SCHEDULE 9Protective provisions

PART 11For the protection of Phillips 66 Limited

Compliance with requirements etc applying to the protected land

schedule 9 paragraph 152 + 152.—(1) Subject to sub-paragraph (2), in undertaking any works in relation to the protected land or exercising any rights relating to or affecting owners of the protected land, the undertaker must comply with such conditions, requirements or regulations relating to health, safety, security and welfare as are operated in relation to access to or activities in the relevant land including without limitation Appendix K - Code of Practice for Safe Working in the vicinity or crossing of Phillips 66 Ltd’s Pipelines and associated installations.

(2) The undertaker is not bound by any condition, requirement or regulation that is—

schedule 9 paragraph 152 2 a + (a)introduced after the date on which notice of the works was given under paragraph ‎144; or

schedule 9 paragraph 152 2 b + (b)determined by the expert following a determination under paragraph ‎160 to unreasonably—

schedule 9 paragraph 152 2 b i + (i)create significant engineering, technical or programming difficulties; or

schedule 9 paragraph 152 2 b ii + (ii)materially increase the cost of carrying out the works.

(3) Sub-paragraph (2) does not apply if the condition, requirement or regulation was introduced by way of legislation, direction or policy of the government, a relevant government agency, a local authority (exercising its public functions) or the police.