SCHEDULE 9Protective provisions

PART 12For the protection of Immingham Oil Terminal operators

Authorisation of works details affecting pipelines or protected crossings

168.—(1) In the event that—

(a)the undertaker considers that the IOT Operators have unreasonably withheld their authorisation under paragraph ‎166(1); or

(b)the undertaker considers that the IOT Operators have given their authorisation under paragraph ‎166(1) subject to unreasonable conditions,

the undertaker may refer the matter for determination under paragraph ‎178.

(2) Where the matter is referred to an expert under paragraph ‎168(1) the expert is to determine whether or not authorisation should be given and, if so, the conditions which should reasonably be attached to the authorisation under sub-paragraphs (a) and (b) of paragraph ‎168(1).

(3) Where the undertaker considers that the IOT Operators has unreasonably withheld its authorisation under paragraph ‎168(1) then the matter may be referred to an expert on the application of either party (after giving notice in writing to each other) appointed by the secretary of the United Kingdom Onshore Pipeline Association for determination under paragraph ‎178.