The Associated British Ports (Immingham Green Energy Terminal) Order 2025
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Change 1
24 Compulsory acquisition of rights and restrictive covenants
(1) Subject to the following provisions of this article— (a) the undertaker may acquire compulsorily such rights over the land shaded pink on the land plans and described in the book of reference or impose restrictive covenants affecting such land as may be required for any purpose for which that land may be acquired under article 22 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence; (b) the undertaker may in the case of the land shaded blue or shaded and hatched blue on the land plans, described in the book of reference and specified in columns (1) and (2) of Schedule 12 (land in which only new rights and restrictive covenants, etc. may be acquired) acquire compulsorily the existing rights and create and acquire compulsorily the new rights and impose the restrictive covenants for the purpose specified in relation to that land in column (3) of that Schedule and relating to that part of the authorised project specified in column (4) of that Schedule. (2) Subject to section 8 (other provisions as to divided land) of, and Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to, the 1965 Act, (as substituted by paragraph 4(10) of Schedule 11 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants)), where the undertaker creates or acquires a right over land or the benefit of a restrictive covenant under paragraph (1) the undertaker is not required to acquire a greater interest in that land. (3) Schedule 11 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of restrictive covenants. (4) This article is subject to article 59 (Crown rights).
24 Compulsory acquisition of rights and restrictive covenants
(1) Subject to the following provisions of this article— (a) the undertaker may acquire compulsorily such rights over the land shaded pink on the land plans and described in the book of reference or impose restrictive covenants affecting such land as may be required for any purpose for which that land may be acquired under article 22 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence; (b) the undertaker may in the case of the land shaded blue or shaded and hatched blue on the land plans, described in the book of reference and specified in columns (1) and (2) of Schedule 12 (land in which only new rights and restrictive covenants, etc. may be acquired) acquire compulsorily the existing rights and create and acquire compulsorily the new rights and impose the restrictive covenants for the purpose specified in relation to that land in column (3) of that Schedule and relating to that part of the authorised project specified in column (4) of that Schedule. (2) Subject to section 8 (other provisions as to divided land) of, and Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to, the 1965 Act, (as substituted by paragraph 4(10) of Schedule 11 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants)), where the undertaker creates or acquires a right over land or the benefit of a restrictive covenant under paragraph (1) the undertaker is not required to acquire a greater interest in that land. (3) Schedule 11 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of restrictive covenants. (4) This article is subject to article 59 (Crown rights).
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