- AIL
means an abnormal indivisible load as defined in paragraph 2 of Schedule 1 (abnormal indivisible load vehicles) to the Road Vehicles (Authorisation of Special Types) (General) Order 2003;
- apparatus
has the meaning given in section 105(1) of the 1991 Act.
- approved plans
means the plans listed in Part 3 of Schedule 1 (approved plans) and such revised or supplemental plans as may be approved pursuant to the requirements;
- area of seaward construction activity
means the area of the sea within the Order limits shown on the works plan;
- authorised development
means the development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order, but does not include the temporary jetty works;
- authorised project
means the authorised development and the temporary jetty works authorised by this Order;
- book of reference
means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order (but excluding section 5 (Bridgwater C) in the book of reference so certified);
- Bridgwater Harbour Authority
means Sedgemoor District Council in its capacity under the 1845 Act as the harbour authority for the Port of Bridgwater;
- building
includes any structure or erection or any part of a building, structure or erection;
- business day
means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971;
- carriageway
has the meaning given in section 329 of the 1980 Act (interpretation);
- charges
means any charges other than ship, passenger and goods dues.
- commencement
means the carrying out of a material operation, as defined in section 155 of the Planning Act 2008 (which explains when development begins), comprised in or carried out for the purposes of the authorised project and the words “commence” and “commenced” and cognate expressions shall be construed accordingly;
- commissioning
means the process during which plant components and systems, having been constructed or modified, are made operational and verified to be in accordance with design assumptions and to have met the appropriate safety criteria;
- consented work
means a work that is required to be consented under the terms of the Water Resources Act 1991, the Land Drainage Act 1991 or the Wessex Water Authority Land Drainage Byelaws irrespective of any status as a statutory undertaker under those provisions;
- Construction Method Statement
means Annex 2 to the Environmental Statement;
- damage
includes scouring and erosion and “damaged” shall be construed accordingly;
- development
means the carrying out of a material operation, as defined in section 155 of the Planning Act 2008, comprised in or carried out for the purposes of the authorised project and such operations shall exclude non-material ecological and habitat management works;
- discharging authority
means the body responsible for giving any agreement or approval required by a requirement;
- drainage work
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;
- electronic transmission
means a communication transmitted—
- enter operation
means the point at which a reactor unit begins generating electricity at or near its rated output;
- Environmental Statement
means the environmental statement submitted by the undertaker with its application for development consent in respect of the authorised project;
- erosion
means any erosion of the bed or shore of the sea or of the bed or banks of any river;
- footpath implementation plan
means a written plan agreed between the undertaker and the highway authority for creation or improvement of a footpath to a specified standard;
- general direction
means a direction given by the undertaker under article 71 (general directions to vessels);
- harbour
means the harbour as comprised within the harbour limits to be constructed by the undertaker in pursuance of the powers conferred on it by this Order, and all other works, land, buildings, ancillary works, plant, property and conveniences connected with it, as from time to time existing within the harbour limits;
- harbour limits
means the limits of the harbour as specified in article 58;
- harbour master
means the person appointed as such by the undertaker and includes that person’s deputies and assistants and any other person for the time being authorised by the undertaker to act, either generally or for a specific purpose, in the capacity of harbour master;
- Harbour Master for the Port of Bridgwater
means the person appointed by Bridgwater Harbour Authority to carry out the functions of a water bailiff under section 50 of the 1845 Act and known as the Harbour Master for the Port of Bridgwater;
- HGV
means any vehicle exceeding a maximum gross weight of 3.5 tonnes (being the maximum allowable total weight when loaded) travelling to or from the HPC Development Site for the purposes of the construction of the Power Station but excluding buses, minibuses and vehicles transporting abnormal indivisible loads;
- land
includes land covered by water, any interest in land or right in, to or over land;
- land plans
means the plans certified as the land plans by the Secretary of State for the purposes of this Order (but excluding sheet no. 5 (Bridgwater C Land Plan) in the land plans so certified);
- landscape restoration area
means the area marked ‘landscape restoration: landscape works brought forward pursuant to MS16’ on HPC Development Site Works Plans, Clarification of Requirements (Ref: HP/WP/REQ/01) (submitted 6th August 2012);
- level of high water
means the level of mean high-water springs;
- level of low water
means the level of mean low water neaps;
- major detailed requirements
means requirements: PW3, PW4, PW7, P10, MS16, MS17, MS18, MS19, MS20, MS21, MS22, MS25, MS26, MS28, MS30, CW1, CW2, OS3, BRIA5,...
- minor detailed requirements
means requirements, other than major detailed requirements, which require any agreement or approval of a discharging authority or permit the discharging authority to agree or approve matters otherwise than provided for in the requirement;
- north-west bund
means the earthworks and planting in the location set out in the HEO Environmental Statement Clarification Figures 11.1, 11.2 (Rev 2), 11.3 (Rev 2), 11.4 (Rev 2), 11.5 (Rev 1) and 11.6 (November 2011);
- Order limits
means the limits shown on the works plans within which the authorised project may be carried out;
- ordnance datum
means the datum line or mean sea level to which all heights are referred in the Ordnance Survey;
- outfall
means— (a) any existing land drainage outfall for which the Agency is responsible;
- permanent buildings or structures
means all buildings and structures, save those temporary construction related buildings and structures brought forward pursuant to requirements MS7, OS2, BRIA4,...
- permanent development site
means the land within the permanent development site boundary as shown on plan HINK-A1-SL-00-GA-010 (Site Layout Plan (Operational));
- permanent limits
means the limits of land for the purpose of article 24 (compulsory acquisition of land) as shown shaded pink on the land plans;
- Port of Bridgwater
means the port known as the Port of Bridgwater comprised within the area defined as the Navigation in section 101 of the 1845 Act;
- public communications provider
has the meaning given in section 151(1) of the Communications Act 2003;
- public holiday
means Christmas Day, Good Friday or a day which under section 1 of the Banking and Financial Dealings Act 1971 is a bank holiday in England and Wales;
- public sewer or drain
means a sewer or drain which belongs to the Homes and Communities Agency, the Environment Agency, a harbour authority within the meaning of section 57 of the Harbours Act 1964 (interpretation), an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation;
- public utility undertaker
has the meaning given in section 329 of the 1980 Act.
- relevant planning authority
means, in any given provision of this Order, the district planning authority for any area of land that the provision relates to, i.e.
- relevant proceedings
means any proceedings or inquiries in respect of any situation, matter, thing, happening, act, refusal, neglect or failure occurring during the period before this Part ceased to have effect in accordance with article 51 (duration of temporary jetty powers), so far as relating to the harbour or any part of the harbour (whether or not relating also to a part of the Port of Bridgwater), including, but without prejudice to the generality of the foregoing, proceedings for an offence committed or penalty incurred, or for recovery of expenses, rates, dues, fees or charges incurred, during that period.
- relocation works
means work executed, or apparatus provided, under paragraph (2);
- requirement consultee
means any body named in a requirement which is the subject of an appeal as a body to be consulted by the discharging authority in discharging that requirement.
- requirements
has the meaning given in article 3 (development consent for authorised development etc.);
- rights of way plans
means the plans certified as the rights of way plans by the Secretary of State for the purposes of this Order (but excluding sheet no. 5 (Bridgwater C Rights of Way Plan) in the rights of way plans so certified);
- site
refers to the limits of Work No. 1A as shown on sheet no. 2 and “development” refers to Work Nos. 1A, 1B and 1C.
- site preparation permission
means the planning permission in respect of land to the West of Hinkley Point, Stogursey, Bridgwater TA5 1TP granted by West Somerset District Council on 27th January 2012, with reference number 3/32/10/037;
- special direction
means a direction given by the harbour master under article 73 (special directions to vessels);
- statutory undertaker
means any person falling within section 127(8), 128(5) or 129(2) of the 2008 Act (which make provision about orders affecting statutory undertakers’ land);
- statutory utility
means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) of the Communications Act 2003 (interpretation).
- street
means a street within the meaning of section 48 of the 1991 Act (streets, street works and undertakers), together with land on the verge of a street or between two carriageways, and includes part of a street;
- temporary associated development works
means Work Nos. 3, 4A, 5A, 7A, 8A(2)(a) to (h), 9A, 10 and 11;
- temporary jetty
means Work Nos.
- temporary jetty demolition works
means Work No.
- temporary jetty harbour empowerment order
means the Hinkley Point Harbour Empowerment Order 2012;
- temporary jetty works
means Work Nos.
- the 1845 Act
means the Bridgwater Navigation and Quays Act 1845;
- the 1847 Act
means the Harbours, Docks and Piers Clauses Act 1847;
- the 1961 Act
means the Land Compensation Act 1961;
- the 1965 Act
means the Compulsory Purchase Act 1965;
- the 1980 Act
means the Highways Act 1980;
- the 1990 Act
means the Town and Country Planning Act 1990;
- the 1991 Act
means the New Roads and Street Works Act 1991;
- the 1995 Order
means the Town and Country Planning (General Permitted Development) Order 1995;
- the 2008 Act
means the Planning Act 2008;
- the Agency
means the Environment Agency;
- the appeal parties
means the discharging authority, the requirement consultee and the undertaker;
- the harbour undertaking
means the harbour undertaking of the undertaker as authorised from time to time;
- the harbour, dock or pier
means the harbour;
- the relevant date
means— whichever is later.
- the special Act
means this Order;
- the works plans
means the plans certified as the works plans by the Secretary of State for the purposes of this Order (but excluding sheet no. 13 (Bridgwater C Works Plan) in the works plans so certified).
- tidal work
means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
- TIMP
means the Traffic Incident Management Plan, dated 31st August 2012;
- tree preservation order
has the meaning given in section 198 of the 1990 Act (power to make tree preservation orders);
- Trinity House
means the Corporation of Trinity House of Deptford Strond;
- undertaker
means NNB Generation Company Limited (Company number 06937084);
- undertaking
means the generation of electricity by the undertaker as authorised from time to time;
- vessel
means every description of vessel, however propelled or moved, and includes a non- displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water.
- Waste Management Implementation Strategy
means Annex 5 to the Environmental Statement.
- watercourse
includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;