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The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024

Type Statutory-Instrument

Publication 2024-10-04

Last updated 2025-02-11

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) As soon as reasonably practicable after the amendment mentioned in sub-paragraph (1), the dock master must—

(a) notify the IOT Operators of its amendments to the Manual insofar as they relate to the operation of the authorised development; and

(b) publish the amended navigational controls on the Port of Immingham webpage.

(3) The undertaker must operate the authorised development only in accordance with the Manual referred to in sub–paragraph (1) as may be amended and re-published from time to time.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

21

In this Part of this Schedule, “discharging authority” means any body responsible for giving any consent, agreement or approval required by a requirement included in Part 1 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement.

Applications made under requirements

22

(1) Subject to sub-paragraph (3), where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement included in this Order, or for any consent, agreement or approval further to any document referred to in any such requirement, the discharging authority must give notice to the undertaker of its decision on the application within a period of 8 weeks beginning with—

(a) the day immediately following that on which the application is received by the discharging authority; or

(b) where further information is requested under paragraph 23, the day immediately following that on which the further information has been supplied by the undertaker,

or such longer period as may be agreed in writing by the undertaker and the discharging authority.

(2) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, the discharging authority may—

(a) give or refuse its consent, agreement or approval; or

(b) give its consent, agreement or approval subject to reasonable conditions,

and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.

(3) In the event that the discharging authority does not determine an application in relation to any of Work Nos. 4 to 13 inclusive and any ancillary works associated with those onshore works within the period set out in sub-paragraph (1), the discharging authority is deemed to have granted all parts of the application (without any condition or qualification) at the end of that period unless otherwise agreed in writing.

(4) An application under sub-paragraph (3) must include a statement informing the discharging authority—

(a) of the period mentioned in paragraph (1); and

(b) that if they do not respond before the end of that period, consent will be deemed to have been granted.

Further information regarding requirements

23

(1) In relation to any application referred to in paragraph 22, the discharging authority may request such further information from the undertaker as it considers necessary to enable it to consider the application.

(2) If the discharging authority considers that further information is necessary, the discharging authority must, within 24 business days of receipt of the application, notify the undertaker in writing specifying the further information required or must do so within any longer period as may be agreed in writing between the undertaker and the discharging authority.

(3) If the discharging authority does not give the notification within the period specified in subparagraph (2) it is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of the undertaker.

Appeals

24

(1) The undertaker may appeal to the Secretary of State in the event that—

(a) the discharging authority refuses an application for any consent, agreement or approval required by—

(i) a requirement in Part 1 of this Schedule; or

(ii) a document referred to in any requirement contained in Part 1 of this Schedule,

or grants it subject to conditions to which the undertaker objects;

(b) on receipt of a request for further information pursuant to paragraph 23 of this Part of this Schedule, the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

(c) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

(2) The appeal process is as follows—

(a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 22(1), giving rise to the appeal referred to in sub- paragraph (1);

(b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority;

(c) as soon as is practicable but not later than 21 days after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the adjudicator”) and must notify the appeal parties of the identity of the adjudicator and the address to which all correspondence for the attention of the adjudicator must be sent;

(d) the appointed adjudicator must specify a start date no later than 21 days following the appointment subject to any extension as may be agreed by the parties;

(e) the discharging authority must submit their written representations together with any other representations to the adjudicator in respect of the appeal within 10 business days of the start date specified by the adjudicator and must ensure that copies of their written representations and any other representations as sent to the adjudicator are sent to the undertaker on the day on which they are submitted to the adjudicator;

(f) the appeal parties must make any counter-submissions to the adjudicator within 10 business days of receipt of written representations pursuant to sub-paragraph (e) above; and

(g) the adjudicator must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable but no later than 21 days after the end of the 10 business day period for counter-submissions under sub-paragraph (f).

(3) The appointment of the adjudicator pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(4) If the adjudicator considers that further information is necessary to enable the adjudicator to consider the appeal the adjudicator must, as soon as practicable, notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

(5) Any further information required pursuant to sub-paragraph (4) must be provided by the party from whom the information is sought to the adjudicator and to the other appeal parties by the date specified by the adjudicator. The adjudicator must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the adjudicator within 10 business days of the date specified by the adjudicator but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c)-(g).

(6) On an appeal under this paragraph, the adjudicator may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the discharging authority (whether the appeal related to that of it or not),

and may deal with the application as if it had been made to the adjudicator in the first instance.

(7) The adjudicator may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the adjudicator such written representations as have been sent outside of the relevant time limits.

(8) The adjudicator may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the adjudicator that there is sufficient material to enable a decision to be made on the merits of the case.

(9) The decision of the adjudicator on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for a judicial review.

(10) If an approval is given by the adjudicator pursuant to this Part of this Schedule, it is deemed to be an approval for the purpose of Part 1 of this Schedule as if it had been given by the discharging authority.

(11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the adjudicator to be paid by the discharging authority, the reasonable costs of the adjudicator are to be met by the undertaker.

(12) On application by the discharging authority or the undertaker, the adjudicator may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the adjudicator must have regard to relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may replace it.

Anticipatory steps towards compliance with any requirement

25

If before this Order came into force the undertaker or any other person took any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

SCHEDULE 3 — DEEMED MARINE LICENCE

PART 1 — GENERAL

Interpretation

1

(1) In this Schedule—

“the 2008 Act” means the Planning Act 2008;

“the 2009 Act” means the Marine and Coastal Access Act;

“2021 sediment sampling plan” means—the plan approved by the MMO on 24 September 2021, which details—a detailed dredging methodology;dredge locations;dredge amounts (total and annual, if applicable);dredge depths;duration of dredging activities;whether the dredge is a capital dredging activity or a maintenance dredging activity; andspecific gravity of the material or material type; andany further sediment sampling analyses which may be approved by the MMO in accordance with condition 18(2) prior to the expiry of the 2021 sediment sampling plan;

“alluvial materials” means dredged unconsolidated material of alluvial origin;

“the authorised development” means the construction, operation and maintenance of a Roll on Roll off facility on the River Humber as described in Schedule 1 to this Order and has the meaning given in paragraph 3(2);

“business day” means a day other than a Saturday or Sunday, Good Friday, Christmas Day or a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971;

“business hours” means the period from 09:00 until 17:00 on any business day;

“capital dredge” means the dredging to a depth not previously dredged, or to a depth not dredged within the last 10 years and is generally undertaken to create or deepen navigational channels, berths or to remove material deemed unsuitable for the foundation of a construction project and “capital dredging” shall be construed accordingly;

“Chart Datum” means 3.9 m below ordinance datum (Newlyn), corresponding with a depth of 7.6m of the outer sill of the Port of Immingham;

“cold weather construction restriction strategy” means the strategy of that description referred to in condition 8 of Part 2 of this Schedule 3;

“commence” means beginning to carry out any part of a licensed activity and “commenced” and “commencement” are to be construed accordingly;

“condition” means a condition in Part 2 and Part 3 of this licence and references in this licence to numbered conditions are to the conditions with those numbers in Part 2;

“the environmental statement” means the document of that description certified under article 33 (certification of plans and documents etc.) of the Order, certified by the Secretary of State as the environmental statement for the purposes of the Order;

“existing marine licence” means licence L/2014/00429 or any subsequent equivalent successor licence as may be granted that permits the disposal of dredged arising from the Port of Immingham;

“future sediment sampling plan” means—any further sediment sampling plan approved by the MMO in accordance with condition 18(2) which details—a detailed dredging methodology;dredge locations;dredge amounts (total and annual, if applicable);dredge depths;duration of dredging activities;whether the dredge is a capital dredging activity or a maintenance dredging activity; andspecific gravity of the material or material type;

“glacial clay” means consolidated dredged materials laid down during the last glaciation;

“high water” means daily high tides in every lunar day;

“HU056” means the area bounded by co-ordinates (53°39.3000’N, 00°10.4898’W), (53°39.0499’N, 00°10.4700’W), (53°38.8201’N, 00°09.4398’W), (53°39.3000’N, 00°10.4898’W);

“HU060” means the area bounded by co-ordinates—

(53°38.7439’N, 00°10.4434’W), (53°38.7499’N, 00°10.4536’W), (53°38.7575’N, 00°10.4677’W), (53°38.7648’N, 00°10.4823’W), (53°38.7718’N, 00°10.4974’W), (53°38.7784’N, 00°10.5128’W), (53°38.7847’N, 00°10.5287’W), (53°38.7906’N, 00°10.5450’W), (53°38.7962’N, 00°10.5617’W), (53°38.8013’N, 00°10.5787’W), (53°38.8061’N, 00°10.5960’W), (53°38.8105’N, 00°10.6136’W), (53°38.8145’N, 00°10.6315’W), (53°38.8181’N, 00°10.6496’W), (53°38.8213’N, 00°10.6679’W), (53°38.8240’N, 00°10.6864’W), (53°38.8264’N, 00°10.7051’W), (53°38.8283’N, 00°10.7239’W), (53°38.8298’N, 00°10.7428’W), (53°38.8309’N, 00°10.7618’W), (53°38.8315’N, 00°10.7809’W), (53°38.8317’N, 00°10.8000’W), (53°38.8315’N, 00°10.8191’W), (53°38.8309’N, 00°10.8382’W), (53°38.8298’N, 00°10.8572’W), (53°38.8283’N, 00°10.8761’W), (53°38.8264’N, 00°10.8949’W), (53°38.8240’N, 00°10.9136’W), (53°38.8213’N, 00°10.9321’W), (53°38.8181’N, 00°10.9504’W), (53°38.8145’N, 00°10.9685’W), (53°38.8105’N, 00°10.9864’W), (53°38.8061’N, 00°11.0040’W), (53°38.8013’N, 00°11.0213’W), (53°38.7962’N, 00°11.0383’W), (53°38.7906’N, 00°11.0550’W), (53°38.7847’N, 00°11.0713’W), (53°38.7784’N, 00°11.0872’W), (53°38.7718’N, 00°11.1026’W), (53°38.7648’N, 00°11.1177’W), (53°38.7575’N, 00°11.1323’W), (53°38.7499’N, 00°11.1464’W), (53°38.7439’N, 00°11.1567’W), (53°38.7438’N, 00°11.1564’W), (53°38.5320’N, 00°10.8000’W), (53°38.7438’N, 00°10.4436’W), (53°38.7439’N, 00°10.4434’W)

“intertidal mudflat” means exposed mud between mean high water springs and mean low water springs;

“licensable activity” means an activity licensable under section 66 of the 2009 Act;

“licensed activity” means any activity authorised in paragraph 3 of this Schedule;

“local planning authority” means North East Lincolnshire Council;

“maintenance dredge” means a dredge undertaken to keep channels, berths and other areas at their designed depths, involving removing recently accumulated sediments such as mud, sand and gravel to a level that is not lower than it has been at any time during the past 10 years;

“marine piles” means piles that will be in a free water condition during construction;

“marine written scheme of investigation” means the marine archaeological written scheme of investigation contained in appendix 15.3 to the environmental statement;

“MCMS” means the Marine Case Management System provided by the MMO;

“mean high water springs” means the average of high water heights occurring at the time of spring tides;

“mean low water springs” means the average of low water heights occurring at the time of spring tides;

“the MMO” means the Marine Management Organisation;

“named vessel” means a vessel whose name and type has been notified to the MMO in writing;

“Notice to Mariners” means any notice to mariners which may be issued by the Admiralty, Trinity House, the Statutory Conservancy and Navigation Authority, government departments or harbour and pilotage authorities advising mariners of important matters affecting navigational safety;

“outline offshore construction environmental management plan” means the document of that description certified under article 33 (certification of plans and documents etc.) of the Order, certified by the Secretary of State as the outline offshore construction environmental management plan for the purposes of the Order;

“the Order” means the Associated British Ports (Immingham Eastern Ro-Ro Terminal) Order 2024; and

“percussive piles” means driven piles but excludes the handling, placing and vibro-driving of piles;

“percussive piling” for the purposes of this licence means the driving of piles by percussive means but does not include the handling, placing or vibro-piling of piles;

“the Port of Immingham” means the statutory port estate including the Port of Immingham statutory harbour authority area;

“the River Humber” means the tidal estuary from its mouth at the Spurn Peninsula to its confluence with the rivers Ouse and Trent;

“sea bed” means the ground under the sea;

“undertaker” means Associated British Ports (“ABP”) company number ZC000195 registered at 25 Bedford Street, London, WC2E 9ES and any agent, contractor or sub-contractor acting on its behalf; and

“vessel” means every description of vessel, however propelled or moved and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water.

(2) Unless otherwise specified, all geographical co-ordinates given in this Schedule are in latitude and longitude degrees and minutes to four decimal places.

(3) Tonnages of dredged materials are expressed in wet tonnes.

Contacts

2

(1) Unless otherwise advised in writing by the MMO, the address for postal correspondence with the MMO for the purposes of this licence is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH, telephone 0300 123 1032 and, unless otherwise advised in writing, where contact to the local MMO office (local office) is required, the following contact details must be used: Marine Management Organisation, The MMO District Office – Crosskill House, Mill Lane, Beverley, HU17 9JB, telephone 0208 720 1344, Email – beverley@marinemanagement.org.uk.

(2) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is marine.consents@marinemanagement.org.uk or where contact to the local MMO office is required is beverley@marinemanagement.org.uk.

(3) Unless otherwise advised in writing by the MMO, MCMS must be used for all licence returns or applications to vary this licence. The MCMS address is: https://marinelicensing.marinemanagement.org.uk/mmofox5/fox/live/MMO_LOGIN/login.

(4) Unless otherwise stated in writing by the MMO, all notifications required by this licence must be sent by the undertaker to the MMO using MCMS.

Licensed marine activities

3

(1) Subject to the licence conditions in Part 2, this licence authorises the undertaker to carry out licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act which—

(a) form part of, or are related to, the authorised development; and

(b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 (exemption specified by order) of the 2009 Act.

(2) For the purposes of this licence “the authorised development” means the construction operation and maintenance of a Roll on Roll off facility on the River Humber—

(a) comprising—

(i) an open piled approach jetty with abutments carrying on its surface a roadway, a footway, utilities, lighting and environmental screens, rising from ground level to cross over existing landside infrastructure and then extending from the shore in a north easterly direction (Work No.1);

(ii) a single linkspan bridge carrying on its surface a roadway and footway together with lighting and utilities, extending from the approach jetty to the innermost floating pontoon (Work No.1);

(iii) two floating pontoons connected by a linkspan, each with lighting, power, cable management system, utilities and a small crew shelter, secured in position by restraint dolphins, each located about a finger pier to accommodate the loading and unloading ramps of berthed ro-ro vessels (Work No.1);

(iv) two finger piers of open piled construction each with navigation markers, lighting, shore power infrastructure and connections for berthed vessels and water bunkering facilities—

(aa) the northern finger pier to be constructed with berthing faces on both its northern and southern elevations equipped with mooring infrastructure (Work No.1);

(bb) the southern finger pier to be constructed with a berthing face only on its northern elevation equipped with mooring infrastructure (Work No.1);

(v) piling works and construction operations within the River Humber (Work No.1);

(vi) related capital dredging works within the River Humber for the above and the disposal of any arisings from such dredgings (Work No.2);

(vii) the construction of—

(aa) a vessel impact protection barrier formed of a single row of tubular piles with a reinforced concrete capping beam, the outer facing elevation of the beam may be equipped with fendering units and panels (Work No.3(a)); and

(bb) a piled dolphin structure with a capping slab, with piles installed at each corner of the dolphin structure equipped with donut roller fenders (Work No.3(b)); and

(viii) the continued use of two existing surface water outfalls;

(b) activities which will include works to—

(i) clean, refurbish, re-construct, strengthen or maintain any work or structure; and

(ii) place and maintain works and structures including jetty furniture, fenders and impact protection; and

(c) such other incidental works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance, operation or use of the authorised development, including works for the accommodation or convenience of vessels (including but not limited to berthing and mooring facilities, ladders, buoys, bollards, dolphins and fenders) and lighting.

Licence to dredge and deposit

4

(1) Capital dredge – Subject to paragraph 5, the undertaker is permitted to undertake a capital dredge to a depth of -9 metres Chart Datum (with an allowance for the tolerances of the dredging equipment) of the berth pocket the grid coordinates for which are specified in paragraph 5(2) .

(2) The materials must be dredged in the approximate quantities and deposited at the locations according to the following table—

Material	Volume (m3)	Specific gravity	Maximum tonnage (wet tonnes)	Disposal site
Alluvial materials	150,000	1.35	202,500	HU060
Glacial clay	40,000	2.26	90,400	HU056

(3) Maintenance dredge – the undertaker is permitted to carry out maintenance dredging within the statutory harbour authority area of the Port of Immingham for the purposes of maintaining the authorised development under section 75 of the 2009 Act in accordance with the existing marine licence.

(4) Deposit of dredged arisings—

(a) The capital dredge will create arisings of glacial clay and alluvial materials which must be deposited at deposit grounds HU056 and HU060;

(b) The maintenance dredge will create arisings of alluvial materials which must be deposited at the licenced deposit ground HU060 in accordance with the existing marine licence.

Details of licensed marine activities

5

(1) The grid coordinates within the UK Marine Area within which the undertaker may carry out a licensed activity (save for the capital dredge and disposal) are specified below—

Point reference	Latitude	Longitude
1	53.62711082	-0.179454009
2	53.62748148	-0.179008789
3	53.63004695	-0.178898384
4	53.63198621	-0.176987837
5	53.62889877	-0.168536653
6	53.62874293	-0.168641588
7	53.62841556	-0.167318049
8	53.62814789	-0.166235931
9	53.62796289	-0.166266125
10	53.62773154	-0.166760098
11	53.62716945	-0.168370825
12	53.62528877	-0.1723239
13	53.62449396	-0.17508587
14	53.62512213	-0.1750807
15	53.62520845	-0.175123251
16	53.625269	-0.175226494

(2) No capital dredging may be carried out by the undertaker other than within the area within the grid coordinates for the area of the River Humber specified below and more particularly identified as the berthing pocket under Work No. 2 on sheets 1 and 2 of the works plans—

Point of reference	Latitude	Longitude
17	53.626229	-0.17082
18	53.629182	-0.178936
3	53.630047	-0.178898
19	53.631567	-0.1774
20	53.628371	-0.168614

PART 2 — CONDITIONS APPLYING TO ALL LICENSABLE ACTIVITIES

Before Licensed Activities

Notifications regarding licensed activities

6

(1) The undertaker must inform the MMO—

(a) at least 5 business days prior to the commencement of the first licensed activity; and

(b) within 5 business days following the completion of the final licensed activity,

of the commencement or the completion (as applicable).

(2) The undertaker must provide the following information to the MMO—

(a) the name and function in writing of any agent, contractor or sub-contractor that will carry on any licensed activity on behalf of the undertaker; and

(b) such notification must be received by the MMO in writing not less than 24 hours before the commencement of the licensed activity.

(3) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors, and sub-contractors that will be carrying out any licensed activity on behalf of the undertaker.

(4) The undertaker must keep a copy of this licence and any subsequent revisions or amendments available for inspection at its registered address and any site office location at or adjacent to a construction site.

(5) Any changes to details supplied under sub-paragraph (2) must be notified to the MMO in writing no less than 24 hours prior to the agent, contractor or named vessel engaging in the licensed activity in question.

(6) Only those persons notified to the MMO in accordance with this condition are permitted to carry out a licensed activity.

(7) Copies of this licence must be available for inspection at the following locations—

(a) the undertaker’s office at the Port of Immingham; and

(b) during the construction of the authorised development only, at any site office which is adjacent to or near the River Humber and which has been provided for the purposes of the construction of the authorised development.

(8) The undertaker must request that the masters responsible for the named vessels that will be carrying out any licensed activity on behalf of the undertaker as notified to the MMO under condition 6(5) make a copy of this licence available for inspection on board such named vessels during the carrying out of any licensed activity.

Agents / contractors / sub-contractors

7

(1) The undertaker must notify the MMO in writing of any agents, contractors or sub-contractors that will carry on any licensed activity listed in paragraph 3 of this licence on behalf of the undertaker. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity.

(2) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors or sub-contractors that will carry on any licensed activity listed in section 3 of this licence on behalf of the undertaker.

Cold weather construction restriction strategy

8

No construction operations for any licensed activity are to commence until a cold weather construction restriction strategy is submitted to and agreed by the MMO in consultation with Natural England. The strategy shall include the following—

(a) a provision that no construction operations (other than to finish driving any pile that is in the process of being driven at the point that the cold weather restriction comes into force) shall take place following 7 consecutive days of zero or sub zero temperatures (where the temperature does not exceed zero degrees centigrade for more than six hours in any day) or any other formula as may be agreed with the MMO to define short periods of thaw;

(b) the establishment of three temperature monitoring points within the Humber Estuary; and

(c) a provision that, if the piling restriction specified in sub-paragraph (a) above comes into effect as a consequence of cold weather conditions, it will be reviewed as follows—

(i) after 24 hours of above freezing temperatures the restriction will be lifted on a temporary basis provided that the weather forecast relevant for the area including the Port of Immingham, (as agreed with the MMO) indicates that freezing conditions will not return within five days; and

(ii) after a further 5 clear days of above-freezing temperatures, the restrictions will be lifted entirely.

Marine Noise Registry

9

(1) Only when impact driven or part-driven pile foundations are proposed to be used as part of the foundation installation the undertaker must provide the following information to the Marine Noise Registry (MNR)—

(a) prior to the commencement of the licensed activities, information on the expected location, start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward Look requirements; and

(b) within 12 weeks of completion of impact pile driving, information on the exact locations and specific dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements.

(2) The undertaker must notify the MMO of the successful submission of Forward Look requirements.

Marine written scheme of archaeological investigation

10

(1) A final version of the marine written scheme of investigation must be submitted to and approved by the MMO in writing before any works to which the final version of the marine written scheme of investigation relate commence.

(2) The licensed activities must be carried out in accordance with the marine written scheme of investigation approved pursuant to sub-paragraph (1).

During Licensed Activities

Offshore Construction Environmental Management Plan

11

(1) No licensed activities shall be commenced until an offshore construction environmental management plan in relation to those activities has been submitted to and approved by the MMO following consultation with the local planning authority, the Environment Agency and Natural England on matters related to their respective functions.

(2) The offshore construction environmental management plan submitted and approved under sub-paragraph (1) must be in accordance with the outline offshore construction environmental management plan, including the outline plans and skeleton management plans included in the outline offshore construction environmental management plan.

(3) The undertaker must undertake the capital dredge in accordance with the offshore construction environmental management plan approved under sub-paragraph (1).

Piling and marine construction works

12

(1) Subject to sub-paragraph (2) below, the piling of marine piles in connection with the authorised development shall be subject to the following conditions—

(a) There shall be at least a 20 minutes “soft start” period prior to the commencement of any piling; and

(b) The form of soft start shall be submitted to and agreed in writing by the MMO in consultation with Natural England on matters related to its functions prior to the commencement of piling.

(2) An active and mobile 500 metre marine mammals observation zone, the centre point of which will be the location of the particular marine pile being driven percussively, shall be created, and 30 minutes prior to the commencement of percussive piling a search must be undertaken of the zone, with the purpose of identifying whether any marine mammals enter the zone, and if such mammals are observed within the zone, percussive piling must not be commenced until the mammals have cleared the zone or until 20 minutes after the last visual detection, subject to sub-paragraph (4).

(3) An active and mobile 500 metre marine mammals observation zone, the centre point of which will be the location of the particular marine pile being driven percussively, shall be maintained during percussive piling with the purpose of identifying whether any marine mammals enter the zone and if such mammals are observed, percussive piling must cease until the mammals have cleared the zone and there is no further detection after 20 minutes.

(4) Where percussive piling is paused for any reason other than the detection of marine mammals, then recommencement of the percussive piling shall be subject to the provisions be paragraph (2) save for where the active and mobile 500 metre marine mammals observation zone has been observed throughout the period of the pause in operations and no such mammals were observed entering the zone, in which case percussive piling may be recommenced immediately.

(5) Wherever possible the undertaker will use vibro-piling methodology whilst it is recognised that percussive piling may be required to drive the piles to their ultimately required depth.

(6) The undertaker must use a noise suppression system consisting of a piling sleeve with noise insulating properties for percussive piling.

(7) Subject to sub-paragraph (8) below, the undertaker must ensure that no marine construction activity for the approach jetty, linkspan, innermost pontoon and the inner finger pier shall take place between 1 October and 31 March inclusive in any year located within 200 metres of the exposed intertidal mudflat.

(8) During the restricted period between 1 October and 31 March inclusive in any year, marine construction activity may be undertaken provided that at distances less than 200 metres of exposed intertidal mudflat provided that an acoustic barrier/visual screening is installed on both sides of any semi-completed structure and construction activity will then be undertaken on the approach jetty itself, behind the screens, with no use of large heavy plant.

(9) During the period between 1 October and 31 March inclusive in any year, the undertaker must ensure that on all floating construction barges an acoustic barrier/screening is placed on the side of the barges closest to the foreshore, and construction activity can only be undertaken from the side of the barge facing away from the foreshore.

(10) No piling of marine piles within the waterbody is to take place between 1 March and 31 March, 1 June and 30 June and 1 August and 31 October inclusive in any one calendar year after sunset and before sunrise on any day, save for any—

(a) piling of marine piles undertaken on exposed mudflat outside the water column at periods of low water;

(b) emergency works; and

(c) piling operations that have been initiated where an immediate cessation of the activity would form an unsafe working practice.

(11) The undertaker must ensure that no percussive piling of marine piles within the waterbody shall take place between 1 April and 31 May inclusive in any one calendar year, save for any percussive piling of marine piles undertaken on exposed mudflat outside the water column at periods of low water.

(12) Percussive piling of marine piles is to be restricted at other times as follows—

(a) from 1 June to 30 June inclusive in any year, the maximum duration of percussive piling permitted within any four-week period must not exceed—

(i) 140 hours where a single piling rig is in operation; or

(ii) 196 hours where two or more rigs are in operation; and

(b) from 1 August to 31 October inclusive in any year, the maximum duration of percussive piling permitted within any four-week period must not exceed—

(i) 140 hours where a single piling rig is in operation; or

(ii) 196 hours where two or more rigs are in operation,

save for any percussive piling of marine piles undertaken on exposed mudflat outside the water column at periods of low water and save for percussive piling operations that have been initiated where an immediate cessation of the activity would form an unsafe working practice.

(13) The measurement of time during each work-block described in sub-paragraph (12) of this licence must begin at the start of each timeframe, roll throughout it, then cease at the end, where measurement will begin again at the start of the next timeframe, such process to be repeated until the end of piling works.

(14) Percussive piling must only be carried out in accordance with the cold weather construction restriction strategy.

Percussive piling reporting protocol

13

(1) The undertaker must submit weekly reports to the MMO of the duration of percussive piling that is undertaken on any given day on which piling takes place during the construction of the authorised development, unless otherwise agreed in writing with the MMO.

(2) The reports submitted to the MMO pursuant to sub–paragraph (1) must include a log of the number and approximate location of piling rigs which are in operation on any given day, along with the number of piles driven.

(3) The undertaker will hold fortnightly meetings with the MMO to discuss the weekly reports submitted under sub-paragraph (1) and agree any corrective action if required, unless otherwise agreed in writing with the MMO.

(4) Subject to sub–paragraph (5), where percussive piling is paused, the recommencement of the percussive piling shall be subject to the provisions of sub–paragraph (1)(a) of paragraph 12 (“the contingency period”).

(5) The contingency period must not exceed a total of 80 minutes in any given day on which percussive piling takes place.

Concrete and cement

14

Waste concrete, slurry or wash water from concrete or cement activities must not be discharged, intentionally or unintentionally, into the marine environment. Concrete and cement mixing and washing areas must be contained and sited at least 10 metres from any water body or surface water drain.

Coatings and treatment

15

The undertaker must ensure that any coatings or treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by the Health and Safety Executive and the Environment Agency Pollution Prevention Control Guidelines.

Pollution and Spills

16

(1) Bunding and/or storage facilities must be installed to contain and prevent the release of fuel, oils, and chemicals associated with plant, refuelling and construction equipment, into the marine environment. Secondary containment must be used with a capacity of no less than 110% of the container’s storage capacity.

(2) Any oil, fuel or chemical spill within the marine environment must be reported to the MMO Marine Pollution Response Team as soon as reasonably practicable, but in any event within 12 hours of being identified in accordance with the following, unless otherwise advised in writing by the MMO—

(a) within business hours on any business days: 0300 200 2024;

(b) any other time: 07770 977 825; or

(3) All wastes must be stored in designated areas that are isolated from surface water drains, open water and contained to prevent any spillage.

(4) The undertaker must comply with the existing marine pollution contingency plan in place for the Port of Immingham as detailed in the construction environmental management plan.

Disposal at Sea

17

(1) The undertaker must inform the MMO of the location and quantities of material deposited each month under the licence. This information must be submitted to the MMO by 15 February each year for the months August to January inclusive and by 15 August each year for the months February to July inclusive.

(2) The undertaker must ensure that only inert material of natural origin produced during dredging shall be deposited in the disposal sites—

(a) HU060 (alluvial materials); and

(b) HU056 (glacial clay),

or any other site approved in writing by the MMO.

Sediment sampling

18

(1) Any sediment sampling analyses undertaken by a laboratory validated by the MMO and approved by the MMO as part of either the 2021 sediment sampling plan or any future sediment sampling plan is valid for a period of 3 years from the date when those analyses were undertaken.

(2) Where the validity period for sediment sampling analyses as set out in sub-paragraph (1) above expires, the undertaker must submit a future sediment sampling plan request to the MMO for its approval and any sediment sampling analyses from such future sediment sampling plan must be submitted to the MMO for consultation.

(3) The undertaker must undertake the capital dredge in accordance with the 2021 sediment sampling plan or the future sediment sampling plan approved under sub-paragraph (2).

19

The material to be disposed of within the disposal sites referred to in paragraph 4(4) must be placed evenly within the boundaries of that site.

20

During the course of disposal at sea, deposited material must be distributed evenly over the disposal site.

Dropped objects

21

(1) The undertaker must report all dropped objects to the MMO using the dropped object procedure form as soon as reasonably practicable and in any event within 24 hours of becoming aware of an incident.

(2) On receipt of the dropped object procedure form, the MMO may require, acting reasonably, the undertaker to carry out relevant surveys. The undertaker must carry out surveys in accordance with the MMO’s reasonable requirements and must report the results of such surveys to the MMO.

(3) On receipt of such survey results, the MMO may, acting reasonably, require the undertaker to remove specific obstructions from the seabed. The undertaker must carry out removals of specific obstructions from the seabed in accordance with the MMO’s reasonable requirements and its own expense.

Notice to Mariners

22

(1) Local mariners, fishermen’s organisations and the UK Hydrographic Office must be notified of any licensed activity or phase of licensed activity through a local Notice to Mariners.

(2) A Notice to Mariners must be issued at least 5 days before the commencement of each licensed activity or phase of licensed activity.

(3) The MMO and Marine Coastguard Agency must be sent a copy of the notification within 24 hours of issue. The Notice to Mariners must include—

(a) the start and end dates for the works;

(b) a summary of the works to be undertaken;

(d) any markings of the works area that will be put in place.

23

A copy of the notice must be provided to the MMO via MCMS within 24 hours of issue of a notice under sub-paragraph (1).

PART 3 — PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of “application”

24

In this Part, “application” means a submission by the undertaker for approval by the MMO of any document, strategy, information or plan under conditions 8 (cold weather construction restriction strategy), 9 (marine noise registry), 10 (marine written scheme of investigation), 11 (construction environmental management plan) and 18 (sediment sampling).

Further information regarding application

25

The MMO may request in writing such further information from the undertaker as is necessary to enable the MMO to consider an application.

Determination of application

26

(1) In determining the application the MMO may have regard to—

(a) the application and any supporting information or documentation;

(b) any further information provided by the undertaker; and

(2) Having considered the application the MMO must—

(a) grant the application unconditionally;

(b) grant the application subject to the conditions as the MMO thinks fit; or

Notice of determination

27

(1) Subject to sub-paragraph (2) or (3), the MMO must give notice to the undertaker of the determination of the application as soon as reasonably practicable after the application is received by the MMO.

(2) Where the MMO has made a request under paragraph 25, the MMO must give notice to the undertaker of the determination of the application as soon as reasonably practicable once the further information is received.

(3) Where the MMO refuses the application the refusal notice must state the reasons for the refusal.

SCHEDULE 4 — PROTECTIVE PROVISIONS

Interpretation

1

In this Part of this Schedule—

“area of jurisdiction” means the area within the harbour limits, being the area in which the powers of the dock master may be exercised;

“authorised works” means any work, operation or activity that the undertaker is authorised by this Order to construct or carry out;

“environmental document” means— the environment statement prepared for the purposes of the application for this Order together with any supplementary environmental information or other document so prepared by way of clarification or amplification of the environmental statement; and any other document containing environmental information provided by the undertaker to the Secretary of State or the Statutory Conservancy and Navigation Authority or Trinity House for the purposes of any tidal works approval under article 37 (provision against danger to navigation), article 38 (lights on tidal works during construction) or article 39 (permanent lights on tidal works);

“plans” includes sections, drawings, specifications, calculations and method statements;

“the river” means the River Humber; and

“the Statutory Conservancy and Navigation Authority” means for the purposes of this Protective Provision Associated British Ports in its capacity as statutory conservancy and navigation authority for the river Humber (as successor to the Conservancy Commissioners established under the Humber Conservancy Act 1868) and including in its role as competent harbour authority and local lighthouse authority for its statutory area.

General

2

(1) The provisions of this Part of this Schedule, unless otherwise agreed in writing between the undertaker and the Statutory Conservancy and Navigation Authority, have effect until the commencement of the operation of the authorised development for the protection of the Statutory Conservancy and Navigation Authority and the users of the river.

(2) For the purposes of this Part of this Schedule, the definition of “tidal work” is taken to include—

(a) any projection over the river outside the area of jurisdiction by booms, cranes and similar plant or machinery, whether or not situated within the area of jurisdiction; and

(b) any authorised work which affects the river or any functions of the Statutory Conservancy and Navigation Authority , whether or not that authorised work is within the limits of the Statutory Conservancy and Navigation Authority.

Tidal Works: approval of detailed design

3

(1) Prior to the commencement of the authorised development in the marine environment the undertaker must submit to the Statutory Conservancy and Navigation Authority plans and sections of the tidal works or operation and such further particulars as the Statutory Conservancy and Navigation Authority may, within 28 days from the day on which plans and sections are submitted under this sub-paragraph, reasonably require.

(2) Any approval of the Statutory Conservancy and Navigation Authority required under this paragraph shall be deemed to have been given if it is neither given nor refused (or is refused but without an indication of the grounds for refusal) within 28 days of the day on which the request for consent is submitted under sub-paragraph (1) must not be unreasonably withheld but may be given subject to such reasonable requirements as the Statutory Conservancy and Navigation Authority may make for the protection of—

(a) traffic in, or the flow or regime of, the river;

(b) the use of its operational land or the river for the purposes of performing its functions; or

(3) Requirements made under sub-paragraph (2) may include conditions as to—

(a) the relocation, provision and maintenance of works, moorings, apparatus and equipment necessitated by the tidal work; and

(b) the expiry of the approval if the undertaker does not commence construction of the tidal work approved within a prescribed period.

(4) Before making a decision on any such approval, the Statutory Conservancy and Navigation Authority must take into account any opinion on plans and sections provided to it by the Environment Agency.

(5) Whenever the undertaker provides the Secretary of State with an environmental document it must at the same time send a copy to the Statutory Conservancy and Navigation Authority.

Commencement of Tidal Works

4

Any operations for the construction of any tidal work approved in accordance with this Order, once commenced, must be carried out by the undertaker without unnecessary delay and to the reasonable satisfaction of the Statutory Conservancy and Navigation Authority so that river traffic, the flow or regime of the river and the exercise of the Statutory Conservancy and Navigation Authority’s functions do not suffer more interference than is reasonably practicable, and an authorised officer of the Statutory Conservancy and Navigation Authority is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey such operations.

Discharges, etc.

5

(1) The undertaker must not without the Consent of the Statutory Conservancy and Navigation Authority—

(a) deposit in or allow to fall or be washed into the river any gravel, soil or other material; or

(b) discharge or allow to escape either directly or indirectly into the river any offensive or injurious matter in suspension or otherwise.

(2) Any consent of the Statutory Conservancy and Navigation Authority under this paragraph must not be unreasonably withheld but may be given subject to such terms and conditions as the Statutory Conservancy and Navigation Authority may reasonably impose.

(3) Any such approval is deemed to have been given if it is neither given nor refused (or is refused but without an indication of the grounds for refusal) within 28 days of the day on which the request for consent is submitted under sub-paragraph (1).

(4) In its application to the discharge of water into the river, article 24 (discharge of water) has effect subject to the terms of any conditions attached to a consent given under this paragraph.

(5) The undertaker must not, in exercise of the powers conferred by article 24 (discharge of water), damage or interfere with the beds or banks of any watercourse forming part of the river unless such damage or interference is approved as a tidal work under this Order or is otherwise approved in writing by the Statutory Conservancy and Navigation Authority.

Obstruction in river

6

If any pile, stump or other obstruction to navigation becomes exposed in the course of constructing any tidal work (other than a pile, stump or other obstruction on the site of a structure comprised in any permanent work), the undertaker, as soon as reasonably practicable after the receipt of notice in writing from the Statutory Conservancy and Navigation Authority requiring such action, must remove it from the river or, if it is not reasonably practicable to remove it—

(a) cut the obstruction off at such level below the bed of the river as the Statutory Conservancy and Navigation Authority may reasonably direct; or

(b) take such other steps to make the obstruction safe as the Statutory Conservancy and Navigation Authority may reasonably require.

7

If—

(a) by reason of the construction of any tidal work it is reasonably necessary for the Statutory Conservancy and Navigation Authority to incur reasonable costs in temporarily or permanently altering, removing, re-siting, repositioning or reinstating existing moorings or aids to navigation (including navigation marks or lights) owned by the Statutory Conservancy and Navigation Authority, or laying down and removing substituted moorings or buoys, or carrying out dredging operations for any such purpose, not being costs which it would have incurred for any other reason; and

(b) the Statutory Conservancy and Navigation Authority gives to the undertaker not less than 28 days’ notice of its intention to incur such costs, and takes into account any representations which the undertaker may make in response to the notice within 14 days of the receipt of the notice,

the undertaker must pay the costs reasonably so incurred by the Statutory Conservancy and Navigation Authority.

Navigational lights, buoys, etc.

8

In addition to any requirement imposed under this Order the undertaker, at or near every tidal work, and any other work of which the undertaker is in possession in exercise of any of the powers conferred by this Order (being in either case a work which is below mean high water level forming part of the River Humber), must exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the Statutory Conservancy and Navigation Authority may from time to time reasonably require.

Removal of temporary works

9

On completion of the construction of any part of a permanent authorised work, the undertaker must as soon as practicable remove—

(a) any temporary tidal work carried out only for the purposes of that part of the permanent work; and

(b) any materials, plant and equipment used for such construction,

and must make good the site to the reasonable satisfaction of the Statutory Conservancy and Navigation Authority.

Protective action

10

(1) If any tidal work—

(a) is constructed otherwise than in accordance with the requirements of this Part of this Schedule or with any condition in an approval given pursuant to paragraph3; or

(b) during construction gives rise to sedimentation, scouring, currents or wave action detrimental to traffic in, or the flow or regime of, the river,

then the Statutory Conservancy and Navigation Authority may by notice in writing require the undertaker at the undertaker’s own expense to comply with the remedial requirements specified in the notice.

(2) The requirements that may be specified in a notice given under sub-paragraph (1) are—

(a) in the case of a tidal work to which sub-paragraph (1)(a) applies, such requirements as may be specified in the notice for the purpose of giving effect to the requirements of—

(i) this Part of this Schedule; or

(ii) the condition that has been breached; or

(b) in any case within sub-paragraph (1)(b), such requirements as may be specified in the notice for the purpose of preventing, mitigating or making good the sedimentation, scouring, currents or wave action so far as required by the needs of traffic in, or the flow or regime of, the river.

(3) If the undertaker does not comply with a notice under sub-paragraph (1), or is unable to do so, the Statutory Conservancy and Navigation Authority may in writing require the undertaker to—

(a) remove, alter or pull down the tidal work, and where the tidal work is removed to restore the site of that work (to such extent as the Statutory Conservancy and Navigation Authority reasonably requires) to its former condition; or

(b) take such other action as the Statutory Conservancy and Navigation Authority may reasonably specify for the purpose of remedying the non-compliance to which the notice relates.

(4) If a tidal work gives rise to environmental impacts over and above those anticipated by any environmental document, the undertaker, in compliance with its duties under any enactment and, in particular, under section 48A of the Harbours Act 1964[^f00063], must take such action as is necessary to prevent or mitigate those environmental impacts and in doing so must consult and seek to agree the necessary measures with the Statutory Conservancy and Navigation Authority.

(5) If the Statutory Conservancy and Navigation Authority becomes aware that any tidal work is causing an environmental impact over and above those anticipated by any environmental document, the Statutory Conservancy and Navigation Authority must notify the undertaker of that environmental impact, the reasons why the Statutory Conservancy and Navigation Authority believes that the environmental impact is being caused by the tidal work and of measures that the Statutory Conservancy and Navigation Authority reasonably believes are necessary to counter or mitigate that environmental impact.

(6) The undertaker must implement the measures that the Statutory Conservancy and Navigation Authority has notified to the undertaker or must implement such other measures as the undertaker believes are necessary to counter the environmental impact identified, giving reasons to the Statutory Conservancy and Navigation Authority as to why it has implemented such other measures.

Abandoned or decayed works

11

(1) If any tidal work or any other work of which the undertaker is in possession in exercise of any of the powers conferred by this Order (being in either case a work which is below mean high water level) is abandoned or falls into decay, the Statutory Conservancy and Navigation Authority may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice either to repair or restore the work, or any part of it, or to remove the work and (to such extent as the Statutory Conservancy and Navigation Authority reasonably requires) to restore the site to its former condition.

(2) If any tidal work is in such condition that it is, or is likely to become, a danger to or an interference with navigation in the river, the Statutory Conservancy and Navigation Authority may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice—

(a) to repair and restore the work or part of it; or

(b) if the undertaker so elects, to remove the tidal work and (to such extent as the Statutory Conservancy and Navigation Authority reasonably requires) to restore the site to its former condition.

(3) If after such reasonable period as may be specified in a notice under this paragraph the undertaker has failed to begin taking steps to comply with the requirements of the notice, or after beginning has failed to make reasonably expeditious progress towards their implementation, the Statutory Conservancy and Navigation Authority may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing is recoverable from the undertaker.

12

(1) The undertaker must not in the exercise of the powers conferred by this Order interfere with any marks, lights or other navigational aids in the river without the agreement of the Statutory Conservancy and Navigation Authority and must ensure that access to such aids remains available during and following construction of any tidal works.

(2) The undertaker must provide at any tidal works, or must afford reasonable facilities at such works (including an electricity supply) for the Statutory Conservancy and Navigation Authority to provide at the undertaker’s cost, from time to time, such navigational lights, signals, radar or other apparatus for the benefit, control and direction of navigation of users of the river in general as the Statutory Conservancy and Navigation Authority may deem necessary by reason of the construction of any tidal works, and must ensure that access remains available to apparatus during and following construction of such works.

(3) The undertaker must comply with the directions of the Statutory Conservancy and Navigation Authority from time to time with regard to the lighting on the tidal works or within the harbour, or the screening of such lighting, so as to ensure safe navigation on the river.

Sedimentation, etc.: remedial action

13

(1) This paragraph applies if any part of the river becomes subject to sedimentation, scouring, currents or wave action which—

(a) is, during the period beginning with the commencement of the construction of that tidal work and ending with the expiration of 10 years after the date on which all the tidal works constructed under this Order are completed, wholly or partly caused by a tidal work; and

(b) for the safety of navigation or for the protection of works in the river, should in the reasonable opinion of the Statutory Conservancy and Navigation Authority be removed or made good.

(2) The undertaker must either—

(a) pay to the Statutory Conservancy and Navigation Authority any additional expense to which the Statutory Conservancy and Navigation Authority may reasonably be put in dredging the river to remove the sedimentation or in making good the scouring so far as (in either case) it is attributable to the tidal work; or

(b) carry out the necessary dredging at its own expense and subject to the prior approval of the Statutory Conservancy and Navigation Authority, such prior approval not to be unreasonably withheld or delayed;

and the reasonable expenses payable by the undertaker under this paragraph include any additional expenses accrued or incurred by the Statutory Conservancy and Navigation Authority in carrying out surveys or studies in connection with the implementation of this paragraph.

Indemnity

14

(1) The undertaker is responsible for and must make good to the Statutory Conservancy and Navigation Authority all reasonable financial costs or losses not otherwise provided for in this Part of this Schedule which may reasonably be incurred or suffered by the Authority by reason of—

(a) the construction or operation of the authorised works or the failure of the authorised works;

(b) anything done in relation to a mooring or buoy under paragraph 8; or

(c) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction or operation of the authorised works or dealing with any failure of the authorised works,

and the undertaker must indemnify the Statutory Conservancy and Navigation Authority from and against all claims and demands arising out of or in connection with the authorised works or any such failure, act or omission.

(2) The fact that any act or thing may have been done—

(a) by the Statutory Conservancy and Navigation Authority on behalf of the undertaker; or

(b) by the undertaker, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the Statutory Conservancy and Navigation Authority, or in a manner approved by the Statutory Conservancy and Navigation Authority, or under its supervision or the supervision of its duly authorised representative,

does not (if it was done or required without negligence on the part of the Statutory Conservancy and Navigation Authority or its duly authorised representative, employee, contractor or agent) excuse the undertaker from liability under the provisions of this paragraph.

(3) The Statutory Conservancy and Navigation Authority must give the undertaker reasonable notice of any such claim or demand as is referred to in sub-paragraph (1), and no settlement or compromise of any such claim or demand is to be made without the prior consent of the undertaker.

Statutory functions

15

(1) Subject to article 3 (disapplication and modification of legislative provisions) and this paragraph, any function of the undertaker or any officer of the undertaker, whether conferred by or under this Order or any other enactment, is subject to—

(a) any enactment relating to the Statutory Conservancy and Navigation Authority;

(b) any byelaw, direction or other requirement made by the Statutory Conservancy and Navigation Authority under any enactment; and

(c) any other exercise by the Statutory Conservancy and Navigation Authority of any function conferred by or under any enactment.

(2) The undertaker must not take any action in the river outside the area of jurisdiction under sections 57 and 65 of the 1847 Act as incorporated by article 4 (incorporation of the Act of 1847) except with the consent of the harbour master, which must not be unreasonably withheld.

(3) The dock master must not give or enforce any special direction to any vessel under section 52 of the 1847 Act, as incorporated by article 4 (incorporation of the 1847 Act), if to do so would conflict with a special direction given to the same vessel by the harbour master.

(4) The Statutory Conservancy and Navigation Authority must consult the undertaker before making any byelaw which directly applies to or which could directly affect the construction, operation or maintenance of the authorised development.

(5) The Statutory Conservancy and Navigation Authority must consult the undertaker before giving any general direction which directly affects the construction, operation or maintenance of the authorised development.

Operating procedures

16

(1) Before commencing marine commercial operations the undertaker must submit to the Statutory Conservancy and Navigation Authority for approval a written statement of proposed safe operating procedures for access to and egress from the authorised development.

(2) The undertaker must not submit the statement referred to in sub–paragraph (1) unless it has first consulted with the harbour master, the dock master for the Port of Immingham and the IOT Operators, as defined in Part 4 of this Schedule, and has had due regard to their representations.

(3) Prior to granting or refusing approval of the statement referred to in sub–paragraph (1), the Statutory Conservancy and Navigation Authority may carry out its own navigational risk assessment and may impose reasonable conditions on the approval for the purposes set out in paragraph 3(2)(a) to (c) of this Part of this Schedule.

(4) The undertaker must operate the authorised development only in accordance with such procedure as approved, including any approved alteration made from time to time.

Removal of wrecks and obstructions, etc. Oil Spillage Plan

17

The undertaker must consult the Statutory Conservancy and Navigation Authority before submitting any oil pollution emergency plan to the Maritime and Coastguard Agency and must ensure that any such plan is compatible with the Statutory Conservancy and Navigation Authority’s existing plan known as “Humber Clean” or such other plan as supersedes “Humber Clean”.

PART 2 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

Application

18

(1) The following provisions shall apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.

(2) In this part of this Schedule—

“the Agency” means the Environment Agency;

“construction” includes execution, placing, altering, replacing, relaying and removal and excavation and “construct” and “constructed” shall be construed accordingly;

“flood management infrastructure” includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

“plans” includes sections, drawings, specifications, calculations and method statements; and

“specified work” means any part of the authorised development that intersects with or sits over or above, touches or otherwise interferes with the flood management infrastructure, including the maintenance and inspection thereof.

19

(1) Prior to the commencement of any specified work, the undertaker must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of receipt of the plans reasonably request.

(2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 23.

(3) Any approval of the Agency required under this paragraph—

(a) must not be unreasonably withheld or delayed;

(b) is deemed to have been refused if it is neither given nor refused within 2 months of the submission of the plans or receipt of further particulars if such particulars have been requested by the Agency for approval; and

(c) may be given subject to such reasonable requirements as the Agency may have for the protection of any flood management infrastructure or for the prevention of flooding or pollution or in the discharge of its environmental duties.

(4) The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

(5) In the case of a refusal, if requested to do so, the Agency must provide reasons for the grounds of refusal.

20

The undertaker must ensure—

(a) that the authorised development including the associated development does not touch any existing flood management infrastructure; and

(b) that the authorised development including the associated development does not impede the Agency’s access to the flood management infrastructure for maintenance and inspection purposes and where required the development is constructed to a sufficient height above the flood management infrastructure to facilitate the aforesaid access.

21

On completion of the works, all debris and surplus material must be removed from the land adjacent to the flood defence to avoid erosion, to the satisfaction of the Agency.

22

The undertaker must bring the conditions contained in paragraphs 19 to 21 to the attention of any agent or contractor responsible for carrying out the authorised development.

23

Any dispute arising between the undertaker and the Agency under this part of this Schedule shall, if the parties agree, be determined by arbitration under article 35 (arbitration), but shall otherwise be determined by the Secretary of State for Environment, Food and Rural Affairs or its successor and the Secretary of State for Transport or its successor acting jointly on a reference to them by the undertaker or the Agency, after notice in writing by one to the other.

PART 3 — FOR THE PROTECTION OF EXOLUM

Application

24

For the protection of Exolum the following provisions, unless otherwise agreed in writing at any time between the undertaker and Exolum, have effect until the commencement of the operation of the authorised development.

Interpretation

25

In this Protective Provision—

“apparatus” means the pipe-line and storage system and ancillary apparatus owned, operated or maintained by Exolum and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“Exolum” means Exolum Pipeline System Ltd and Exolum Immingham Limited and any successor in title;

“functions” includes powers and duties;

“in” in a context referring to apparatus in land, includes a reference to apparatus under, over or upon land;

“pipe-line” means the whole or any part of a pipe-line belonging to or maintained by Exolum and includes any ancillary works and apparatus; all protective wrappings, valves, sleeves and slabs, cathodic protection units, together with ancillary cables and markers; and such legal interest and benefit of property rights and covenants as are vested in Exolum in respect of those items;

“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;

“premises” means land that Exolum owns, occupies or otherwise has rights to use including but not limited to storage facilities and jetties;

“specified work” means any work which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or (wherever situated) impose any load directly upon any apparatus or involve embankment works within 15 metres of any apparatus; and

“working day” means any day other than a Saturday, Sunday or English bank or public holiday.

Acquisition of apparatus

26

Irrespective of any provision in this Order or anything shown on the land plans—

(a) the undertaker may not acquire any apparatus, premises or any right of Exolum in respect of any apparatus or any of Exolum’s interests in land;

(b) the undertaker must not obstruct or render less convenient the access to any apparatus or premises or interfere with or affect Exolum’s ability to operate the apparatus, otherwise than by agreement with Exolum, agreement not to be unreasonably delayed or withheld;

(c) any right of Exolum to maintain, repair, renew, adjust, alter or inspect any apparatus may not be extinguished by the undertaker until any necessary alternative apparatus which allows Exolum to fulfil its functions in a manner not less efficient than previously has been constructed and is in operation to the reasonable satisfaction of Exolum;

(d) the undertaker must not require that any apparatus is relocated or diverted or removed, otherwise than by agreement with Exolum; and

(e) where alternative apparatus is proposed or reasonably necessary in consequence of the exercise of any of the powers conferred by the Order, the undertaker must afford to Exolum the necessary facilities and rights for the construction of any alternative apparatus.

Relevant Works

27

(1) In this paragraph—

“relevant works” means any works forming any part of the authorised development as do, will or are likely to affect any apparatus or Exolum’s access to any apparatus including those which involve—a physical connection or attachment to any apparatus;works within 15 metres of any apparatus;the crossing of any apparatus by other utilities;the use of explosives within 400 metres of any apparatus; orpiling, undertaking of a 3D seismic survey or the sinking of boreholes within 30 metres of any apparatus.

(2) Unless a shorter period is otherwise agreed in writing between the undertaker and Exolum, not less than 35 days before commencing any relevant works, the undertaker must submit to Exolum the works details for the relevant works and such further particulars as Exolum may reasonably require and submit to the Undertaker within 28 days of receipt of the works details and no relevant works are to be commenced until Exolum, acting reasonably, has approved the works details.

(3) The relevant works must be executed only in accordance with the works details approved by Exolum under this sub-paragraph 3 including any reasonable requirements notified to the undertaker by Exolum and Exolum shall be entitled to observe and inspect the execution of those works.

(4) Nothing in this Schedule shall authorise the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 3 metres of the apparatus unless that apparatus is redundant and disconnected from Exolum’s remaining system.

(5) If Exolum, in accordance with sub-paragraph 27(2), 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, this deed applies as if the removal of the Apparatus had been required by the undertaker and agreed with Exolum pursuant to sub-paragraph 27(2).

(6) Nothing in this sub-paragraph (6) precludes the undertaker from submitting at any time or from time to time, but (unless otherwise agreed in writing between the undertaker and Exolum) in no case less than 28 days before commencing the execution of any relevant works, new works details, instead of the works details previously submitted, and having done so the provisions of this sub-paragraph 6 apply to and in respect of the new works details.

(7) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of the apparatus, or (wherever situated) impose any load directly upon the apparatus or involve embankment works within 15 metres of the apparatus, the works details to be submitted to Exolum under sub-paragraph 27(2) shall be detailed including a method statement describing—

(a) the exact position of the works;

(b) the level at which the works are to be constructed or renewed;

(d) the position of the apparatus; and

(e) by way of detailed drawings, every alteration proposed to be made to the apparatus.

Expenses

28

(1) Subject to the following provisions of this paragraph, the undertaker must pay to Exolum the reasonable costs and expenses incurred by Exolum in, or in connection with—

(a) the inspection, removal, alteration or works for the protection of any apparatus;

(b) the observation and inspection of the execution of any specified work including relevant works;

(d) the undertaking by Exolum of its obligations under this protective provision including the review and assessment of plans and works details.

which may reasonably be required in consequence of the execution of any such works as are required under this protective provision.

(2) The undertaker shall pay Exolum’s reasonable direct costs incurred in the management and handling of any expenses paid under this protective provision.

(3) There will be no deduction from any sum payable under this protective provision as a result of—

(a) the placing of apparatus of a better type, greater capacity or of greater dimensions, or at a greater depth than the existing apparatus; or

(b) the placing of apparatus in substitution of the existing apparatus that may defer the time for renewal of the existing apparatus in the ordinary course.

(4) Upon the submission of an invoice detailing the proper and reasonable costs and expenses incurred by Exolum, the undertaker shall pay Exolum within 30 days from the date on which the invoice is received.

Damage to property and other losses

29

(1) Subject to the following provisions of this paragraph, the undertaker must pay to Exolum the reasonable costs and expenses incurred by Exolum in, or in connection with—

(a) all loss, damage, liability, costs and expenses reasonably suffered or incurred by Exolum for which Exolum is legally liable as a result of legally sustainable claims brought against Exolum by any third party solely arising out of the carrying out of any works associated with the authorised development;

(b) the cost reasonably incurred by Exolum in making good any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) arising from or caused by the carrying out of any works associated with the authorised development; and

(c) the cost reasonably incurred by Exolum in stopping, suspending and restoring the supply through its pipeline and make reasonable compensation to Exolum for any other expenses, losses, damages, penalty or costs incurred by Exolum by reason or in consequence of any such damage or interruption provided that the same arises in consequence of the carrying out of any works associated with the authorised development.

(2) Irrespective of anything to the contrary elsewhere in this protective provision—

(a) the undertaker and Exolum must at all times take reasonable steps to prevent and mitigate any loss, damage, liability, claim, cost or expense (whether indemnified or not) which either suffers as a result of the other’s negligence or breach of this protective provision; and

(b) neither the undertaker nor Exolum are liable for any loss, damage, liability, claim, cost or expense suffered or incurred by the other to the extent that the same are incurred as a result of or in connection with the sole, partial or complete breach of this protective provision or negligence arising out of an act, omission, default or works of the other, its officers, servants, contractors or agents.

(3) Exolum must give to the undertaker reasonable notice of any claim or demand to which this paragraph 30 applies. The undertaker may at its own expense conduct all negotiations for the settlement of the same and any litigation that may arise therefrom. Exolum must not compromise or settle any such claim or make any admission which might be prejudicial to the claim. Exolum must, at the request of the undertaker, afford all reasonable assistance for the purpose of contesting any such claim or action, and is entitled to be repaid all reasonable expenses incurred in so doing.

(4) The requirement to give reasonable notice of any claim or demand to the undertaker in sub-paragraph (3) above shall not apply in the event of an emergency or where the safety of the apparatus is at risk, in which case Exolum may take necessary action and notify the undertaker of its costs promptly afterwards.

30

(1) Where in consequence of the proposed construction of any of the authorised development, Exolum requires the protection or alteration of apparatus under the terms of this protective provision, the undertaker must use its best endeavours to co–ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of Exolum’s undertaking.

(2) Exolum must use reasonable endeavours to cooperate with the undertaker for the purposes outlined in this paragraph 30.

(3) The undertaker and Exolum must act reasonably in respect of any given term of this protective provision and, in particular, (without prejudice to generality) where any consent or expression of satisfaction is required by this protective provision it must not be unreasonably withheld or delayed.

Miscellaneous

31

Nothing in this protective provision affects the provisions of any enactment or agreement regulating the relations between the undertaker and Exolum in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made provided that the terms of the relevant enactment or agreement are not inconsistent with the provisions of this Order. In the case of any inconsistency, in the context of the authorised development, the provisions of this Order prevail.

32

Any dispute arising between the Undertaker and Exolum under this Part of this Schedule is to be determined by arbitration in accordance with article 35 (arbitration).

Emergency circumstances

33

(1) The undertaker acknowledges that Exolum provides services to His Majesty’s Government, using its apparatus, which may affect any works to be carried under this Order.

(2) In the following circumstances, Exolum may on written notice to the undertaker immediately suspend all works that necessitate the stopping or suspending of the supply of product through any apparatus under this Order and Exolum shall not be in breach of its obligations to proceed—

(a) circumstances in which, in the determination of the Secretary of State, there subsists a material threat to national security, or a threat or state of hostility or war or other crisis or national emergency (whether or not involving hostility or war); or

(b) circumstances in which a request has been received, and a decision to act upon such request has been taken, by His Majesty’s Government for assistance in relation to the occurrence or anticipated occurrence of a major accident, crisis or natural disaster; or

(c) circumstances in which a request has been received from or on behalf of NATO, the EU, the UN, the International Energy Agency (or any successor agency thereof) or the government of any other state for support or assistance pursuant to the United Kingdom’s international obligations and a decision to act upon such request has been taken by His Majesty’s Government or the Secretary of State; or

(d) any circumstances identified by the COBRA committee of His Majesty’s Government (or any successor committee thereof); or

(e) any situation, including where the United Kingdom is engaged in any planned or unplanned military operations within the United Kingdom or overseas, in connection with which the Secretary of State requires fuel capacity.

(3) The parties agree to act in good faith and in all reasonableness to agree any revisions to any schedule, programme or costs estimate (which shall include costs of demobilising and remobilising any workforce, and any costs to protect Exolum’s apparatus “mid-works”) to account for the suspension.

(4) Exolum shall not be liable for any costs, expenses, losses or liabilities the undertaker incurs as a result of the suspension of any activities under this paragraph or delays caused by it.

PART 4 — FOR THE PROTECTION OF THE IOT OPERATORS

Application

34

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The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

21

Applications made under requirements

22

Further information regarding requirements

23

Appeals

24

Anticipatory steps towards compliance with any requirement

25

SCHEDULE 3 — DEEMED MARINE LICENCE

PART 1 — GENERAL

Interpretation

1

Contacts

2

Licensed marine activities

3

Licence to dredge and deposit

4

Details of licensed marine activities

5

PART 2 — CONDITIONS APPLYING TO ALL LICENSABLE ACTIVITIES

Before Licensed Activities

Notifications regarding licensed activities

6

Agents / contractors / sub-contractors

7

Cold weather construction restriction strategy

8

Marine Noise Registry

9

Marine written scheme of archaeological investigation

10

During Licensed Activities

Offshore Construction Environmental Management Plan

11

Piling and marine construction works

12

Percussive piling reporting protocol

13

Concrete and cement

14

Coatings and treatment

15

Pollution and Spills

16

Disposal at Sea

17

Sediment sampling

18

19

20

Dropped objects

21

Notice to Mariners

22

23

PART 3 — PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of “application”

24

Further information regarding application

25

Determination of application

26

Notice of determination

27

SCHEDULE 4 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF THE STATUTORY CONSERVANCY AND NAVIGATION AUTHORITY FOR THE HUMBER

Interpretation

1

General

2

Tidal Works: approval of detailed design

3

Commencement of Tidal Works

4

Discharges, etc.