The Net Zero Teesside Order 2024

• (c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

129

Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993.

130

The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent under article 8 (consent to transfer benefit of this Order) and any such notice must be given no later than 7 days before any such application is made and must describe or give (as appropriate)—

• (a) the nature of the application to be made;

• (b) the extent of the geographical area to which the application relates; and

• (c) the name and address of the person acting for the Secretary of State to whom the application is to be made.

131

The undertaker must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 45 (certification of plans etc.) are certified by the Secretary of State provide a set of those plans and documents to Network Rail in a format specified by Network Rail.

PART 12 — FOR THE PROTECTION OF NORTHERN POWERGRID (NORTHEAST) PLC

132

For the protection of Northern Powergrid (Northeast) Plc the following provisions have effect, unless otherwise agreed in writing between the undertaker and Northern Powergrid.

133

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable Northern Powergrid to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means electric lines or electrical plant (as defined in Part 1 of the 1989 Act), belonging to or maintained by Northern Powergrid and includes any structure in which apparatus is or is to be lodged or which gives or will gives access to Northern Powergrid to such apparatus;

• “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;

• “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed and shall include any measures proposed by the undertaker to ensure the grant of sufficient land or rights in land necessary to mitigate the impact of the works on the apparatus; and

• “Northern Powergrid” means Northern Powergrid (Northeast) Plc (Company number 02906593) whose registered office is at Lloyds Court, 78 Grey Street, Newcastle Upon Tyne, NE1 6AF.

134

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

135

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), Northern Powergrid 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.

136

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 of Northern Powergrid.

137

• (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 Northern Powergrid’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of Northern Powergrid 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 pursuant to a completed easement for a tenure no less than exists to the apparatus being relocated or diverted, all to the reasonable satisfaction of Northern Powergrid in accordance with sub-paragraphs (2) to (5).

• (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 Northern Powergrid 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 Northern Powergrid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to Northern Powergrid 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, Northern Powergrid must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably practicable and at the cost of the undertaker (subject to prior approval by the undertaker of its estimate of costs of doing so) 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 Northern Powergrid and the undertaker or in default of agreement settled by arbitration in accordance with paragraph 148.

• (5) Northern Powergrid must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with paragraph 148, and after the grant to Northern Powergrid 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.

138

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Northern Powergrid 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 Northern Powergrid or in default of agreement settled by arbitration in accordance with paragraph 148.

• (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 Northern Powergrid 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 Northern Powergrid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

139

• (1) Not less than ninety 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 136(2), the undertaker must submit to Northern Powergrid 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 Northern Powergrid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Northern Powergrid is entitled to watch and inspect the execution of those works.

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

• (4) If Northern Powergrid in accordance with sub-paragraph (3) 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 131 to 137> apply as if the removal of the apparatus had been required by the undertaker under paragraph 136(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 thirty-five 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 Northern Powergrid 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.

140

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to Northern Powergrid the reasonable expenses incurred by Northern Powergrid—

• (a) 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 136(2); and

• (b) in assessing and preparing a design for its apparatus to address and accommodate the proposals of the undertaker whether or not the undertaker proceeds to implement those proposals or alternative or none at all,

provided that if it so prefers Northern Powergrid may abandon apparatus that the undertaker does not seek to remove in accordance with paragraph 136(1) having first decommissioned such apparatus.

• (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 of this Schedule, that value being calculated after removal and for the avoidance of doubt, if the apparatus removed under the provisions of this Part of this Schedule has nil value, no sum will be deducted from the amount payable under sub-paragraph (1).

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

• (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 paragraph 148 to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule 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 Northern Powergrid 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 136(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 Northern Powergrid in respect of works by virtue of sub-paragraph (1), is to be reduced by the amount which represents that benefit if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on Northern Powergrid any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course.

141

• (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 136(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 Northern Powergrid, or there is any interruption in any service provided by Northern Powergrid, the undertaker must—

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

• (b) make reasonable compensation to Northern Powergrid for any other expenses, loss, damages, penalty or costs incurred by Northern Powergrid,

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 Northern Powergrid, its officers, employees, servants, contractors or agents.

• (3) Northern Powergrid 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) Northern Powergrid 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 140 applies. If requested to do so by the undertaker, Northern Powergrid 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 140 for claims reasonably incurred by Northern Powergrid.

142

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

143

Without prejudice to the generality of the protective provisions in this Part of this Schedule, Northern Powergrid must from time to time submit to the undertaker estimates of reasonable costs and expenses it expects to incur in relation to the implementation of any diversions or relocation of apparatus contemplated under this Part of this Schedule including without limitation—

• (a) in assessing and preparing a design for its apparatus to address and accommodate the proposals of the undertaker under paragraph 139;

• (b) costs incurred in fulfilling its obligations in paragraph 136(3);

• (c) fees incurred in settling and completing and registering any documentation to secure rights for its diverted or relocated apparatus; and

• (d) costs and expenses of contractors required to undertake any works for which Northern Powergrid is responsible and of purchasing the necessary cabling and associated apparatus,

provided that Northern Powergrid must use reasonable endeavours to minimise to a proper and reasonable level any charges, costs, fees and expenses to the extent that they are incurred.

144

Northern Powergrid and the undertaker must use their reasonable endeavours to agree the amount of any estimates submitted by Northern Powergrid under paragraph 142 within 15 working days following receipt of such estimates by the undertaker. The undertaker must confirm its agreement to the amount of such estimates in writing and must not unreasonably withhold or delay such agreement. If the parties are unable to agree the amount of an estimate, it will be dealt with in accordance with paragraph 148.

145

Work in relation to which an estimate is submitted must not be commenced by Northern Powergrid until that estimate is agreed with the undertaker in writing and a purchase order up to the value of the approved estimate has been issued by the undertaker to Northern Powergrid and an easement for the routes of the apparatus has been granted to Northern Powergrid pursuant to paragraph 136(1) for the benefit of its statutory undertaking.

146

If Northern Powergrid at any time becomes aware that an estimate agreed is likely to be exceeded, it must forthwith notify the undertaker and must submit a revised estimate of the relevant costs and expenses to the undertaker for agreement.

147

Northern Powergrid may from time to time and at least monthly from the date of this Order issue to the undertaker invoices for costs and expenses incurred up to the date of the relevant invoice, for the amount of the relevant estimate agreed. Invoices issued to the undertaker for payment must—

• (a) specify the approved purchase order number; and

• (b) be supported by timesheets and narratives that demonstrate that the work invoiced has been completed in accordance with the agreed estimate.

148

The undertaker is not responsible for meeting costs or expenses in excess of an agreed estimate, other than where agreed under paragraph 145 above or determined in accordance with paragraph 148.

149

Any difference under the provisions of this Part of this Schedule, unless otherwise provided for, is to 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 an independent electrical engineer by or on behalf of the President for the time being of the Institute of Engineering and Technology.

150

Prior to carrying out any works within the Order limits Northern Powergrid must give written notice of the proposed works to the undertaker, such notice to include full details of the location of the proposed works, their anticipated duration, access arrangements, depths of the works, and any other information that may impact upon the works consented by the Order.

PART 13 — FOR THE PROTECTION OF NPL WASTE MANAGEMENT LIMITED

151

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

152

In this Part of this Schedule—

• “NPL” means NPL Waste Management Limited (Company number 06112535) whose registered address is One St Peter’s Square, Manchester M2 3DE and any successor in title or function to the NPL access shafts;

• “NPL access shafts” means the shafts within plots 4 and 5 in the Order limits owned and operated by NPL for the purposes of accessing the Billingham Anhydrite Mine; 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 152.

Consent under this Part

153

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

154

No works comprising any part of the authorised development which would have an effect on the operation or maintenance of the NPL access shafts or access to them are to be commenced until the works details in respect of those works submitted under paragraph 152 have been approved by NPL.

155

Any approval of NPL required under paragraph 153 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as NPL may require to be made for NPL to have reasonable access with or without vehicles to inspect, repair, replace and maintain and ensure the continuing safety and operation of the NPL access shafts.

156

• (1) The authorised development must be carried out in accordance with the works details approved under paragraph 153 and any requirements imposed on the approval under paragraph 154.

• (2) Where there has been a reference to an arbitrator in accordance with paragraph 157 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 157.

Indemnity

157

• (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 152, any damage is caused to the NPL access shafts or property of NPL, or there is any interruption in any service provided, or in the supply of any goods, by NPL, the undertaker must—

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

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

• (3) NPL 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) NPL 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 156 applies. If requested to do so by the undertaker, NPL 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 156 for claims reasonably incurred by NPL.

Arbitration

158

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

PART 14 — FOR THE PROTECTION OF PD TEESPORT LIMITED

159

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

160

In this Part of this Schedule—

• “PD Teesport” means PD Teesport Limited (company number 02636007), whose registered address is 17-27 Queen’s Square, Middlesborough, TS2 1AH and any successor in title or function to the PD Teesport operations;

• “the PD Teesport operations” means the port operations or property (including all freehold, leasehold, easements, wayleaves, licences and other rights) vested in PD Teesport (or any related company whose assets or operations are impacted by the construction, maintenance and operation of the authorised development), including access to and from those operations or activities via Tees Dock Road and access, use and occupation of the Redcar Bulk Terminal as well as access over South Gare Road and Seal Sands Road;

• “road user(s)” means any person who has a—right to use Seal Sands Road or South Gare Road (including parties authorised by PD Teesport);need to use Seal Sands Road or South Gare Road to access property or facilities owned, operated or occupied by them; andneed to use Seal Sands Road or South Gare Road in connection with undertaking their business operations or statutory functions;

• “Seal Sands Road” means any part of Seal Sands Road within the Order limits;

• “South Gare Road” means any part of South Gare Road within the Order limits; 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 164.

Regulation of powers

161

The undertaker must not exercise the powers granted under this Order so as to hinder or prevent the operation or maintenance of the PD Teesport operations or access to them without the prior written consent of PD Teesport.

162

Any approval of PD Teesport required under paragraph 160 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as PD Teesport may require to be made in relation to—

• (a) the continuing safety, or operational activity of the PD Teesport operations;

• (b) ensuring that there is no commercial loss to PD Teesport; or

• (c) the requirement for PD Teesport (including its employees, agents, servants and contractors), any, tenants, licencees and occupiers on its land to have reasonable access to, occupation and use of the PD Teesport operations at all times.

Regulation of powers in relation to Seal Sands Road

163

The undertaker must not exercise the powers granted under this Order so as to hinder or prevent use of Seal Sands Road by PD Teesport and road users, such access to be along the existing highway route at Seal Sands Road.

Regulation of powers in relation to South Gare Road

164

The undertaker must not exercise the powers granted under this Order so as to hinder or prevent access via South Gare Road to South Gare by PD Teesport and road users, such access to be either along the existing highway route at South Gare Road, or such diversionary route as the undertaker may provide (provided that such alternative route is equally commodious).

Consent under this Part

165

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

166

No works comprising any part of the authorised development which may have an effect on the operation or maintenance of the PD Teesport operations or access to them are to be commenced until the works details in respect of those works submitted under paragraph 164 have been approved by PD Teesport.

167

Any approval of PD Teesport required under paragraph 165 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as PD Teesport may require to be made for—

• (a) the continuing safety, operational activity or business interests of the PD Teesport operations; and

• (b) the requirement for PD Teesport to have uninterrupted and unimpeded access (including river access) to PD Teesport operations at all times.

168

The authorised development must be carried out in accordance with the works details approved under paragraph 165 and any requirements imposed on the approval under paragraph 166.

169

Where there has been a reference to an arbitrator in accordance with paragraph 170 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 170.

Indemnity

170

• (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 164, any damage is caused to the PD Teesport operations, or there is any interruption in any service provided, or in the supply of any goods, by PD Teesport, the undertaker must—

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

• (b) indemnify PD Teesport for any other expenses, loss (including loss of profits), damages, penalty, claims, investigations, demands, charges, actions, notices, proceedings, orders, awards, judgments, damages, other liabilities and expenses (including legal fees, expenses and fines) or costs incurred of any kind or nature whatsoever by them, 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 PD Teesport , its officers, employees, servants, contractors or agents.

• (3) PD Teesport 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 PD Teesport fully informed of the developments and material elements of the proceedings;

• (b) take account of the views of PD Teesport before taking any action in relation to the claim;

• (c) not bring the name of the PD Teesport 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 PD Teesport, such consent not to be unreasonably withheld or delayed.

• (5) PD Teesport 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 169 applies. If requested to do so by the undertaker, PD Teesport 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 169 for claims reasonably incurred by PD Teesport.

Arbitration

171

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

PART 15 — FOR THE PROTECTION OF REDCAR BULK TERMINAL LIMITED

172

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

173

In this Part of this Schedule—

• “apparatus” means any mains, pipes, cables or other apparatus within the Order limits which provide water, electricity or electronic communications to the RBT operations together with any replacement of that apparatus pursuant to the Order;

• “alternative access” means appropriate alternative road or rail access which enables RBT to access the RBT operations and RBT site in a manner no less efficiently than previously by means of RBT’s existing road or rail accesses;

• “alternative apparatus” means appropriate alternative apparatus which enables water, electricity and electronic communications supply to be provided to the RBT operations in a manner no less efficiently than previously by existing apparatus;

• “offloading procedure” means the procedure whereby the undertaker, its employees, contractors or sub-contractors are offloading materials, plant or machinery required for the authorised development at the wharf within the RBT site, such procedure to commence when the undertaker, its employees, contractors or sub-contractors have commenced docking the relevant vessel at the wharf for the purposes of such offloading;

• “RBT” means Redcar Bulk Terminal Limited (Company number 07402297), whose registered address is Time Central, 32 Gallowgate, Newcastle Upon Tyne, Tyne and Wear, United Kingdom, NE1 4BF and any successor in title or function to the RBT operations;

• “the RBT operations” means the port business and other operations of RBT carried out upon the RBT site;

• “the RBT site” means land and property within the Order limits, vested in RBT; and

• “works details” means—plans and sections;details of the proposed method of working, management measures and locations on the RBT site;details of the timing of execution of works and any interference this may cause to the RBT operations;details of any management measures (including details of access routes for vehicles to undertake) that will be put in place to ensure that road and rail traffic is still able to access the RBT operations and the RBT site (unless it would be unsafe to do so in which case such details must provide details of how alternative access is to be provided);details of lifting and scheduling activities on the RBT site, including the programming and access requirements for any offloading procedures; andany further particulars provided in response to a request under paragraph 177.

Regulation of powers

174

The undertaker must not exercise the powers granted under this Order so as to hinder or prevent the RBT operations, or access to the RBT site without the prior written consent of RBT.

175

Any approval of RBT required under paragraph 173 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as RBT may require to be made for—

• (a) the continuing safety and operational viability of the RBT operations;

• (b) the avoidance of commercial losses to the RBT operations; and

• (c) the requirement for RBT to have reasonable access to the RBT operations and the RBT site at all times.

176

Without limiting paragraph 174, it is not reasonable for RBT to give approval pursuant to paragraph 174 subject to requirements which restrict or interfere with the undertaker’s access to the RBT site during an offloading procedure.

Interference with Apparatus and Access

177

• (1) If, in the exercise of the powers conferred by this Order, the undertaker requires that apparatus is removed, interrupted, severed or disconnected, that apparatus must not be removed, interrupted, severed or disconnected until details of the alternative apparatus have been approved by RBT and the alternative apparatus has been constructed at the undertaker’s cost and is in operation to the satisfaction of RBT.

• (2) The undertaker must ensure that RBT shall hold the same facilities and rights that it holds for the apparatus in respect of the alternative apparatus.

• (3) 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), the undertaker shall ensure that the party responsible for any apparatus 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.

• (4) The provisions of this paragraph do not apply to apparatus in respect of which the relations between the undertaker and the party responsible for the apparatus in question are regulated by the provisions of Part 3 (Street works in England and Wales) of the 1991 Act.

• (5) If the undertaker uses its powers under the Order to temporarily extinguish or permanently acquire any right of road or rail access which RBT benefits from the undertaker must provide at its own cost an alternative access prior to the extinguishment or acquisition of that right of access and ensure that RBT shall hold the equivalent rights for that access in respect of an alternative access.

Consent under this Part

178

Before commencing—

• (a) any part of the authorised development which would have an effect on the RBT operations or access to them; or

• (b) any activities on or to the RBT site,

the undertaker must submit to RBT the works details for the proposed works or activities and such further particulars as RBT may, not less than 28 days from the day on which the works details are submitted under this paragraph, reasonably require.

179

No—

• (a) works comprising any part of the authorised development which would have an effect on the RBT operations or access to them; or

• (b) activities on the RBT site,

are to be commenced until the works details in respect of those works or activities submitted under paragraph 177 have been approved by RBT.

180

Any approval of RBT required under paragraph 178 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as RBT may require to be made for—

• (a) the continuing safety and operational viability of the RBT operations;

• (b) the avoidance of commercial losses to the RBT operations; and

• (c) the requirement for RBT to have reasonable access to the RBT site at all times.

181

Without limiting paragraph 179, it is not reasonable for RBT to give approval pursuant to paragraph 179 subject to requirements which restrict or interfere with the undertaker’s access to the wharf and roadways within the RBT site during an offloading procedure.

182

• (1) The authorised development and activities on the wharf and roadways within the RBT site must be carried out in accordance with the works details approved under paragraph 178 and any requirements imposed on the approval under paragraph 179.

• (2) Where there has been a reference to an arbitrator in accordance with paragraph 185 and the arbitrator gives approval for the works details, the authorised development and activities on the wharf and roadways within the RBT site must be carried out in accordance with the approval and conditions contained in the decision of the arbitrator under paragraph 185.

Co-operation

183

Insofar as the construction of any part of the authorised development or activities on the wharf and roadways within the RBT site, and the operation or maintenance of the RBT operations or access to them would have an effect on each other, the undertaker and RBT must—

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

• (i) the co-ordination of activities and programming to allow the authorised development, the undertaker’s activities on the wharf and the roadways within the RBT site (including offloading procedures) and the RBT operations to continue;

• (ii) that reasonable access for the purposes of constructing the authorised development and the undertaker’s activities on the wharf and the roadways within the RBT site (including offloading procedures) is maintained for the undertaker, its employees, contractors and sub-contractors; and

• (iii) that operation of the RBT operations and access to the RBT site is maintained for RBT at all times; and

• (b) use reasonable endeavours to avoid any conflict arising from the carrying out of the RBT operations, the construction of the authorised development and the undertaker’s activities on the wharf and roadways within the RBT site (including offloading procedures).

184

The undertaker must pay to RBT—

• (a) a cost agreed with RBT for the daily use of the RBT site and RBT services in consequence of the construction of any works referred to in paragraph 177 and use of the RBT site by the undertaker; and

• (b) the reasonable costs and expenses incurred by RBT in connection with the approval of plans, inspection and approval of any works details.

Indemnity

185

• (1) Subject to sub-paragraphs (2) and (3) below, if by reason or in consequence of the construction of any of the works referred to in paragraph 177 or by the use of the RBT site by the undertaker any damage is caused to the RBT site (including the wharf, roadways, any RBT buildings, plant or machinery on the RBT site) or to the RBT operations, or there is any interruption in any service provided, or in the provision by RBT or denial of any services, or in any loss of service from apparatus that is affected by the authorised development the undertaker must—

• (a) bear and pay the cost reasonably incurred by RBT in making good such damage or restoring the provision by RBT of any services; and

• (b) make compensation to RBT for any other expenses, loss, damages, penalty or costs reasonably incurred by RBT (including, without limitation, all costs for the repair or replacement necessitated by physical damage), by reason or in consequence of any such damage or interruption or denial of any service provided by RBT.

• (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 RBT, its officers, employees, servants, contractors or agents.

• (3) RBT must give the undertaker reasonable notice of any claim or demand that has been made against it in respect of the matters in sub-paragraphs (1)(a) and (b) and no settlement or compromise of such a claim is to be made without the consent of the undertaker such consent not to be unreasonably withheld.

• (4) RBT 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 184 applies. If requested to do so by the undertaker, RBT must provide a reasonable 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 184 for claims reasonably incurred by RBT.

Arbitration

186

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

PART 16 — FOR THE PROTECTION OF SABIC PETROCHEMICALS UK LIMITED

Benefit of protective provisions

187

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

Interpretation

188

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 SABIC 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 1962⁵⁷ 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 SABIC, 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 SABIC (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 SABIC; anddetails of how reasonable access with or without vehicles will be retained or an alternative provided for SABIC 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 SABIC for the purposes of this Order;

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

• “North Tees Facilities” means the site at North Tees Works at which SABIC operates various facilities;

• “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 SABIC 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;any 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;

• “SABIC” means SABIC UK Petrochemicals Limited whose registered office is at Wilton Centre, Wilton, Redcar, Cleveland, TS10 4RF;

• “Sembcorp Pipeline Corridor protective provisions supporting plan” means the plan which is 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 Company Secretary , SABIC UK Petrochemicals Limited, Wilton Centre, Redcar, Cleveland, TS10 4RF in relation to SABIC UK Petrochemicals Limited, or such other person as they may notify to the undertaker in writing;

• “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 195;details of methods of excavation and any zones of influence the undertaker has calculated under paragraph 196;details of methods and locations of any compaction of backfill proposed to be undertaken under paragraph 197;details of the location of any pipelines affected by the oversailing provisions in paragraph 198, 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 189(2).

Pipeline survey

189

• (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 paragraph 189(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 SABIC and invite SABIC to advise the undertaker within 28 days of receipt of the survey if SABIC 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

190

• (1) Before commencing any part of a relevant work the undertaker must submit to SABIC 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 SABIC 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.

191

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 189 have been authorised by SABIC; or

• (b) the works details supplied in respect of that relevant work under paragraph 189 have been authorised by an arbitrator under paragraph 192(3); or

• (c) authorisation is deemed to have been given in accordance with paragraph 192(1).

192

• (1) Any authorisation by SABIC required under paragraph 190(a) must not be unreasonably withheld but may be given subject to such reasonable conditions as SABIC may require to be made for—

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

• (b) the requirement for SABIC 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 190 and any conditions imposed on the authorisation under paragraph 192(1).

• (3) Where there has been a reference to arbitration in accordance with paragraph 211 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 192(3).

193

• (1) In the event that—

• (a) no response has been received to the submission of the works details under paragraph 189 within 45 days of the undertaker obtaining a written acknowledgment of receipt from a specified person under paragraph 189(1)and no further particulars have been requested under paragraph 189(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 189(2),

Notice of works

194

The undertaker must provide to SABIC 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

195

No explosives are to be used within the protected land.

196

• (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 SABIC for approval in accordance with paragraph 189.

197

• (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 SABIC.

• (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 SABIC under paragraph 189.

198

• (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 SABIC in accordance with paragraph 189.

• (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 SABIC.

• (4) Where it is shown by the testing under sub-paragraph (3) to be necessary, the undertaker must carry out further compaction 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 SABIC 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),

199

• (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 SABIC.

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

Monitoring for damage to pipelines

200

• (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 SABIC to enable repairs to be carried out to the reasonable satisfaction of SABIC.

• (3) If damage has occurred to an affected asset as a result of relevant work the undertaker will, at the request and election of SABIC—

• (a) afford SABIC all reasonable facilities to enable it to fully and properly repair and test the affected asset and pay to SABIC its costs incurred in doing so including the costs of testing the effectiveness of the repairs and any further works or testing shown by that testing to be reasonably necessary; or

• (b) fully and properly repair the affected asset as soon as reasonably practicable, in which case the repairs must be properly tested by the undertaker and be shown to the satisfaction of SABIC to have effectively repaired the affected asset before any backfilling takes place.

• (4) Where testing has taken place under sub-paragraph (3)(b), the undertaker must (except where SABIC agrees otherwise in writing) provide it with a copy of the results of such testing prior to any backfilling.

• (5) Following the completion of a relevant work if damage is found to have occurred to an affected asset as a result of the relevant work, sub-paragraphs (2) to (4) of this paragraph apply to that damage.

• (6) In the event that the undertaker does not carry out necessary remedial work in a timely manner then SABIC is entitled, but not obliged, to undertake the necessary remedial work and recover the cost of doing so from the undertaker.

201

• (1) If any damage occurs to a pipeline causing a leakage or escape from a pipeline, all work in the vicinity must cease and SABIC must be notified immediately.

• (2) Where there is leakage or escape of gas or any other substance, the undertaker must immediately—

• (a) remove all personnel from the immediate vicinity of the leak;

• (b) inform SABIC;

• (c) prevent any approach by the public, extinguish all naked flames and other sources of ignition for at least 350 metres from the leakage; and

• (d) assist emergency services as may be requested.

Compliance with requirements, etc. applying to the protected land

202

• (1) Subject to sub-paragraph (2), in undertaking any works in relation to the protected land or exercising any rights relating to or affecting owners of the protected land, 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 protected land.

• (2) The undertaker is not bound by any condition, requirement or regulation that is—

• (a) introduced after the date on which notice of the works was given under paragraph 193; or

• (b) determined by arbitration following a determination under paragraph 211 to unreasonably—

• (i) create significant engineering, technical or programming difficulties; or

• (ii) materially increase the cost of carrying out the works.

• (3) Sub-paragraph (2) does not apply if the condition, requirement or regulation was introduced by way of legislation, direction or policy of the government, a relevant government agency, a local authority (exercising its public functions) or the police.

Access for construction and maintenance

203

• (1) Before carrying out any construction or maintenance works affecting SABIC’s access rights over the access roads, the undertaker must prepare a draft construction access plan and consult on the draft construction access plan with SABIC.

• (2) The undertaker must take account of the responses to any consultation referred to in sub-paragraph (1) before approving the construction access plan.

204

• (1) In preparing a construction access plan under paragraph 202 the undertaker must—

• (a) establish the programme for SABIC’s major works in the pipeline corridor and the North Tees Facilities and plan the construction or maintenance works to prevent or (if such conflict cannot be reasonably prevented) to minimise any conflict between the construction or maintenance works and the programmed major works; and

• (b) establish where SABIC’s access to the protected land, or any pipeline or the North Tees Facilities has a reasonable expectation to exercise access rights over particular access roads in respect of which rights are proposed to be restricted or extinguished, establish the purpose of that expectation and provide an alternative or replacement means of access whereby that expectation can be met.

• (2) Where a reference is made to arbitration under paragraph 211 in relation to any disagreement about a construction access plan the arbitrator must have regard to—

• (a) whether major works were, at the date of the consultation already programmed to take place;

• (b) the extent to which the authorised development can be accommodated simultaneously with the programmed major works;

• (c) the usual practice in respect of conditions or requirements subject to which authorisation to close or divert the access roads is given by the owner of the access roads;

• (d) the undertaker’s programme in respect of the authorised development and the extent to which it is reasonable for it to carry out the authorised development at a different time;

• (e) the availability (or non-availability) of other times during which the authorised development could be carried out;

• (f) the programme in respect of the major works and the extent to which it is reasonable for SABIC to carry out the major works at a different time; and

• (g) the financial consequences of the decision on the undertaker and on SABIC.

• (3) In this paragraph, “programmed”, in relation to works, means works in respect of which the owner of the access roads has been notified of the specific dates between which the works are programmed to be carried out provided that the period covered by such dates must be length of time the works are programmed to be carried out and not a period within part of which the works are to be carried out.

205

• (1) No works affecting access rights over the access roads are to commence until 30 days after a copy of the approved construction access plan is served on SABIC.

• (2) Where SABIC or the undertaker refers the construction access plan to arbitration for determination under paragraph 211, no works affecting access rights over the access roads may commence until that determination has been provided.

• (3) In carrying out construction or maintenance works the undertaker must at all times comply with the construction access plan.

Insurance

206

• (1) Before carrying out any part of the authorised development affecting SABIC, the undertaker (or any contractor carrying out such works on behalf of the undertaker) must put in place a policy of insurance with a reputable insurer with the terms, cover and level of cover as may be agreed in writing between the undertaker and SABIC, and evidence of that insurance must be provided on request to SABIC.

• (2) Not less than 30 days before carrying out any part of the authorised development on the protected land or before proposing to change the terms of the insurance policy, the undertaker must notify SABIC of details of the terms or cover of the insurance policy that it proposes to put in place, including the proposed level of the cover to be provided.