PART 7MISCELLANEOUS AND GENERAL

Application of local legislation, etc.

55.—(1) The following local enactments, orders and local byelaws, and any byelaws or other provisions made under any of those enactments, orders or byelaws, are hereby excluded and do not apply insofar as inconsistent with a provision, of or a power conferred by, this Order—

(a)an Act for making and maintaining a navigable Canal, from the River Thames, near to the Town of Gravesend, in the County of Kent, to the River Medway, at a Place called Nicholson’s Ship Yard, in the Parish of Frindsbury, in the said County; and also a certain Collateral Cut, from White Wall in the said Parish, to the said River Medway(1);

(b)an Act for enabling the Company of Proprietors of the Thames and Medway Canal, to vary the Line of the said Canal, and to raise a further Sum of Money for completing the said Canal and the Works thereunto belonging; and for altering and enlarging the Powers of an Act, made in the Thirty-ninth and Fortieth Year of the Reign of His present Majesty, for making the said Canal and a Collateral Cut thereto(2);

(c)an Act for enabling the Company of Proprietors of the Thames and Medway Canal to vary the Line of the said Canal; and for altering and enlarging the Powers of Two Acts passed in the Fortieth and Forty-fourth Years of His present Majesty, for making the said Canal and a Collateral Cut thereto(3);

(d)the 1825 Act;

(e)Commons Regulation (West Tilbury) Provisional Order Confirmation Act 1893(4);

(f)Medway and Thames Canal Act 1902(5);

(g)London Overground Wires Act 1933(6);

(h)London, Midland and Scottish Railway Act 1936(7);

(i)Thames Barrier and Flood Prevention Act 1972(8);

(j)County of Kent Act 1981(9);

(k)Greater London Council (General Powers) Act 1986(10);

(l)Essex Act 1987(11);

(m)Channel Tunnel Rail Link Act 1996(12);

(n)byelaws of the Rural District Council of Romford as to the nuisances in connection with the removal of offensive noxious matters 1899;

(o)byelaws of the Rural District Council of Romford for the prevention of nuisances 1902;

(p)byelaws of the Rural District Council of Romford with respect to the Drainage of Buildings 1908;

(q)Essex County Council byelaws for the Good Rule and Government 1938;

(r)Urban District of Hornchurch byelaws for Nuisances 1938;

(s)Urban District Council of Hornchurch byelaws as to removal through streets of offensive or noxious matter or liquid 1938;

(t)byelaws of the Urban District Council of Thurrock as to certain nuisances 1970;

(u)byelaws of Gravesham Borough Council in respect of pleasure grounds known as Thong Lane Sports Ground 1970;

(v)byelaws of the Borough of Medway in respect of pleasure grounds 1976;

(w)Thames Water Authority Land Drainage Byelaws 1981; and

(x)any other byelaws made under section 235 of the Local Government Act 1972(13).

(2) For the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order if and insofar as (in particular)—

(a)it would make it an offence to take action, or not to take action, in pursuance of a power conferred by this Order;

(b)action taken in pursuance of a power conferred by this Order would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken; or

(c)action taken in pursuance of a power or duty under the provisions would or might interfere with the exercise of any work authorised by this Order.

(3) Where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and at any rate within 14 days of receipt of the notice, respond in writing setting out—

(a)whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application;

(b)if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded by this article; and

(c)the extent of that exclusion.

(4) Section 42 (certain future local Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided) of the Local Government (Miscellaneous Provisions) Act 1976(14)will not apply to the extent that it would make provisions of this Order authorising the construction, operation and maintenance of the authorised development subject to other provisions.

(5) Without prejudice to Part 10 (for the protection of Tilbury London Limited) of Schedule 14 (protective provisions), to the extent that there is any inconsistency or conflict between any works authorised under this Order, works carried out in connection with the authorised development, or the exercise by the undertaker of the functions conferred by this Order and all or any of the provisions of the Port of Tilbury (Expansion) Order 2019(15) (“the 2019 Order”) then, in respect of such inconsistency or conflict, there is deemed to be no breach, or non-compliance, of any provision or requirement of the 2019 Order by the Port of Tilbury London Limited or the undertaker.