SCHEDULE 9Protective provisions

PART 11For the protection of Phillips 66 Limited

Authorisation of works details affecting pipelines or protected crossings

146.—(1) Any authorisation by P66 required under paragraph ‎145(a) must not be unreasonably withheld but may be given subject to such reasonable conditions as P66 may require to be made for—

(a)the continuing safety and operation or viability of the affected asset; and

(b)the requirement for P66 to have–

(i)uninterrupted and unimpeded emergency access with or without vehicles to the affected asset at all times; and

(ii)reasonable access with or without vehicles to inspect, repair, replace and maintain and ensure the continuing safety and operation or viability of the affected asset.

(2) Where P66 can reasonably demonstrate that the authorised development will significantly adversely affect the safety of the pipelines it is entitled to withhold its authorisation until the undertaker can demonstrate to the reasonable satisfaction of P66 that the authorised development will not significantly adversely affect the safety of the pipelines.

(3) The authorised development must be carried out in accordance with the works details authorised under paragraph ‎145 and any conditions imposed on the authorisation under sub-paragraph (1).

(4) Where there has been a reference to an expert in accordance with paragraph ‎147 and the expert gives authorisation, the authorised development must be carried out in accordance with the authorisation and conditions contained in the award of the expert under paragraph ‎147(2).