The Teesport Harbour Revision Order 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/1160 |
| Year | 2008 |
2008 No. 1160
Harbours, Docks, Piers And Ferries
The Teesport Harbour Revision Order 2008
Made 18th April 2008
Coming into force 8th May 2008
PD Teesport Limited has applied for a harbour revision order under section 14 of the Harbours Act 19641(“the Act”);
The Secretary of State is satisfied as mentioned in section 14(2)(b) of that Act;
The Secretary of State for Transport (being the appropriate Minister under subsection (7) of section 142of that Act) in exercise of the powers conferred by that section and now vested in her3, makes the following Order:—
PART 1
PRELIMINARY
Citation and commencement
1.—(1) This Order may be cited as the Teesport Harbour Revision Order 2008 and shall come into force on 8th May 2008.
(2) The Tees and Hartlepool Port Authority Acts and Orders 1966 to 1982, the Tees and Hartlepool Port Authority Scheme 1991 Confirmation Order 19914(“the existing enactments”) and this Order may be cited together as the Teesport Acts and Orders 1966 to 2008.
Interpretation
2.—(1) In this Order—
“the Company” means PD Teesport Limited, a company incorporated under the Companies Act 19855whose registered number is 2636007;
“deposited plans” and “deposited sections” mean respectively the plans and sections (numbered sheets 1, 2, 3 and 4) prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “The Teesport Harbour Revision Order 2008” of which copies are deposited at the offices of the Secretary of State for Transport and the head office of the Company;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“the river” means the river Tees;
“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;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“the undertaking” means the harbour undertaking of the Company as from time to time existing;
“works” means any works authorised by articles 3 (Power to construct works) and 5 (Subsidiary works).
(2) All points, directions, lengths, areas and other measurements stated in this Order (other than the limits of deviation) shall be construed as if the words “or thereabouts” were inserted after each such point, direction, length, area or other measurement.
(3) Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
(4) References in the existing enactments to the undertaking of the Company shall be construed as including references to any works carried on by the Company or any of its subsidiaries under or by virtue of this Order.
PART 2
WORKS PROVISIONS
Power to construct works
3.—(1) Subject to the provisions of this Order, the Company may in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation shown thereon and according to the levels shown on the deposited sections, construct and maintain the following works in the Borough of Redcar and Cleveland, with all necessary works and conveniences connected therewith—
Work No.1 A wall, including a quay face 1035 metres in length forming berths for vessels, extending into the river enclosing an area of 9 hectares, commencing by a retaining wall south of Teesport Container Terminal 1 at a point at NZ523696454563, thence extending in a straight line into Tees Dock at Potash Quay to a point at NZ523660454526, thence extending in a straight line to a point at NZ523672454514, thence extending in a straight line to the commencement of the quay face at a point at NZ523698454540, thence extending in a straight line in the river to the termination of the quay face at a point at NZ524685454869, thence extending in a straight line by means of a retaining wall to a point at NZ524718454880, thence extending in a straight line to a point at NZ524712454899 at Dabholm Gut, thence extending in a straight line to a point at NZ524678454888, thence extending in a straight line and terminating at a point at NZ524663454935.
Work No 2 A floating pontoon steel fabrication linkspan bridge commencing on the bank of the river at a point at NZ523319454175 and terminating in the river at a point at NZ523382454135 and a series of dolphins forming a mooring and berthing line, including the excavation of that part of the bank of the river under the proposed linkspan bridge and the removal of the Queen Elizabeth II Quay.
(2) The Company may, for the purposes of Work No.1 authorised by paragraph (1), demolish and remove any structures lying within the limits of deviation of Work No.1 (including Teesport Container Terminal 1, the former oil jetty and the roll on - roll off facility at the entrance to Dabholm Gut) and enclose and reclaim so much of the bed of the river and of the foreshore as lies within the limits of deviation and may hold and use the same as part of the undertaking.
(3) Subject to the provisions of this Order, the Company may, within the limits of deviation, reconstruct, extend, enlarge, replace or relay the work and may maintain the same as reconstructed, extended, enlarged, replaced or relaid.
(4) The works shall for all purposes form part of the undertaking.
Power to deviate
4. In the construction of the works authorised by article 3 (Power to construct works) the Company may deviate laterally from the lines or situations thereof shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works shown on the deposited sections to any extent not exceeding 1 metre upwards and to any extent downwards as may be found necessary or convenient.
Subsidiary works
5.—(1) The Company may from time to time within the limits of deviation provide and operate such dock facilities, together with works ancillary to those facilities, as may be necessary or convenient for the construction of the works or the operation of the undertaking and for this purpose the Company may construct and maintain buildings, foundations, fences, gates, tanks, pumps, conduits, pipes, drains, wires, mains, cables, electrical substations, signals, conveyors, cranes, container handling equipment, lifts, hoists, lighting columns, weighbridges, stairs, ladders, stages, platforms, catwalks, equipment, machinery and appliances and such other works and conveniences as may be necessary or expedient.
(2) Without prejudice to paragraph (1), the Company may, within the limits of deviation, carry out and maintain such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance or use of the works including—
(a)
(a) works for the accommodation or convenience of vessels (including dolphins and pontoons); and
(b)
(b) works to alter or extend the position of apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical substations and electrical lines.
Period for completion of works
6.—(1) Subject to paragraph (2), if the works are not completed within ten years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Company for making and maintaining the works shall cease except as to so much thereof as is then substantially commenced.
(2) Nothing in paragraph (1) shall apply to any works carried out under paragraph (3) of article 3 (Power to construct works) or article 5 (Subsidiary works).
Power to dredge
7.—(1) The Company may, for the purposes of constructing and maintaining the works and of affording access to the works by vessels from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the river as adjoin or are near to the works and the approaches thereto and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 19956), from time to time dredged by them.
(2) No such materials shall be laid down or deposited—
(a)
(a) in contravention of the provisions of any enactment as respects the disposal of waste; or
(b)
(b) in any...
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