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The Drax Power (Generating Stations) 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 the Order

    5. 7.Consent to transfer benefit of the Order

    6. 8.Application and modification of statutory provisions

  4. PART 3 STREETS

    1. 9.Street works

    2. 10.Power to alter layout, etc., of streets

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

    4. 12.Temporary stopping up of streets and public rights of way

    5. 13.Permanent stopping up of public rights of way

    6. 14.Access to works

    7. 15.Agreements with street authorities

  5. PART 4 SUPPLEMENTAL POWERS

    1. 16.Discharge of water

    2. 17.Authority to survey and investigate the land

    3. 18.Removal of human remains

  6. PART 5 POWERS OF ACQUISITION

    1. 19.Compulsory acquisition of land

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

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

    4. 22.Compulsory acquisition of rights etc.

    5. 23.Private rights

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

    7. 25.Acquisition of subsoil only

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

    9. 27.Rights under or over streets

    10. 28.Temporary use of land for carrying out the authorised development

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

    12. 30.Statutory undertakers

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

    14. 32.Recovery of costs of new connections

    15. 33.Compulsory acquisition of land – incorporation of the mineral code

  7. PART 6 OPERATIONS

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

    2. 35.Protective works to buildings

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 36.Protective provisions

    2. 37.Application of landlord and tenant law

    3. 38.Operational land for purposes of the 1990 Act

    4. 39.Defence to proceedings in respect of statutory nuisance

    5. 40.Certification of plans etc.

    6. 41.Service of notices

    7. 42.Procedure in relation to certain approvals etc.

    8. 43.Arbitration

    9. 44.Guarantees in respect of payment of compensation

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In the County of North Yorkshire and the District of...

      2. The nationally significant infrastructure project comprises up to four generating...

      3. Work No. 1 – an electricity generating station (Unit X)...

      4. Work No. 2 – an electricity generating station (Unit Y)...

      5. Work No. 3 – up to two battery storage facilities...

      6. Work No. 4 – new gas insulated switchgear banking buildings...

      7. Work No. 5 – a natural gas receiving facility compound...

      8. Work No. 6 – above ground gas installation including—

      9. Work No. 7 – a gas pipeline including—

      10. Work No. 8 – electrical connections including—

      11. Work No. 9 – temporary construction laydown areas including—

      12. Work No. 10 – carbon capture readiness comprising—

      13. Work No. 11 – retained and enhanced landscaping including—

      14. Work No. 12 – decommissioning and demolition of sludge lagoons...

      15. Work No. 13 – removal of existing 132 kilovolt overhead...

      16. Work No. 14 – construction of temporary passing place on...

      17. In connection with and in addition to Work Nos. 1...

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Commencement of the authorised development

      3. 3.Phasing of the authorised development

      4. 4.Notice of start of commissioning and notice of date of full commissioning

      5. 5.Requirement for written approval

      6. 6.Approved details and amendments to them

      7. 7.Detailed design approval

      8. 8.Provision of landscape and biodiversity mitigation

      9. 9.Public rights of way diversions

      10. 10.External lighting during construction and operation

      11. 11.Highway accesses and passing place during construction

      12. 12.Means of enclosure

      13. 13.Surface water drainage

      14. 14.Flood risk mitigation

      15. 15.Ground conditions

      16. 16.Archaeology

      17. 17.Construction environmental management plan

      18. 18.Construction traffic management plan

      19. 19.Construction worker travel plan

      20. 20.Construction hours

      21. 21.Control of noise: operation

      22. 22.Carbon capture readiness reserve space

      23. 23.Carbon capture readiness monitoring report

      24. 24.Air safety

      25. 25.Local liaison committee

      26. 26.Decommissioning environmental management plan

      27. 27.Decommissioning traffic management plan

      28. 28.Combined heat and power

    3. SCHEDULE 3

      STREETS SUBJECT TO STREET WORKS

    4. SCHEDULE 4

      STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT

      1. PART 1 PERMANENT ALTERATION OF LAYOUT

      2. PART 2 TEMPORARY ALTERATION OF LAYOUT

    5. SCHEDULE 5

      ACCESS

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

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

      3. PART 3 THOSE WORKS TO RESTORE THE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY

    6. SCHEDULE 6

      STREETS AND PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP

      1. PART 1 STREETS TO BE TEMPORARILY STOPPED UP ETC.

      2. PART 2 PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP ETC.

    7. SCHEDULE 7

      PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP

    8. SCHEDULE 8

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

      1. 1.Interpretation

    9. SCHEDULE 9

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

      1. 1.Compensation enactments

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

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

      4. 4.Application of Part 1 of the 1965 Act

      5. 5.(1) The modifications referred to in paragraph 4(a) are as...

    10. SCHEDULE 10

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    11. SCHEDULE 11

      PROCEDURE FOR DISCHARGE

      1. 1.Interpretation

      2. 2.Applications made under Requirements

      3. 3.Further information and consultation

      4. 4.Fees

      5. 5.Appeals

    12. SCHEDULE 12

      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 twenty-eight 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 ELECTRICITY TRANSMISSION PLC

        1. 17.Application

        2. 18.Interpretation

        3. 19.Except for paragraphs 20 (apparatus in streets subject to temporary...

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

        5. 21.Protective works to buildings

        6. 22.Acquisition of land

        7. 23.Removal of apparatus

        8. 24.Facilities and rights for alternative apparatus

        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 NATIONAL GRID GAS PLC

        1. 32.Application

        2. 33.Interpretation

        3. 34.Except for paragraphs 35 (apparatus in streets subject to temporary...

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

        5. 36.Protective works to buildings

        6. 37.Acquisition of land

        7. 38.Removal of apparatus

        8. 39.Facilities and rights for alternative apparatus

        9. 40.Retained apparatus: protection of National Grid as Gas Undertaker

        10. 41.Expenses

        11. 42.Indemnity

        12. 43.Enactments and agreements

        13. 44.Co-operation

        14. 45.Access

        15. 46.Arbitration

      5. PART 5 FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC AND NORTHERN POWERGRID LIMITED

        1. 47.For the protection of Northern Powergrid (Yorkshire) Plc and Northern...

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

        3. 49.Regardless of the temporary prohibition or restriction of use of...

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

        5. 51.(1) If, in the exercise of the powers conferred by...

        6. 52.(1) Where, in accordance with the provisions of this part...

        7. 53.(1) Not less than ninety days before starting the execution...

        8. 54.(1) Subject to the following provisions of this paragraph, the...

        9. 55.(1) Subject to sub-paragraphs 55(2) and 55(3), if by reason...

        10. 56.Nothing in this part of this Schedule affects the provisions...

        11. 57.Without prejudice to the generality of the protective provisions in...

        12. 58.Northern Powergrid and the undertaker will use their reasonable endeavours...

        13. 59.Work in relation to which an estimate is submitted must...

        14. 60.If Northern Powergrid at any time becomes aware that an...

        15. 61.Northern Powergrid may from time to time and at least...

        16. 62.The undertaker will not be responsible for meeting costs or...

        17. 63.Any difference under the provisions of this part of the...

    13. SCHEDULE 13

      DESIGN PARAMETERS

      1. PART 1 TEMPORARY CONSTRUCTION PARAMETERS

      2. PART 2 UNIT X PARAMETERS

      3. PART 3 UNIT Y PARAMETERS

    14. SCHEDULE 14

      DOCUMENTS AND PLANS TO BE CERTIFIED

  11. Explanatory Note

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