The Associated British Ports (Immingham Green Energy Terminal) Order 2025

Made: 6th February 2025

Coming into force: 27th February 2025

The Secretary of State, in exercise of the powers conferred by sections 114[^f00004], 115[^f00005], 120[^f00006], 122[^f00007] and 123[^f00008] of, and paragraphs 1 to 4, 10 to 15, 17, 20, 22, 26, 30A, 30B, 32, 33, 36 and 37 of Schedule 5[^f00009] to, the 2008 Act, makes the following Order.

PART 1 — PRELIMINARY

Citation and commencement

1

This Order may be cited as the Associated British Ports (Immingham Green Energy Terminal) Order 2025 and comes into force on 27th February 2025.

Interpretation

2

• (1) In this Order, unless the context requires otherwise—

• “the 1847 Act” means the Harbours, Docks, and Piers Clauses Act 1847[^f00010];

• “the 1961 Act” means the Land Compensation Act 1961[^f00011];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00012];

• “the 1967 Act” means the Forestry Act 1967[^f00013];

• “the 1980 Act” means the Highways Act 1980[^f00014];

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981[^f00015];

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00016];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00017];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00018];

• “the 2003 Act” means the Communications Act 2003[^f00019];

• “the 2008 Act” means the Planning Act 2008[^f00020];

• “the 2009 Act” means the Marine and Coastal Access Act 2009[^f00021];

• “the 2010 Regulations” means the Community Infrastructure Levy Regulations 2010[^f00022];

• “the 2017 Regulations” means the Infrastructure Planning (Environmental ImpactAssessment) Regulations 2017[^f00023];

• “ancillary works” means the ancillary works described in Part 2 of Schedule 1 (authorised project) and any other works authorised by the Order which are not development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

• “Air Products” means Air Products (BR) Limited (company number 02532156) whose registered office is at Hersham Place Technology Park, Molesey Road, Walton on Thames, Surrey KT12 4RZ or such other person as the Secretary of State agrees;

• “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act except that, unless otherwise provided, it further includes pipelines, aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables, telecommunications equipment (including masts and cables), electricity cabinets and any pipe sleeves, ducts and culverts in which any apparatus is lodged;

• “area of jurisdiction” means so far as it falls within the UK marine area, the area extending to a distance of 186 metres in every direction from any part of Work No. 1;

• “authorised development” means the development described in Part 1 of Schedule 1 and any other development within the meaning of section 32 (meaning of “development”) of the 2008 Act authorised by this Order;

• “authorised project” means the authorised development and the ancillary works;

• “Board” means the North East Lindsey Drainage Board;

• “book of reference” means the document of that description listed in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the book of reference for the purposes of this Order;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “business day” means a day other than a Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971[^f00024];

• “carriageway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;

• “Company” means Associated British Ports (company number ZC000195) whose registered office is at 25 Bedford Street, London, WC2E 9ES;

• “construct” includes execution, placing, altering, replacing, relaying and removal and “construction is to be construed accordingly;

• “deemed marine licence” means the marine licence granted by article 47 (deemed marine licence);

• “dock master” means the dock master for the Port of Immingham statutory harbour authority area;

• “the electronic communications code” has the same meaning as in Chapter 1 (electronic communications networks and services) of Part 2 (networks, services and the radio spectrum) of the 2003 Act;

• “the electronic communications code network” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (application of the electronic communications code) of the 2003 Act; and an electronic communications network which the undertaker is providing or proposing to provide;

• “electronic transmission” means a communication transmitted by means of an electronic communications network or by other means provided it is in electronic form and in this definition “electronic communications network” has the same meaning as in section 32(1)[^f00025] (meaning of electronic communications networks and services) of the 2003 Act;

• “existing early works planning permission” means the planning permission granted by the relevant planning authority on 1 November 2024 with reference number DM/0326/24/FUL and any amendments or variations made or granted in respect of it pursuant to section 96A, section 73[^f00026] (determination of applications to develop land without compliance with conditions previously attached), section 73A[^f00027] (planning permission for development already carried out) or section 73B[^f00028] (applications for permission not substantially different from existing permission) of the 1990 Act;

• “environmental statement” means the document of that description listed in the table at Schedule 15 and which has been certified by the Secretary of State as the environmental statement for the purposes of this Order;

• “harbour master” means the harbour master for the Statutory Conservancy and Navigation Authority;

• “highway” and “highway authority” respectively have the same meaning as in section 328 (meaning of “highway”) and section 1 (highway authorities: general provision) of the 1980 Act;

• “land plans” means the plans of that description listed in the table at Schedule 15 and which are certified by the Secretary of State as the land plans for the purposes of this Order;

• “level of high water” means the level of mean high-water springs;

• “Long Strip” means the area shown edged blue and labelled “Tree Preservation Order” on the plan of potentially affected hedgerows and trees subject to preservation orders;

• “Long Strip construction environmental management plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) and which has been certified by the Secretary of State as the Long Strip construction environmental management plan for the purposes of this Order;

• “maintain” includes inspect, repair, adjust, alter, remove or reconstruct, provided such works do not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement, and any derivative of “maintain is to be construed accordingly”;

• “MMO” means the Marine Management Organisation;

• “new early works planning permission” means any planning permission granted under the 1990 Act prior to the service of notice under article 55(3) for works also comprised in Work No. 2, Work No. 3, Work No 5 or Work No. 7 (including any further associated development to which paragraph 11 of Part 1 (authorised development) of Schedule 1 (authorised project) refers) or any part of them, and any amendments or variations made or granted in respect of such planning permission pursuant to section 96A[^f00029] (power to make non-material changes to planning permission or permission in principle), section 73, section 73A or section 73B of the 1990 Act, except an existing early works planning permission;

• “operational use” means the relevant part of the authorised project being in operation after construction and commissioning is complete;

• “Order land” means the land shown shaded pink, blue, green and purple and shown shaded and hatched blue (in each case) on the land plans and described in the book of reference;

• “Order limits” means the Order limits shown on the works plans within which the authorised development may be carried out;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981[^f00030];

• “plan of potentially affected hedgerows and trees subject to preservation orders” means the plan of that description listed in the table at Schedule 15 and which has been certified by the Secretary of State as the plan of potentially affected hedgerows and trees subject to preservation orders for the purposes of this Order;

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

• “relevant planning authority” means the local planning authority for the land in question, being North East Lincolnshire Council or any successor to it as the local planning authority;

• “requirements” means the requirements listed in Schedule 2 (requirements), and any reference to a numbered requirement is to be construed accordingly;

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

• “sea” has the same meaning as that given at section 42(3) (UK marine area) of the 2009 Act;

• “Statutory Conservancy and Navigation Authority” means the statutory conservancy and navigation authority for the River Humber (as successor to the Conservancy Commissioners established under the Humber Conservancy Act 1868[^f00031]) and includes its role as competent harbour authority and local lighthouse authority for its statutory area;

• “statutory harbour authority” means the Company in its capacity as the local lighthouse authority and as the statutory harbour authority for the Port of Immingham including that part of the estuary of the River Humber immediately adjacent to that port;

• “statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;

• “street” means a street within the meaning of section 48[^f00032] (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any footpath;

• “street authority”, in relation to a street, has the same meaning as in section 49[^f00033] (the street authority) of the 1991 Act;

• “street works” means the works listed in article 7 (street works);

• “stopping up and restriction of use of streets and public rights of way plan” means the plan of that description listed in the table at Schedule 15 and which has been certified by the Secretary of State as the stopping up and restriction of use of streets and public rights of way plan for the purposes of this Order;

• “street works and accesses plan” means the plan of that description listed in the table at Schedule 15 and which has been certified by the Secretary of State as the street works and accesses plan for the purposes of this Order;

• “traffic authority” has the same meaning as in section 121A[^f00034] (traffic authorities) of the 1984 Act;

• “tidal works” means so much of the authorised project as is on, under or over tidal waters or tidal lands below the level of high water;

• “Trinity House” means the Corporation of Trinity House of Deptford Strond;

• “Upper Tribunal” means the Lands Chamber of the Upper Tribunal;

• “UK marine area” has the meaning given to it in section 42 (UK marine area) of the 2009 Act;

• “undertaker” means, subject to article 46 (benefit of the Order)— the Company; Air Products in respect of the following provisions— article 19 (authority to survey and investigate the land); article 20 (protective works); article 0 (temporary use of land for constructing the authorised project); article 32 (temporary use of land for maintaining the authorised project), so far as they relate to the land shown as plots 3/2, 4/5, 4/7, 4/8, 4/9, 4/16, 4/17, 4/18, 4/19, 4/20, 4/21, 4/22, 4/23, 4/26, 4/28, 4/29, 4/30, 4/32, 5/3, 5/4, 5/7, 5/8, 5/10, 5/11, 5/12, 5/13, 5/14, 5/15, 5/18, 5/20, 5/22, 5/23, 5/24, 5/25, 5/27, 5/28, 5/29, 5/30, 5/32, 5/33, 5/36, 5/37, 5/38, 5/39, 5/45, 6/6, 6/14, 6/15, 6/16, 6/18, 6/19, 7/1, 7/2, 7/3, 7/4, 7/5, 7/6, 7/7, 7/8, 7/9, 7/10, 7/11, 7/12, 7/15, 7/16, 7/17, 7/18, 7/20, 7/21, 7/22 and 7/23 on the land plans and described in the book of reference and (where applicable on the terms of those provisions) land outside the Order limits except (in each aforementioned case) in respect of any interests of the Company; and any person who has the benefit of the Order in accordance with section 156 (benefit of order granting development consent) of the 2008 Act;

• “vessel” means every description of vessel, however propelled or moved, and includes a displacement and 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 in water and which is at the time in, on, or over water;

• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

• “works plans” means the plans of that description listed in the table at Schedule 15 and which are certified by the Secretary of State as the works plans for the purposes of this Order.

• (2) References in this Order to rights over land include references to rights to do or restrain or to place and maintain anything in, on or under land or in the airspace above its surface and to any trusts or incidents (including restrictive covenants) to which the land is subject and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or over which rights are created and acquired under this Order or is otherwise comprised in the Order limits.

• (3) All measurements of distances, directions, lengths and volumes referred to in this Order are approximate and distances between lines or points on a numbered work comprised in the authorised project and shown on the works plans are to be taken to be measured along that work.

• (4) References in this Order to numbered works are references to the works comprising the authorised project as numbered in Part 1 of Schedule 1 (authorised project) and shown on the works plans and a reference in this Order to a work designated by a number, or by a combination of letters and numbers, is a reference to the work so designated in that Schedule.

• (5) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

• (6) References in this Order to points identified by letters, with or without numbers, are to be construed as references to points so lettered on the plan to which the reference applies.

• (7) In this Order, the expression “includes” is to be construed without limitation.

• (8) In this Order, references to any statutory body include that body’s successor bodies.

Disapplication of legislative provisions

3

• (1) The following provisions do not apply in relation to activities carried out for the purpose of, or in connection with, the construction, maintenance, use or decommissioning of the authorised project—

• (a) section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991[^f00035];

• (b) the provisions of any byelaws made under section 66[^f00036] (powers to make byelaws) of the Land Drainage Act 1991;

• (c) the provisions of any byelaws made under, or having effect as if made under, paragraph 5 of Schedule 25 (byelaw – making powers of the appropriate agency) to the Water Resources Act 1991[^f00037];

• (d) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016[^f00038] in respect of a flood risk activity only; and

• (e) the provisions of the Neighbourhood Planning Act 2017[^f00039] insofar as they relate to temporary possession of land under articles 0 (temporary use of land for carrying out the authorised project) and 32 (temporary use of land for maintaining the authorised project) of this Order.