The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010

means whichever of the following dates first occurs—

means any accumulation of silt or other material causing damage or a reasonable expectation of damage to flood defences managed by the Agency;

means the area described in Schedule 5 (extension of limits of jurisdiction for purposes of pilotage);

means above Ordnance Datum (Newlyn);

includes archaeological investigations, assessments and reporting;

means the use of the works to generate revenue from shipping but, without limitation, does not include activities related to the construction, marketing, security or maintenance of the works.

means a code setting out measures to be employed in the construction of the works so as to mitigate the impact of those works, based on the measures identified in the environmental information submitted to the Secretary of State in connection with the application for this Order.

includes execution and placing and, in its application to works which include or comprise any operation, means the carrying out of that operation but does not include maintenance dredging, and “construct” and “constructed” shall be construed accordingly;

means any damage to the bed or banks of the river or any adverse effect upon the structure or operation of any outfall, flood or sea defences or any jetty or other structure under the jurisdiction of the Agency for the purposes of the Water Resources Act 1991.

means the site identified for disposal and described by latitudinal and longitudinal co-ordinates as given in the consent related to the works granted under the Food and Environment Protection Act 1985 or any other consent or licence granted for this project;

means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment, outfall or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

means any erosion of the bed or shore of the sea or of the bed or banks of any river;

means a tidal work as defined in article 2(1) and any work referred to in article 5 (power to dredge the Severn Estuary);

means the area within which the Gloucester Harbour Trustees have authority as defined in article 11 of the Gloucester Harbour Revision (Constitution) Order 2002;

means any person appointed as such by the Company under section 51 of the 1847 Act;

means the level of mean high-water springs;

means the disused lighthouse situated at the seaward limit of the North Pier;

means the limits of construction activity shown on sheet 10 of the deposited plans;

means the limits of deviation for Works Nos. 1 to 6 shown on the deposited plans;

means the limits of deviation for the operations authorised by article 5 (power to dredge the Severn Estuary) and shown marked “LODD” on the deposited plans;

includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;

means any dredging operations carried out under article 5 (power to dredge the Severn Estuary) in order to maintain the areas referred to in Schedule 3 (dredging works) to their respective depths, widths and positions as set out in that Schedule;

means the port or harbour of Newport as defined in section 5 of the Newport (Monmouthshire) Harbour Act 1890;

means— (a) any existing land drainage outfall for which the Agency is responsible;

includes sections, drawings, specifications and method statements;

means the relevant point shown on the deposited plans and the co-ordinates of which are set out below.

means the Bristol Deep Sea Container Terminal Port Management Plan agreed between the Company and the Highways Agency of the Secretary of State for Transport (“Highways Agency”) dated December 2008 as it may be amended from time to time;

means the limits of the docks and harbour at Barry as defined and extended by section 14(2) of the British Transport Docks Act 1972;

means the limits of the port of Bridgwater as established under the Bridgwater Navigation and Quays Act 1845;

means the limits of the docks and harbour at Cardiff as defined and extended by section 15(2) of the British Transport Docks Act 1972 and as having effect in accordance with section 17 of the Cardiff Bay Barrage Act 1993.

means any archaeological work which is in the Scheme expressed as being required to be carried out by the Company after the completion of construction of a relevant work;

means any archaeological work which is in the Scheme expressed as being required to be carried out by the Company before the commencement of construction of a relevant work;

means any and each of the following— (a) Works Nos. 1, 2, 3, 4, 5 and 6 or any of them;

means the suitably qualified and experienced archaeologist or archaeological organisation to be employed and retained by the Company as required by the Scheme to supervise the implementation of the Scheme;

means the Written Scheme of Investigation relating to the works agreed between the Company and English Heritage prepared by Wessex Archaeology under reference 70440.5 and dated 18 December 2008 and including a Dredge Reporting Protocol, and the definition shall include all method statements and generic method statements agreed pursuant to the Scheme and all amendments and revisions to the Scheme from time to time.

means so much of any work or operation authorised by this Order as is in, under, over or within 16 metres of a drainage work or is otherwise likely to— (a) affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

means the Harbours, Docks and Piers Clauses Act 1847 as incorporated with the Bristol Dock Acts and Orders 1848 to 1993;

means the Town and Country Planning Act 1990;

means the Port of Bristol Harbour Revision Order 1993;

means the Town and Country Planning (General Permitted Development) Order 1995;

means the Environment Agency;

means the byelaws made by the Company on 25 November 2005 and confirmed by the Secretary of State on 1 December 2005.

means First Corporate Shipping Limited, a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 2542406;

means the area within which the Company had jurisdiction as harbour authority pursuant to article 3 of the 1993 Order immediately before the coming into force of this Order;

means any waters containing fish and fish in, or migrating to or from, such waters and the spawn, habitat or food of such fish;

means the plan entitled “The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010 - Bristol Channel Added Pilotage Area” prepared in duplicate and signed by the Head of Ports Division in the Department for Transport of which one copy has been deposited at the offices of the Secretary of State for Transport and the other at the principal office of the Company at St Andrew’s House, St Andrew’s Road, Avonmouth, Bristol BS11 9DQ;

means Works Nos. 1 to 6.

means so much of the works as is on, under or over tidal waters or tidal lands below the level of high water but excluding any operations authorised by article 5 (power to dredge the Severn Estuary) and excluding the projection over waters by booms, cranes and similar plant and machinery operating within the designated harbour;

means the Corporation of Trinity House of Deptford Strond;

means the harbour undertaking of the Company from time to time, including all real and personal property and works acquired, appropriated or provided by the Company for that purpose;

means every description of vessel, however propelled or moved, and includes non-displacement craft, a hovercraft (within the meaning of the Hovercraft Act 1968), a hydrofoil vessel and any other thing constructed or used to carry or propel persons or goods by or across water;

includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows (whether or not the flow is intermittent) except a public sewer.

means the works and operations authorised by this Order, or any part of such works.