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SCHEDULE 9Protective provisions

PART 12For the protection of Immingham Oil Terminal operators

Interpretation

163.  In this Part of this Schedule—

“affected assets” means apparatus owned or operated by the IOT Operators on or above ground which in the reasonable opinion of the IOT Operators would have the potential to be physically affected by a relevant work;

“alternative apparatus” means alternative apparatus adequate to enable the IOT Operators to fulfil its functions in a manner not less efficient than previously;

“alternative rights” means rights for the construction and for access to and for the use, protection, inspection, maintenance, repair and renewal of alternative apparatus including any restrictions on the landowner and occupiers for the protection of the alternative apparatus and to allow the IOT Operators to perform its functions;

“apparatus” means any part of the pipelines and includes—

(a)

any structure existing at the time when a particular action is to be taken under this Part of this Schedule in which apparatus is or is to be lodged or which will give access to apparatus;

(b)

any cathodic protection, coating or special wrapping of the apparatus; and

(c)

all ancillary apparatus properly appurtenant to the pipelines, that would be treated as being associated with a pipe or systems of pipes under section 65(2) of the Pipe-Lines Act 1962, as if the pipelines were a “pipe-line” in section 65(1) of that Act;

(d)

such legal interest, and benefit of property rights and covenants as are vested in respect of these items;

“APT” means Associated Petroleum Terminals (Immingham) Limited (company number 00564394), whose registered office is at Queens Road, Immingham, Grimsby, North East Lincolnshire, DN40 2PN, and in all cases any successor in title;

“authorised development” has the same meaning as that given in article 2 (interpretation) and for the purposes of this Part of this Schedule;

“commence” has the same meaning as that given in article 2 of the Order (and “commencing” must be construed accordingly);

“damage” includes all and any damage including in relation to a pipeline leakage and the weakening of the mechanical strength of a pipeline;

“deed(s) of consent” means any deed of consent, crossing agreement, deed of variation or new deed agreed between the parties acting reasonably in order to vary or replace existing easements, leases, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain and operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;

“engineer” means an engineer appointed by the IOT Operators for the purposes of this Part of this Schedule;

“functions” includes powers and duties and commercial undertaking;

“HOTT” means Humber Oil Terminals Trustee Limited (company number 00874993), whose registered office is at Queens Road, Immingham, Grimsby, North East Lincolnshire, DN40 2PN, and in all cases any successor in title;

“IOT” means the pipe-line and storage system associated with the Immingham Oil Terminal;

“IOT Operators” means APT and HOTT, acting in their capacity as operators and owners of the IOT, and any subsequent owner(s) and operator(s) of the pipelines or IOT;

“IOT Operators address” means the postal address details to be provided pursuant to paragraph ‎179;

“IOT Operators email” means the email address details to be provided pursuant to paragraph ‎179;

“party” means the undertaker and the IOT Operators and “party” is to be construed accordingly;

“pipelines” means the whole or any part of the pipelines belonging to or maintained or operated by the IOT Operators located within the multi-pipeline rack on the north side of A1173 Manby Road and all ancillary apparatus including such works and apparatus properly appurtenant to the pipelines as are specified by section 65(2) of the Pipe-Lines Act 1962;

“plans” includes all designs, drawings, sections, specifications, method statement, soil reports, programmes, calculations, risks assessment and other documents that are reasonably necessary to allow the IOT Operators to assess the relevant works to be executed properly and sufficiently and in particular must describe—

(a)

the exact position of the works;

(b)

the level at which the works are proposed to be constructed or renewed;

(c)

the manner of the works’ construction or renewal including details of excavation, position of plant etc;

(d)

the position of the affected apparatus and/or premises and any other apparatus belonging to another undertaker;

(e)

by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

(f)

any intended maintenance regime;

(g)

details of the proposed method of working and timing of execution of works; and

(h)

details of vehicle access routes for construction and operational traffic;

“premises” means land within the Order limits that the IOT Operators owns, occupies or otherwise has rights to use including but not limited to storage facilities, administrative buildings and jetties;

“relevant work” means any works that will or may be situated over, or within 15 metres measured in any direction of any of the apparatus and/premises, or will or which may have an effect on the operation, maintenance, abandonment of or access to any of the apparatus and/or premises or involves a physical connection or attachment to any apparatus; and

“works details” means the following—

(a)

a description of the proposed works together with plans and sections of the proposed works where such plans and sections are reasonably required to describe the works concerned or their location;

(b)

details of the undertaker and their principal contractors’ management of change procedures;

(c)

details of the traffic management plan, which plan must include details of vehicle access routes for construction and operational traffic and which must assess the risk from vehicle movements and include safeguards to address identified risks;

(d)

details of the electrical design of the relevant work in sufficient detail to allow an independent specialist to assess whether AC interference from the authorised development may cause damage to any of the pipelines;

(e)

details of the means by which the pipelines can be properly inspected and if necessary repaired during the construction and operation of the authorised development; and

(f)

details of the assessment and monitoring work to be undertaken both prior to the construction of the relevant work and during the operation of the authorised development to ascertain any change or damage to any pipeline cathodic protection system and the proposed remedial works.