The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022

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Site security

• Submit and maintain site security scheme before operation Any Person

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Fire prevention

• Submit and implement fire appliance access plans for approval Statutory Undertaker

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Surface water drainage

• Submit and implement approved surface water drainage plans Statutory Undertaker

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Foul water drainage

• Submit and implement approved foul water drainage plans Statutory Undertaker

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Flood risk mitigation

Other duties (1) — Crown / regulator

• Submit and implement flood risk mitigation schemes before construction and operation Crown / Minister / Government department

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Contaminated land and groundwater

• Submit and implement approved contamination remediation scheme Statutory Undertaker

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Archaeology

• Submit and follow archaeological investigation scheme before construction Contractor

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Construction environmental management plan

• Submit and follow a construction environmental management plan Statutory Undertaker

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Protection of highway surfaces

• Submit highway condition survey details and carry out repairs as approved Statutory Undertaker

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Temporary haul road (traffic management and protection)

• Maintain temporary haul road and implement traffic management for abnormal loads Statutory Undertaker

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Commencement of the authorised development

• Commence development within 7 years and notify planning authority 14 days before Statutory Undertaker

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Temporary haul road (biodiversity protection)

• Carry out Work No. 10A with biodiversity measures and submit ecologist's report Statutory Undertaker

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Temporary haul road (removal and restoration)

• Remove temporary haul road and restore site after commissioning Statutory Undertaker

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Pilfrey laydown (design)

• Retain and maintain the Pilfrey laydown area in accordance with the approved plans Statutory Undertaker

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Pilfrey laydown (removal and restoration)

• Remove Pilfrey laydown and restore land within 3 months after commissioning Statutory Undertaker

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Construction hours

• Comply with construction hours and delivery restrictions Statutory Undertaker

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Control of noise and vibration - construction

• Submit and implement a noise and vibration control scheme for construction Statutory Undertaker

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Control of noise - operation

• Submit and implement a noise management scheme before commercial operation Statutory Undertaker

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Notice of commencement and completion of commissioning

• Notify planning authority of commissioning start and completion Statutory Undertaker

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Piling and penetrative foundation design

• Submit and follow approved piling and foundation design method statement Statutory Undertaker

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Restoration of land used temporarily for construction

• Submit restoration scheme and restore land used temporarily for construction Statutory Undertaker

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Combined heat and power

• Design for and review heat export opportunities Statutory Undertaker

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Carbon capture and compression plant

• Keep land available for carbon capture pipeline and infrastructure Statutory Undertaker

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Aviation warning lighting

• Submit aviation warning lighting details and obtain approval before construction Statutory Undertaker

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Air safety

• Submit site heights and crane details for aviation charting before starting construction Statutory Undertaker

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Employment, skills and training plan

• Submit and implement an employment and skills plan for local residents Client

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Decommissioning

• Submit decommissioning environmental management plan for approval Statutory Undertaker

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Requirement for written approval

Other duties (1) — Crown / regulator

• Relevant planning authority or other person must give approvals in writing Local authority

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Notice of commencement of commercial use

• Notify planning authority before or within 14 days of starting commercial use Statutory Undertaker

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Amendments agreed by the relevant planning authority

Other duties (1) — Crown / regulator

• Relevant planning authority must ensure non-material amendments agreed for Keadby 3 do not cause new environmental effects Local authority

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Detailed design

• Submit detailed design plans for approval before starting construction Statutory Undertaker

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Landscaping and biodiversity protection management and enhancement

• Submit and implement landscaping and biodiversity plans for the development Statutory Undertaker

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Highway accesses

• Get highway access designs approved before starting construction Statutory Undertaker

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Means of enclosure

• Submit and implement plans for site fencing, keep sites secure, and maintain permanent fencing Any Person

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PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Other duties (1) — Crown / regulator

• Local planning authority must decide on 'Requirement' applications within 8 weeks Local authority

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Applications made under Requirements

Other duties (1) — Crown / regulator

• Local planning authority must decide your application within 8 weeks or it is deemed granted Local authority

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Further information and consultation

Other duties (1) — Crown / regulator

• Planning authority must request further information or consult within statutory deadlines Local authority

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Appeals

Other duties (1) — Crown / regulator

• Planning authority appeals process Crown / Minister / Government department

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Retained apparatus: protection of gas undertaker

• Submit plans to National Grid before starting gas pipeline works Statutory Undertaker

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(1) Subject to sub-paragraphs (2) and (3), if by reason...

• Pay costs and indemnify Northern Powergrid for damage caused by your works Statutory Undertaker

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Where in consequence of the proposed construction of any of...

• Co-ordinate works safely and co-operate with Northern Powergrid Statutory Undertaker

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If in consequence of an agreement reached in accordance with...

• Provide alternative access to Northern Powergrid's apparatus if obstructed Statutory Undertaker

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The plans submitted to Northern Powergrid by the undertaker pursuant...

• Submit plans to Northern Powergrid at the correct address Statutory Undertaker

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Indemnity

• Indemnify National Grid and provide security before construction Statutory Undertaker

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Co-operation

• Co-ordinate construction works with National Grid for safety and efficiency Statutory Undertaker

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Access

• Provide alternative access to National Grid apparatus if obstructed Statutory Undertaker

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Notices

• Send plans to National Grid via specified email address Statutory Undertaker

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Powers requiring the Canal and River Trust’s consent

• Obtain Canal and River Trust consent before interfering with the waterway Statutory Undertaker

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Fencing

• Install fencing where the engineer requires it Statutory Undertaker

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Approval of plans, protective works etc.

• Get Canal and River Trust approval for construction plans before starting work Statutory Undertaker

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Design of works

• Consult and collaborate with Canal and River Trust on design and environmental effects Statutory Undertaker

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Notice of works

• Give 30 days' notice of works to the engineer Statutory Undertaker

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Lighting

• Provide temporary and signal lighting for navigation safety during works Statutory Undertaker

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Prevention of pollution

• Prevent pollution of the waterway during construction Statutory Undertaker

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Access to work – provision of information

• Allow engineer access to works and provide construction information Statutory Undertaker

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Alterations to the waterway

• Pay costs of waterway alterations required due to construction Statutory Undertaker

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Maintenance of works

• Maintain works to prevent detriment on notice from Canal and River Trust Statutory Undertaker

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Repayment of the Canal and River Trust’s fees, etc.

• Repay Canal and River Trust’s fees for protective works and supervision Statutory Undertaker

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Regardless of any provision in this Order or anything shown...

• Do not acquire apparatus without reaching agreement Statutory Undertaker

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(1) If, in the exercise of the powers conferred by...

• Do not remove utility apparatus until alternative is provided and operational Statutory Undertaker

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Apparatus of National Grid in stopped up streets

• Grant legal easements to National Grid before permanently stopping up a street Statutory Undertaker

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(1) Where, in accordance with the provisions of this Part,...

• Provide alternative apparatus facilities on agreed or arbitrated terms Statutory Undertaker

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(1) Not less than twenty-eight days before starting the execution...

• Submit works plans to utility companies before starting construction near their apparatus Statutory Undertaker

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(1) Subject to the following provisions of this paragraph, the...

• Pay utility companies for work caused by your construction Statutory Undertaker

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(1) Subject to sub-paragraphs (2) and (3), if by reason...

• Pay utility costs for damage or interruption caused by your construction work Statutory Undertaker

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(1) Subject to sub-paragraphs (2) to (4), if as the...

• Pay compensation for damage to electronic communications apparatus Statutory Undertaker

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Protective works to buildings

• Do not obstruct National Grid's apparatus and pay for any damage caused Statutory Undertaker

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(1) Where under this Part of this Schedule Network Rail...

• Network Rail must co-operate to avoid delays and resolve procedure conflicts Any Person

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(1) The undertaker must not exercise the powers conferred by—...

• Do not exercise powers over railway property without Network Rail's consent Statutory Undertaker

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(1) The undertaker must, before commencing construction of any specified...

• Submit construction plans to Network Rail for approval before starting work Statutory Undertaker

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The undertaker must— (a) at all times afford reasonable facilities...

• Provide access and information to the engineer during construction Statutory Undertaker

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Network Rail must at all times afford reasonable facilities to...

Other duties (1) — Crown / regulator

• Network Rail must provide access and information to the undertaker Statutory regulator

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(1) If any permanent or temporary alterations or additions to...

• Pay Network Rail for alterations needed to protect railway safety Statutory Undertaker

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The undertaker must repay to Network Rail all reasonable fees,...

• Repay Network Rail's reasonable costs for specified works and protective measures Statutory Undertaker

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If at any time after the completion of a specified...

• Maintain specified works to avoid adversely affecting railway property Statutory Undertaker

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The undertaker must not provide any illumination or illuminated sign...

• Consult Network Rail before installing any illumination or sign near their railway Statutory Undertaker

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Network Rail must, on receipt of a request from the...

Other duties (1) — Crown / regulator

• Network Rail must provide cost estimates on request Statutory regulator

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In the assessment of any sums payable to Network Rail...

• Ignore inflated Network Rail claims caused by unnecessary actions Statutory Undertaker

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The undertaker must give written notice to Network Rail if...

• Notify Network Rail before transferring the Order’s benefits Statutory Undertaker

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Removal of apparatus

• Do not remove National Grid apparatus until replacement is live Statutory Undertaker

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The undertaker must no later than 28 days from the...

• Provide certified plans to Network Rail within 28 days Statutory Undertaker

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The undertaker hereby agrees not to exercise its powers under...

• Do not exercise Order powers without full compliance with this Part Statutory Undertaker

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Interaction with the NGC Pipeline Network

• Use reasonable endeavours to avoid conflict with the NGC Pipeline Network Statutory Undertaker

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Carbon dioxide export connections works

• Do not carry out Work No.7B without National Grid's agreement Statutory Undertaker

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Without limiting any other provision of this Order, where NGC...

• Use reasonable endeavours to coordinate NGC's Work No.7B with the authorised development Statutory Undertaker

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(1) Before beginning to construct any carbon dioxide export connection...

• Submit plans to NGC before building CO2 export connection Statutory Undertaker

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Facilities and rights for alternative apparatus

• Provide alternative apparatus rights no less favourable to National Grid Statutory Undertaker

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(1) Any approval of NGC required under this Schedule—

• NGC must respond to approval requests within 56 days and not unreasonably withhold Any Person

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(1) The undertaker must give to NGC not less than...

• Notify NGC before and after starting CO₂ export connection construction Statutory Undertaker

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Acquisition of land

• You must not take NGC's land rights without their agreement Statutory Undertaker

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Protective works to buildings

• Do not obstruct access to NGC apparatus or pipeline sites Statutory Undertaker

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Removal of NGC apparatus

• Do not remove NGC apparatus until alternative supply is operational Statutory Undertaker

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Specified works plan approval

• Submit and follow approved plans for works near NGC pipelines Statutory Undertaker

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(1) Subject to sub-paragraph (5), any specified work, and all...

• Construct specified works to NGC's satisfaction and in accordance with approved plans Statutory Undertaker

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Expenses and costs

• Repay NGC's reasonable expenses for apparatus protection and carbon dioxide export works Statutory Undertaker

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Retained apparatus: protection of electricity undertaker

• Get National Grid approval for construction near their apparatus Statutory Undertaker

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Indemnity

• Indemnify NGC for damage or supply interruptions caused by construction works Statutory Undertaker

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Co-operation

• Coordinate works with NGC for safety and efficiency Statutory Undertaker

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Regardless of any provision in this Order or anything shown...

• Obtain Northern Powergrid's agreement before acquiring their apparatus or overriding their interests Statutory Undertaker

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(1) If, in the exercise of the powers conferred by...

• Ensure alternative apparatus for Northern Powergrid before removing existing cables Statutory Undertaker

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(1) Where, in accordance with the provisions of this Part...

• Grant alternative apparatus facilities to Northern Powergrid on agreed terms Statutory Undertaker

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(1) Not less than 48 days before starting the execution...

• Submit works plans to Northern Powergrid before starting near their apparatus Statutory Undertaker

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DESIGN PARAMETERS

• Comply with maximum building and structure dimensions Statutory Undertaker

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The undertaker must notify the MMO in writing of any...

• Notify MMO of agents, contractors or subcontractors carrying out licensed activities Statutory Undertaker

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The undertaker must notify the MMO in writing of any...

• Notify MMO of vessels carrying out licensed activities Statutory Undertaker

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During Construction, Operation and Maintenance

• Ensure marine-suitable coatings and treatments used per HSE or EA guidelines Statutory Undertaker

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The undertaker must not discharge waste concrete slurry or wash...

• Prevent concrete and cement pollution entering the river Statutory Undertaker

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During licensed activities all wastes must be stored in designated...

• Store all wastes in designated, isolated, bunded areas during licensed activities Statutory Undertaker

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(1) Vibratory piling must be used as standard, with percussive...

• Use vibratory piling as standard with soft-start for percussive piling Statutory Undertaker

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Piling must not be undertaken between 01 September and 31...

• Do not carry out piling during salmon migration season and only between 7am and 7pm Statutory Undertaker

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The undertaker must comply with the lighting, hazard marking and...

• Comply with ABP Humber’s lighting and hazard marking requirements Statutory Undertaker

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The undertaker must ensure any rock material used in the...

• Use only clean, sourced rock material in construction Statutory Undertaker

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In the event that any rock or stone material is...

• Report lost rock or stone material below mean high water springs Statutory Undertaker

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(1) The undertaker must report all dropped objects to the...

• Report dropped objects to MMO within 24 hours Statutory Undertaker

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Post Construction

• Clear site equipment and waste within six weeks of completion Statutory Undertaker

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The undertaker must ensure that the MMO Local Enforcement Office...

• Notify MMO of completion of licensed activities within 10 days Statutory Undertaker

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The undertaker must complete post-works bathymetry of the areas specified...

• Complete post-works bathymetry survey and share results with navigational authorities Statutory Undertaker

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General

• Report oil, fuel or chemical spills in marine environment to MMO within 12 hours Statutory Undertaker

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Notifications and Inspections

• Distribute and display marine licence, allow inspections, and notify mariners Statutory Undertaker

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Consent to transfer benefit of the Order

• Notify the Secretary of State before transferring project benefits Statutory Undertaker

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Construction and maintenance of new or altered means of access

• Maintain new or altered road access for 12 months Statutory Undertaker

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Discharge of water

• Obtain consent and follow safety protocols for discharging water Statutory Undertaker

s.015

Authority to survey and investigate the land

• Give 14 days' notice before surveying land and compensate for damage Statutory Undertaker

s.019

Statutory authority to override easements and other rights

• Pay compensation for interfering with land rights or contract restrictions Statutory Undertaker

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Restoration works

• Restore site land and infrastructure if construction does not start Statutory Undertaker

s.041

Certification of plans etc.

• Submit project plans and documents for certification Statutory Undertaker

s.042

Service of notices

• Follow specific rules when sending or receiving formal notices Any Person

s.043

Procedure in relation to certain approvals etc.

Other duties (1) — Crown / regulator

• Authorities must provide written decisions without unreasonable delay Statutory regulator

s.045

Guarantees in respect of payment of compensation

• Secure compensation guarantees before exercising land and street powers Statutory Undertaker