the identified powers in respect of the relevant proposed land in order to (as relevant) carry out, use, maintain, operate or decommission the relevant proposed work.

(2) For the avoidance of doubt, in circumstances where paragraph 284 applies, this does not obviate the need for the undertaker to comply with paragraphs 258 to 261... in respect of the relevant proposed work.

Arbitration

286

Any difference or dispute arising between the undertaker and the Teesworks entity under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and the Teesworks entity, be referred to and settled by arbitration in accordance with article 47 (arbitration).

Interpretation

287

Any reference to the Teesworks entity in this Part means the freehold owner of the relevant part of the Teesworks site.

288

Where a notice or information is provided by the undertaker to any of STDC, South Tees Developments Limited or Teesworks Limited under this Part, a copy of that notice or information must also be sent to the other parties.

PART 21 — FOR THE PROTECTION OF THE BREAGH PIPELINE OWNERS

289

For the protection of the Breagh Pipeline Owners, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the Breagh Pipeline Owners.

290

In this Part of this Schedule—

“Breagh Pipeline” means the twenty inch (20”) diameter pipeline and associated three inch (3”) monoethylene glycol pipeline and fibre-optic cable extending from the field known as the Breagh field located in UKCS blocks 42/12a and 42/13a to the onshore gas reception and processing terminal known as the Teesside Gas Processing Plant (located in Seal Sands, Teesside) owned by the Breagh Pipeline Owners and operated by the Breagh Pipeline Operator used at various times for the passage of natural gas and all ancillary apparatus including such works and apparatus properly appurtenant to the pipelines as are specified by section 65(2) (meaning of “pipe-line”) of the Pipe-lines Act 1962;

“Breagh Pipeline Operations” means the operations or property, including the leasehold interests, rights of access and easements relating to the construction and operation of the Breagh Pipeline, within the Order limits vested in the Breagh Pipeline Owners and/or the Breagh Pipeline Operator;

“Breagh Pipeline Operator” means the person, firm or company designated by the Breagh Pipeline Owners to operate the Breagh Pipeline on their behalf, being, at the date of this Order, INEOS UK SNS Limited (Company number 01021338) and including any successor or assign in such capacity;

“Breagh Pipeline Owners” means any company that owns the Breagh Pipeline being, at the date of this Order, INEOS UK SNS Limited (Company number 01021338) and ONE-DYAS UK LIMITED (Company number 03531783) whose registered address is Anchor House, 15-19 Britten Street, London SW3 3TY in respect of INEOS UK SNS Limited and 8th Floor 100 Bishopsgate, London EC2N 4AG in respect of ONE-DYAS UK LIMITED, and including any successors and assignees in such capacity; and

“works details” means—plans and sections;details of the proposed method of working and timing of execution of works;details of vehicle access routes for construction and operational traffic; andany further particulars provided in response to a request under paragraph 290.

291

Before commencing any part of the authorised development which would have an effect on the operation or maintenance of or access to the Breagh Pipeline or the Breagh Pipeline Operations, the undertaker must submit to the Breagh Pipeline Owners the works details for the proposed works and such further particulars as the Breagh Pipeline Owners may, within 28 days from the day on which the works details are submitted under this paragraph, reasonably require.

292

No works comprising any part of the authorised development which would have an effect on the operation or maintenance of or access to the Breagh Pipeline or the Breagh Pipeline Operations are to be commenced until the works details in respect of those works submitted under paragraph 290 have been approved by the Breagh Pipeline Owners.

293

(1) Any approval of the Breagh Pipeline Owners required under paragraph 291 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as the Breagh Pipeline Owners may require to be made for—

(a) the continuing safety and operational viability of the Breagh Pipeline; and

(b) the requirement for the Breagh Pipeline Owners to have—

(i) uninterrupted and unimpeded emergency access with or without vehicles to the Breagh Pipeline and the Breagh Pipeline Operations at all times; and

(ii) reasonable access with or without vehicles to inspect, repair, replace and maintain and ensure the continuing safety and operation or viability of the Breagh Pipeline and the Breagh Pipeline Operations.

(2) Where the Breagh Pipeline Owners can reasonably demonstrate that the authorised development will significantly adversely affect the safety of the Breagh Pipeline and the Breagh Pipeline Operations they are entitled to withhold their authorisation until the undertaker can demonstrate to the reasonable satisfaction of the Breagh Pipeline Owners that the authorised development will not significantly adversely affect the safety of the Breagh Pipeline and the Breagh Pipeline Operations.

(3) The authorised development must be carried out in accordance with the works details approved under paragraph 291 and any requirements imposed on the approval under sub-paragraph (1).

(4) Where there has been a reference to an arbitrator in accordance with paragraph 295 and the arbitrator gives approval for the works details, the authorised development must be carried out in accordance with the approval and conditions contained in the decision of the arbitrator under paragraph 295.

Compliance with requirements, etc. applying to the Breagh Pipeline and the Breagh Pipeline Operations

294

In undertaking any works in relation to the Breagh Pipeline and the Breagh Pipeline Operations or exercising any rights relating to or affecting the Breagh Pipeline and the Breagh Pipeline Operations, the undertaker must comply with such conditions, requirements or regulations relating to health, safety, security and welfare as are operated in relation to access to or activities in the Breagh Pipeline and the Breagh Pipeline Operations.

Indemnity

295

(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 290, any damage is caused to the Breagh Pipeline and the Breagh Pipeline Operations or there is any interruption in any service provided, or in the supply of any goods, by the Breagh Pipeline Owners, the undertaker must—

(a) bear and pay the cost reasonably incurred by the Breagh Pipeline Owners in making good such damage or restoring the supply; and

(b) make reasonable compensation to the Breagh Pipeline Owners for any other expenses, loss, damages, penalty or costs incurred by the Breagh Pipeline Owners, 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 the Breagh Pipeline Owners, its officers, employees, servants, contractors or agents; or

(b) any indirect or consequential loss or loss of profits by the Breagh Pipeline Owners.

(3) The Breagh Pipeline Owners 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) The Breagh Pipeline Owners must use their 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 294 applies. If requested to do so by the undertaker, the Breagh Pipeline Owners 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 294 for claims reasonably incurred by the Breagh Pipeline Owners.

Arbitration

296

Any difference or dispute arising between the undertaker and the Breagh Pipeline Owners under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and the Breagh Pipeline Owners, be referred to and settled by arbitration in accordance with article 47 (arbitration).

PART 22 — FOR THE PROTECTION OF TEESSIDE WINDFARM LIMITED

297

For the protection of Teesside Windfarm, the following provisions have effect, unless otherwise agreed in writing between the undertaker and Teesside Windfarm.

298

In this Part of this Schedule—

“restricted works” means works below mean high water springs forming part of the authorised development comprising Work No. 5B (a new water discharge pipeline to the Tees Bay in connection with Work No. 1) and Work No. 8 (high pressure carbon dioxide export pipeline corridor);

“restricted works considerations” means the following potential risks to the Teesside Windfarm operations associated with the restricted works—risks associated with vessels in close proximity to the Teesside Windfarm turbines;the risk of any explorations, geoscience activities or construction works including the drilling of bore holes damaging the Teesside Windfarm cable connection;impacts associated with changes to the seabed that may impact upon the foundation of the Teesside Windfarm turbines; andseismic effects that may impact upon the stability of the Teesside Windfarm turbines;

“Teesside Windfarm” means Teesside Windfarm Limited (Company number 06708759) of Alexander House, 1 Mandarin Road, Rainton Bridge Business Park, Houghton Le Spring, DH4 5RA and any successor in title or function to the Teesside Windfarm operations;

“the Teesside Windfarm operations” means the operations or property within the Order limits vested in Teesside Windfarm including the electric line (as defined in Part 1 of the 1989 Act) crossing the Order limits owned and operated by Teesside Windfarm used at various times for carrying electricity and all ancillary apparatus including such works and apparatus properly appurtenant to the electricity line; and

“works details” means—plans and sections;details of the proposed method of working and timing of execution of works;details of vehicle access routes for construction and operational traffic; andany further particulars provided in response to a request under paragraph 298.

299

Before commencing any part of the authorised development which would have an effect on the operation or maintenance of the Teesside Windfarm operations or access to them, or cross any infrastructure owned or operated by Teesside Windfarm, and before commencing the restricted works, the undertaker must submit to Teesside Windfarm the works details for the proposed works and such further particulars as Teesside Windfarm may, within 28 days from the day on which the works details are submitted under this paragraph, reasonably require.

300

Particularly in respect of the restricted works, the undertaker must have regard to the restricted works considerations entered into between the parties when preparing the works details in accordance with paragraph 298.

301

No works comprising any part of the authorised development which would have an effect on the operation or maintenance of the Teesside Windfarm operations or access to them, or cross any infrastructure owned or operated by Teesside Windfarm, or comprising the restricted works, are to be commenced until the works details in respect of those works submitted under paragraph 298 have been approved by Teesside Windfarm.

302

Any approval of Teesside Windfarm required under paragraph 300 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as Teesside Windfarm may require to be made for—

(a) the continuing safety, uninterrupted use and operational viability of the Teesside Windfarm operations; and

(b) the requirement for Teesside Windfarm to have reasonable access with or without vehicles to inspect, repair, replace and maintain and ensure the continuing safety uninterrupted use and operation or viability of the Teesside Windfarm operations.

303

(1) The authorised development must be carried out in accordance with the works details approved under paragraph 298 and any requirements imposed on the approval under paragraph 301.

(2) Where there has been a reference to an arbitrator in accordance with paragraph 304 and the arbitrator gives approval for the works details, the authorised development must be carried out in accordance with the approval and conditions contained in the decision of the arbitrator under paragraph 304.

Indemnity

304

(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 298, any damage is caused to the Teesside Windfarm operations, or there is any interruption in any service provided, or in the supply of any goods, by Teesside Windfarm, the undertaker must—

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

(b) make reasonable compensation to Teesside Windfarm for any other expenses, loss, damages, penalty or costs incurred by Teesside Windfarm, 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 any damage or interruption to the extent that it is attributable to the act, neglect or default of Teesside Windfarm, its officers, employees, servants, contractors or agents.

(3) Teesside Windfarm 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) If the Undertaker becomes responsible for a claim or demand pursuant to sub-paragraph (3) it must—

(a) keep Teesside Windfarm fully informed of the developments and material elements of the proceedings;

(b) take account of the views of Teesside Windfarm before taking any action in relation to the claim;

(c) not bring the name of the Teesside Windfarm on any related company into disrepute and act in an appropriate and professional manner when disputing any claim; and

(d) not pay or settle such claims without the prior written consent of Teesside Windfarm, such consent not to be unreasonably withheld or delayed.

(5) Teesside Windfarm must use their 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 303 applies. If requested to do so by the undertaker, Teesside Windfarm 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 303 for claims reasonably incurred by Teesside Windfarm.

Arbitration

305

Any difference or dispute arising between the undertaker and Teesside Windfarm under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and Teesside Windfarm, be referred to and settled by arbitration in accordance with article 47 (arbitration).

PART 23 — FOR THE PROTECTION OF HUNTSMAN POLYURETHANES (UK) LIMITED

Benefit of protective provisions

306

The following provisions of this Schedule have effect for the benefit of HPU, unless otherwise agreed between the undertaker and HPU.

Interpretation

307

In this Schedule—

“access roads” means the access roads within the Order limits giving access to pipelines or the protected crossing;

“affected assets” means—apparatus which would be physically affected by the relevant works;the protected crossing where relevant works are to be carried out within 25 metres of the protected crossing; andin relation to the exercise of an identified power, any apparatus in the protected land which would be affected by the exercise of that power;

“apparatus” means pipelines and cables owned or operated by HPU within the Order limits and includes—any structure existing at the time when a particular action is to be taken under this Part in which apparatus is or is to be lodged or which will give access to apparatus;any coating or special wrapping of the apparatus; andall ancillary apparatus properly appurtenant to the pipelines, that would be treated as being associated with a pipe or systems of pipes under section 65(2) of the Pipe-Lines Act 1962[^f00058] as if the pipelines were a “pipe-line” in section 65(1) of that Act;

“construction access plan” means a plan identifying how access will be maintained to apparatus the protected crossing and the North Tees Facilities during the proposed construction or maintenance work including—any restrictions on general access by HPU, including the timing of restrictions;any alternative accesses or routes of access that may be available to the undertaker using the access roads;details of how the needs and requirements of HPU (including their needs and requirements in relation to any major works that they have notified to the other operators of the protected land as at the date when the plan is published) have been taken into account in preparing the plan;details of how uninterrupted and unimpeded emergency access with or without vehicles will be provided at all times for HPU; anddetails of how reasonable access with or without vehicles will be retained or an alternative provided for HPU to inspect, repair, replace and maintain and ensure the continuing safety and operation or viability of the pipelines and the protected crossing;

“construction or maintenance works” means any works to construct, maintain, or decommission the authorised development;

“damage” includes all damage including in relation to a pipeline leakage and the weakening of the mechanical strength of a pipeline;

“engineer” means an engineer appointed by HPU for the purposes of this Order;

“HPU” means Huntsman Polyurethanes (UK) Limited (company number 03767067) whose registered office is Concordia House Glenarm Road, Wynyard Business Park, Billingham, United Kingdom, TS22 5FB;

“major works” means works by HPU requiring the closure, diversion or regulation of any roads serving the North Tees Facilities;

“North Tees Facilities” means the site of facilities at North Tees connected to or supplying HPU’s apparatus;

“operator” means any person who is responsible for the construction, operation, use, maintenance or renewal of any pipeline;

“owner” means—in relation to the pipeline corridor, any person—with an interest in a pipeline in the pipeline corridor;with rights in, on, under or over the pipeline corridor in respect of a pipeline; orwith a pipeline or proposed pipeline in, on, under or over the pipeline corridor;in relation to the access roads, any person—with an interest in the access roads; orwith private rights of way on or over the access roads;in relation to the protected crossing, any person—with an interest in the protected crossing;with rights in relation to the protected crossing; orwith pipelines in or comprising the protected crossing; andin relation to protected land means any person falling within paragraphs (a) to (c) above;

“pipeline corridor” means the land identified as the pipeline corridor on the Sembcorp Pipeline Corridor protective provisions supporting plans;

“pipelines” means any apparatus owned or operated by HPU located in the pipeline corridor or in or comprising the protected crossing at the time the pipeline survey is carried out or as may be added between the date of the pipeline survey and the commencement of the authorised development, providing that any such additions are notified to the undertaker as soon as reasonably practicable;

“pipeline survey” means a survey of the pipeline corridor and the protected crossing to establish (if not known)—the precise location of the pipelines and the protected crossing;the specification of the pipelines and protected crossing including, where relevant, their composition, diameter, pressure and the products they are used to convey; andany special requirements or conditions relating to the pipelines which differ from the requirements or conditions applying to standard pipelines of that type;

“protected crossing” means the tunnel which carries pipelines under the River Tees known as Tunnel 2;

“protected land” means such parts of the Order land as fall within—the access roads;the pipeline corridor; orthe protected crossing;

“relevant work” means a work which may have an effect on the operation, maintenance, abandonment of or access to any pipeline or the protected crossing;

“Sembcorp Pipeline Corridor protective provisions supporting plan” means the plan certified as the Sembcorp Pipeline Corridor protective provisions supporting plan by the Secretary of State under article 45 (certification of plans etc) for the purposes of this Order;

“specified persons” means the Operations Manager, Huntsman Polyurethanes, PO Box 99, Wilton, Redcar, TS10 4YA in relation to Huntsman Polyurethanes (UK) Limited, or such other person as they may notify to the undertaker in writing; and

“works details” means the following—a description of the proposed works together with plans and sections of the proposed works where such plans and sections are reasonably required to describe the works concerned or their location;details of methods and locations of any piling proposed to be undertaken under paragraph 314;details of methods of excavation and any zones of influence the undertaker has calculated under paragraph 315;details of methods and locations of any compaction of backfill proposed to be undertaken under paragraph 316;details of the location of any pipelines affected by the oversailing provisions in paragraph 317, including details of the proposed clearance;details of the method location and extent of any dredging, a technical assessment of the likely effect of the dredging on the protected crossing and any mitigation measures which are proposed to be put in place to prevent damage to the protected crossing;details of the undertaker and their principal contractors’ management of change procedures;details of the traffic management plan, which plan must include details of vehicle access routes for construction and operational traffic and which must assess the risk from vehicle movements and include safeguards to address identified risks;details of the lifting study during the construction phase, which must include a technical assessment of the protection of underground assets and which study must provide for individual lift plans;details of the lifting study during the operational phase, which must include a technical assessment of the protection of underground assets and which study must provide for individual lift plans;details of the emergency response plan as prepared in consultation with local emergency services and the pipeline operators; andany further particulars provided in accordance with paragraph 308(2).

Pipeline survey

308

(1) Before commencing any part of the authorised development in the pipeline corridor or which may affect a protected crossing the undertaker must—

(a) carry out and complete the pipeline survey; and

(b) comply with sub-paragraph (3) below.

(2) The pipeline survey must be undertaken by an appropriately qualified person with at least 10 years’ experience of such surveys.

(3) When the pipeline survey has been completed the undertaker must serve a copy of the pipeline survey on HPU and invite HPU to advise the undertaker within 28 days of receipt of the survey if HPU considers that the pipeline survey is incomplete or inaccurate and if so in what respect following which the undertaker must finalise its pipeline survey.

Authorisation of works details affecting pipelines or protected crossing

309

(1) Before commencing any part of a relevant work the undertaker must submit to HPU the works details in respect of any affected asset and obtain a written acknowledgement of receipt of those works details from the specified persons in relation to the affected asset concerned.

(2) The undertaker must as soon as reasonably practicable provide such further particulars as HPU may, within 30 days (or such longer period as is agreed between the parties) from the receipt of the works details under sub-paragraph (1), reasonably require.

310

No part of a relevant work is to be commenced until one of the following conditions has been satisfied—

(a) the works details supplied in respect of that relevant work under paragraph 308 have been authorised by HPU; or

(b) the works details supplied in respect of that relevant work under paragraph 308 have been authorised by an arbitrator under paragraph 311(2); or

311

(1) Any authorisation by HPU required under paragraph 309(a) must not be unreasonably withheld but may be given subject to such reasonable conditions as HPU may require to be made for—

(a) the continuing safety and operation or viability of the affected asset; and

(b) the requirement for HPU to have—

(i) uninterrupted and unimpeded emergency access with or without vehicles to the affected asset at all times; and

(ii) reasonable access with or without vehicles to inspect, repair, replace and maintain and ensure the continuing safety and operation or viability of the affected asset.

(2) The authorised development must be carried out in accordance with the works details authorised under paragraph 309 and any conditions imposed on the authorisation under sub-paragraph (1).

(3) Where there has been a reference to arbitration in accordance with paragraph 311(2) and the arbitrator gives authorisation, the authorised development must be carried out in accordance with the authorisation and conditions contained in the award of the arbitrator under paragraph 311(3).

312

(1) In the event that—

(a) no response has been received to the submission of the works details under paragraph 308 within 45 days of the undertaker obtaining a written acknowledgment of receipt from a specified person under paragraph 308(1) and no further particulars have been requested under paragraph 308(2); or

(b) authorisation has not been given within 30 days of the undertaker obtaining a written acknowledgment of receipt from a specified person of the further particulars supplied under paragraph 308(2),

approval of the works details is to be deemed to be given and the relevant works may commence.

(2) In the event that—

(a) the undertaker considers that HPU has unreasonably withheld its authorisation under paragraph 310(1); or

(b) the undertaker considers that HPU has given its authorisation under paragraph 310(1) subject to unreasonable conditions,

the undertaker may refer the matter to an arbitrator for determination under paragraph 330.

(3) Where the matter is referred to arbitration under sub-paragraph (2) the arbitrator is to determine whether or not authorisation should be given and, if so the conditions which should reasonably be attached to the authorisation under sub-paragraphs (a) and (b) of paragraph 311(1).

Notice of works

313

The undertaker must provide to HPU a minimum of 28 days’ notice prior to commencing any relevant work in order that an engineer can be made available to observe the relevant works and, when required, advise on the necessary safety precautions.

Further provisions about works

314

No explosives are to be used within the protected land.

315

(1) All piling within 1.5 metres of the centreline of a pipeline must be non-percussive.

(2) Where piling is required within 50 metres of the centreline of a pipeline or which could have an effect on the operation or maintenance of a pipeline or access to a pipeline, details of the proposed method for and location of the piling must be provided to HPU for approval in accordance with paragraph 308.

316

(1) Where excavation of trenches (including excavation by dredging) adjacent to a pipeline affects its support, the pipeline must be supported in a manner approved by HPU.

(2) Where the undertaker proposes to carry out excavations which might affect above ground structures such as pipeline supports in the pipeline corridor, the undertaker must calculate the zone of influence of those excavations and provide those calculations to HPU under paragraph 308.

317

(1) Where a trench is excavated across or parallel to the line of a pipeline, the backfill must be adequately compacted to prevent any settlement which could subsequently cause damage to the pipeline.

(2) Proposed methods and locations of compacting must be notified to HPU in accordance with paragraph 308.

(3) Compaction testing must be carried out once back filling is completed to establish whether the backfill has been adequately compacted as referred to in sub-paragraph (1) and what further works may be necessary, and the results of such testing must be supplied to HPU.

(4) Where it is shown by the testing under sub-paragraph (3) to be necessary, the undertaker must carry out further compaction testing under sub-paragraph (1) and sub-paragraphs (1), (2) and (3) continue to apply until such time as the backfill has been adequately compacted.

(5) In the event that it is necessary to provide permanent support to a pipeline which has been exposed over the length of the excavation before backfilling and reinstatement is carried out, the undertaker must pay to HPU a capitalised sum representing the increase of the costs (if any which may be expected to be reasonably incurred in maintaining, working and, when necessary, renewing any such alterations or additions.

(6) In the event of a dispute as to—

(a) whether or not backfill has been adequately compacted under sub-paragraphs (1) to (4); or

(b) the amount of any payment under sub-paragraph (5),

the undertaker or HPU may refer the matter for arbitration under paragraph 330.

318

(1) A minimum clearance of 1500 millimetres must be maintained between any part of the authorised development and any affected asset (whether that part of the authorised development is parallel to or crosses the pipeline) unless otherwise agreed with HPU.

(2) No manholes or chambers are to be built over or round the pipelines.

Monitoring for damage to pipelines

319

(1) When carrying out the relevant work the undertaker must monitor the relevant affected assets within the Order limits to establish whether damage has occurred.

(2) Where any damage occurs to an affected asset as a result of the relevant work, the undertaker must immediately cease all work in the vicinity of the damage and must notify HPU to enable repairs to be carried out to the reasonable satisfaction of HPU.

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The Net Zero Teesside Order 2024

Constructability Principles

235

Interface Design Process

236

Design Principles

237

Maintenance and Operational Principles

238

Miscellaneous provisions

239

Indemnity

240

Dispute Resolution

241

Article 47 (arbitration) does not apply to the provisions of this Part of this Schedule.

242

243

244

245

246

PART 19 — FOR THE PROTECTION OF SUEZ RECYCLING AND RECOVERY UK LIMITED

247

248

Consent under this Part

249

250

251

252

253

Co-operation

254

Indemnity

255

Arbitration

256

PART 20 — FOR THE PROTECTION OF SOUTH TEES DEVELOPMENT CORPORATION

257

258

Consent for works

259

260

261

262

263

Co-operation

264

265

266

Expenses

267

Indemnity

268

Provision for diversion works

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

Arbitration

286

Interpretation

287

288

PART 21 — FOR THE PROTECTION OF THE BREAGH PIPELINE OWNERS

289

290

Consent under this Part