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The Abergelli Power Gas Fired Generating Station Order 2019

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

    1. 3.Development consent etc. granted by the Order

    2. 4.Maintenance of authorised development

    3. 5.Operation of authorised development

    4. 6.Benefit of this Order

    5. 7.Consent to transfer benefit of the Order

  4. PART 3 STREETS

    1. 8.Power to alter layout etc. of streets

    2. 9.Street works

    3. 10.Construction and maintenance of new or altered means of access

    4. 11.Temporary prohibition or restriction of use of streets

    5. 12.Stopping up of streets

    6. 13.Access to works

    7. 14.Agreements with street authorities

    8. 15.Traffic Regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 16.Discharge of water

    2. 17.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 18.Compulsory acquisition of land

    2. 19.Compulsory acquisition of land – incorporation of the mineral code

    3. 20.Statutory authority to override easements and other rights

    4. 21.Time limit for exercise of authority to acquire land compulsorily

    5. 22.Compulsory acquisition of rights etc.

    6. 23.Private rights

    7. 24.Application of the Compulsory Purchase (Vesting Declarations) Act 1981

    8. 25.Acquisition of subsoil only

    9. 26.Modification of Part 1 of the Compulsory Purchase Act 1965

    10. 27.Rights under or over streets

    11. 28.Temporary use of land in connection with the carrying out of the authorised development

    12. 29.Temporary use of land for maintaining the authorised development

    13. 30.Statutory undertakers

    14. 31.Apparatus and rights of statutory undertakers in streets

    15. 32.Recovery of costs of new connections

    16. 33.Funding

  7. PART 6 OPERATIONS

    1. 34.Felling or lopping of trees and removal of hedgerows

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 35.Application of landlord and tenant law

    2. 36.Operational land for the purposes of the 1990 Act

    3. 37.Defence to proceedings in respect of statutory nuisance

    4. 38.Protective provisions

    5. 39.Certification of plans etc.

    6. 40.Service of notices

    7. 41.Procedure in relation to certain approvals

    8. 42.Arbitration

    9. 43.Application and modification of legislative provisions

  9. Signature

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Time limits

      2. 2.Detailed Design

      3. 3.Provision and maintenance of landscaping

      4. 4.Highway accesses

      5. 5.Fencing and other means of enclosure

      6. 6.Surface and foul water drainage

      7. 7.Surface water management plan

      8. 8.Pre–construction ecological constraints survey

      9. 9.Ecological management plan

      10. 10.Invasive species survey and remediation

      11. 11.Bat Method Statement

      12. 12.Reptile Method Statement

      13. 13.Archaeology

      14. 14.Site investigation

      15. 15.Mineral Resources Survey

      16. 16.Peat Management Plan

      17. 17.Construction environment management plan

      18. 18.Dust management plan

      19. 19.Pollution prevention management plan

      20. 20.Waste and material management plan

      21. 21.Construction traffic management plan

      22. 22.Construction staff travel plan

      23. 23.Construction hours

      24. 24.Dates of final commissioning, completion of construction and cessation

      25. 25.Control of noise during operational phase

      26. 26.Control of artificial light emissions during operation

      27. 27.Operation of the authorised development

      28. 28.Decommissioning strategy

      29. 29.Amendments to approved details

    3. SCHEDULE 3

      STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT

      1. PART 1 PERMANENT ALTERATION OF LAYOUT

      2. PART 2 TEMPORARY ALTERATION OF LAYOUT

    4. SCHEDULE 4

      STREETS SUBJECT TO STREET WORKS

    5. SCHEDULE 5

      ACCESS

      1. PART 1 THOSE PARTS OF ACCESSES TO BE MAINTAINED AT THE PUBLIC EXPENSE

      2. PART 2 THOSE PARTS OF ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY

      3. PART 3 THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED AT THE PUBLIC EXPENSE

      4. PART 4 THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY

    6. SCHEDULE 6

      TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS

    7. SCHEDULE 7

      STREETS TO BE STOPPED UP

    8. SCHEDULE 8

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIONS

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without limitation on the scope of paragraph 1, the...

        3. 3.(1) Without limitation on the scope of paragraph 1, the...

      2. Application of Part 1 of the 1965 Act

        1. 4.Part 1 (compulsory purchase under Acquisition of Land Act 1946)...

        2. 5.The modifications referred to in paragraph 4(a) are as follows—...

        3. 6.The following provisions of the 1965 Act (which state the...

        4. 7.Section 11 (powers of entry) of the 1965 Act is...

        5. 8.Section 20 of the 1965 Act (protection for interests of...

        6. 9.Section 22 of the 1965 Act (protection of acquiring authority’s...

        7. 10.For schedule 2A to the 1965 Act substitute— SCHEDULE 2A...

    9. SCHEDULE 9

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    10. SCHEDULE 10

      REMOVAL OF HEDGEROWS

    11. SCHEDULE 11

      PROTECTIVE PROVISIONS

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

        1. 1.For the protection of the utility undertakers referred to in...

        2. 2.In this part of this Schedule— “alternative apparatus” means alternative...

        3. 3.This part of this Schedule does not apply to apparatus...

        4. 4.Regardless of the temporary prohibition or restriction of use of...

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

        6. 6.(1) If, in the exercise of the powers conferred by...

        7. 7.(1) Where, in accordance with the provisions of this part...

        8. 8.(1) Not less than 28 days before starting the execution...

        9. 9.(1) Subject to the following provisions of this paragraph, the...

        10. 10.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. 11.Nothing in this part of this Schedule affects the provisions...

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

        1. 12.(1) For the protection of any operator, the following provisions...

        2. 13.The exercise of the powers of article 30 (statutory undertakers)...

        3. 14.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 15.This part of this Schedule does not apply to—

        5. 16.Nothing in this part of this Schedule affects the provisions...

      3. PART 3 FOR THE PROTECTION OF NATIONAL GRID

        1. 17.Application

        2. 18.Interpretation

        3. 19.Except for paragraphs 20 (apparatus of National Grid in streets...

        4. 20.Apparatus of National Grid in streets subject to temporary prohibition or restriction

        5. 21.Acquisition of land

        6. 22.Removal of apparatus

        7. 23.Facilities and rights for alternative apparatus

        8. 24.Retained apparatus: protection of National Grid as Gas Undertaker

        9. 25.Retained apparatus: protection of National Grid as Electricity Undertaker

        10. 26.Expenses

        11. 27.Indemnity

        12. 28.Enactments and agreements

        13. 29.Co–operation

        14. 30.Access

        15. 31.Arbitration

      4. PART 4 FOR THE PROTECTION OF WESTERN POWER DISTRIBUTION (SOUTH WALES) PLC

        1. 32.Application

        2. 33.Interpretation

        3. 34.Precedence of 1991 Act in respect of apparatus in streets

        4. 35.No acquisition or extinguishment except by agreement

        5. 36.Removal of apparatus

        6. 37.(1) Not less than 60 days before the undertaker intends...

        7. 38.Expenses and costs

        8. 39.Expert determination

      5. PART 5 FOR THE PROTECTION OF DŴR CYMRU CYFYNGEDIG

        1. 40.Application

        2. 41.Interpretation

        3. 42.No acquisition or extinguishment except by agreement

        4. 43.Precedence of the WIA 1991

        5. 44.Protection of DCC apparatus

        6. 45.Suspension of works

        7. 46.(1) In the event that either the undertaker or DCC...

        8. 47.Emergency Works

        9. 48.Damage to DCC apparatus

      6. PART 6 FOR THE PROTECTION OF ABERGELLI SOLAR LIMITED

        1. 49.Application

        2. 50.Interpretation

        3. 51.Acquisition of land

        4. 52.Access

        5. 53.Apparatus in streets subject to temporary prohibition or restriction

        6. 54.Specified Works

        7. 55.Expenses and costs

        8. 56.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        9. 57.Expert determination

      7. PART 7 FOR THE PROTECTION OF WALES & WEST UTILITIES LIMITED

        1. 58.Application

        2. 59.Interpretation

        3. 60.Apparatus of the protected person in streets subject to temporary prohibition or restriction

        4. 61.Acquisition of Land

        5. 62.Retained apparatus: Protection: Protected Persons

        6. 63.Expenses

        7. 64.Indemnity

        8. 65.Enactments and agreements

        9. 66.Co–operation

        10. 67.Access

        11. 68.Arbitration

    12. SCHEDULE 12

      PROCEDURE FOR DISCHARGE OF REQUIREMENTS

      1. 1.Applications made under requirements

      2. 2.Further information

      3. 3.Appeals

      4. 4.Interpretation of Schedule 12

  11. Explanatory Note

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