The undertaker must ensure that a copy of this Schedule...
- Provide Schedule to vessel masters and keep copy on board
UK Statutory Instrument
2016
United Kingdom
The York Potash Harbour Facilities Order 2016
At a glance
What's here
3 compliance obligations
Who this Act binds
Plus 1 non-business duty on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 202 other Schedules — structural / supplementary
Time limits
Archaeology
Decommissioning
Stages of the development and design approval
(1) No part of phase 2 is to commence until...
The authorised development must be carried out in accordance with...
Highway access
Construction Environmental Management Plan
Construction Traffic Management Plan
Flood warning and ground gas monitoring
Ecology
Compensation enactments
(1) Without limitation on the scope of paragraph 1, the...
Application of the 1965 Act
For Section 7 of the 1965 Act (measure of compensation)...
For section 8 of the 1965 Act (provisions as to...
The following provisions of the 1965 Act (which state the...
Section 11 (powers of entry) of the 1965 Act is...
Section 20 (protection for interests of tenants at will etc.)...
Section 22 (interests omitted from purchase) of the 1965 Act...
Addresses and Undertaker
The MMO must be notified by the undertaker at least...
The undertaker must ensure that the MMO District Marine Office...
The MMO must be notified by the undertaker in writing...
The undertaker must ensure that a copy of this Schedule...
The undertaker must ensure that the names of vessels to...
The undertaker must ensure that a Notice to Mariners is...
Project wide conditions
(1) The undertaker must only work and access the licensed...
All construction phase activities must be carried out in accordance...
For the purpose of constructing and maintaining the authorised development...
The undertaker must ensure that any coatings and treatments used...
The undertaker must ensure that all materials used in construction...
The undertaker must ensure that during the licensed activity all...
The undertaker must ensure that no waste concrete slurry or...
Concrete and cement mixing and washing areas must be contained...
The undertaker must install bunding and storage facilities to contain...
The undertaker must ensure that any oil, fuel or chemical...
The undertaker must ensure that the maintenance of plant, including...
A spill kit (including booms for potential leaks directly into...
The undertaker must ensure that any equipment, temporary structures, waste...
Construction of the quay
Piling conditions
The undertaker must ensure the implementation of a minimum of...
The undertaker must ensure that acoustic barriers are positioned—
The undertaker must ensure that no piling is undertaken for...
Capital dredging, disposal conditions and debris
The undertaker must ensure that as a result of the...
(1) The undertaker must ensure that certified returns of quantities...
The undertaker must ensure that any man-made material is separated...
If disposal of material is found to be the cause...
If due to stress of weather or any other cause...
Open quay structure
At least 10 working days before commencement of the licensed...
The audit sheet must be maintained throughout the construction of...
In the event that the MMO becomes aware that any...
As an alternative to the completion of an audit sheet,...
The undertaker must agree with the MMO, before commencement of...
The undertaker must, at least 4 months before the completion...
An update to the post construction maintenance schedule must be...
Maintenance must be carried out in accordance with the approved...
Lagoon Habitat Enhancement Works
Progress of licensed activities
Solid quay structure
Decommissioning
Archaeology
Capital dredging and disposal
Lagoon habitat enhancement
Any breach of this Schedule does not constitute a breach...
General conditions
The following provisions of this Schedule have effect, unless otherwise...
The undertaker must repay to Network Rail all reasonable fees,...
(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...
If at any time after the completion of a specified...
The undertaker must not provide any illumination or illuminated sign...
Any additional expenses which Network Rail may reasonably incur in...
(1) The undertaker must pay to Network Rail all reasonable...
Network Rail must, on receipt of a request from the...
In the assessment of any sums payable to Network Rail...
The undertaker and Network Rail may, subject in the case...
Nothing in this Order, or in any enactment incorporated with...
In this Schedule— “construction” includes execution, placing, alteration and reconstruction...
The undertaker must give written notice to Network Rail if...
The undertaker must no later than 28 days from the...
(1) Where under this Schedule Network Rail is required to...
(1) The undertaker must not exercise the powers conferred by...
(1) The undertaker must before commencing construction of any specified...
(1) Any specified work and any protective works to be...
The undertaker must— (a) at all times afford reasonable facilities...
Network Rail must at all times afford reasonable facilities to...
(1) If any permanent or temporary alterations or additions to...
Application
Ground subsidence monitoring scheme in respect of National Grid’s apparatus
Enactments and agreements
Co-operation
Access
Arbitration
Approval of Requirements
Interpretation
Except for paragraphs 7 (retained apparatus: protection) and 8 (expenses)...
Acquisition of land
Removal of apparatus
Facilities and rights for alternative apparatus
Retained apparatus: protection
Expenses
Indemnity
Benefit of protective provisions
(1) Where temporary crossings for construction traffic are to be...
During construction, an area equivalent to the easement widths of...
No explosives are to be used within the protected land....
(1) There must be no lifting over any exposed sections...
(1) Where piling is required within 50 metres of the...
(1) Where excavation of trenches (including excavation by dredging) adjacent...
(1) Where a trench is excavated across or parallel to...
(1) A minimum clearance of 1500 millimetres must be maintained...
Monitoring for damage to pipelines
(1) If any damage occurs to a pipeline causing a...
Interpretation
Compliance with requirements, etc. applying to the protected land
Access for construction and maintenance
(1) In preparing a construction access plan under paragraph 21...
(1) No works affecting access rights over the access roads...
Restriction on exercising powers
(1) The undertaker must not exercise the powers conferred by...
Insurance
(1) If an owner of the protected land or operator...
Costs
Further protection in relation to the exercise of powers under the Order
Pipeline survey
The undertaker must give written notice to the owners of...
The undertaker must, when requested to do so by an...
The authorised development must be carried out in accordance with...
Prior to the commencement of the authorised development the undertaker...
Expert determination
Authorisation of works details affecting pipelines or protected crossings
No part of a relevant work is to be commenced...
(1) Any authorisation by the owner or operator of an...
(1) In the event that— (a) no response has been...
Notice of works
Further provisions about works
The following provisions of this Part of this Schedule have...
(1) If any permanent or temporary alterations or additions to...
The undertaker must repay to the protected asset owner all...
If at any time after the completion of a specified...
The undertaker must not provide any illumination or illuminated sign...
Any additional expenses which a protected asset owner may reasonably...
The protected asset owner must, on receipt of a request...
In the assessment of any sums payable to the protected...
The undertaker and the protected asset owner may (at their...
The undertaker must give written notice to the protected asset...
The undertaker, no later than 28 days from the date...
In this Part of this Schedule— “construction” includes execution, placing,...
(1) The plans and construction methodology submitted for approval under...
(1) Any dispute under this Schedule is to be determined...
The following provisions of this Part of this Schedule have...
(1) The undertaker must not commence the construction of any...
Where under this Part of this Schedule a protected asset...
(1) The undertaker must not in the exercise of the...
(1) Before carrying out any works on any part of...
If a protected asset owner notifies the undertaker that it...
(1) The undertaker must before commencing construction of any specified...
(1) Any specified work, when commenced, must so far as...
The undertaker must— (a) at all times afford reasonable facilities...
Interpretation
Discharges, etc.
The undertaker must not, in exercise of the powers conferred...
Obstruction in river
Removal etc. of the Tees Port Authority moorings and buoys
Navigational lights, buoys, etc.
Removal of temporary works
Protective action
Abandoned or decayed works
Facilities for navigation
Survey of riverbed
General
Sedimentation, etc.: remedial action
Entry for survey, etc.
Operating procedures
Indemnity
Statutory functions
Savings
Transfer of benefit of Order
Notices
Disputes
Location of tidal works
Tidal works: consultation and approval
If the Secretary of State, the MMO or the local...
On receipt of any approval or agreement by the Secretary...
Construction of tidal works
The undertaker must at all reasonable times during construction of...
The construction, and any operations for the construction, of any...
Interpretation
Indemnity
Dispute resolution
The following definitions apply in this Part of this Schedule—...
Consent to works in the shared area
Co-operation
Regulation of works within the shared area
Regulation of powers over the shared area
Constructability Principles
Interface Design Process
Miscellaneous provisions
Consent to transfer benefit of Order
- Notify MMO within 7 days of transferring or granting harbour facilities benefits
Authority to survey and investigate the land
Other duties (1) — Crown / regulator
- Notice required before entering land for survey work Crown / Minister / Government department
Browse 40 other sections — procedural / definitional / commencement
Citation
Interpretation
Development consent etc. granted by the Order
Parameters of authorised development
Maintenance of authorised development
Provision of works
Benefit of Order
Application and modification of legislative provisions
Street works
Temporary stopping up of streets
Access to works
Agreements with highway authority
Discharge of water
Protective work to buildings
Tidal works not to be executed without approval of Secretary of State
Abatement of works abandoned or decayed
Lights on tidal works etc. during construction
Provision against danger to navigation
Permanent lights on tidal works
Power to charge
Guarantees in respect of payment of compensation
Compulsory and other acquisition of rights
Power to override easements and other rights
Compulsory acquisition of land – incorporation of the mineral code
Time limit for exercise of authority to acquire land and rights compulsorily
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
Rights under or over streets
Temporary use of land
Deemed marine licence
Operational land for purposes of the 1990 Act
Defences to proceedings
Protection of interests
Saving for Trinity House
Crown Rights
Approvals pursuant to requirements etc.
Certification of plans etc.
Service of Notices
Arbitration
Nationally Significant Infrastructure Project
Associated Development
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