The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024
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Change 1
10 Compulsory acquisition of rights
(1) Subject to the following paragraphs of this article, the undertaker may acquire compulsorily such rights over the Order land or impose restrictive covenants affecting the land as is required for the carrying out and use of the authorised development, by creating them as well as acquiring rights already in existence. (2) In the case of the Order land specified in column (1) of Schedule 6 (land in which new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants to the extent specified in relation to that land in column (3) of that Schedule and for the purposes of that part of the authorised development specified in column (2) of that Schedule. (3) Subject to section 8 (other provisions as to divided land) of the 1965 Act, as modified by Schedule 5 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants), where the undertaker acquires a right over land or imposes a restriction under paragraph (1), the undertaker is not required to acquire a greater interest in that land. (4) Schedule 5 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.
10 Compulsory acquisition of rights
(1) Subject to the following paragraphs of this article, the undertaker may acquire compulsorily such rights over the Order land or impose restrictive covenants affecting the land as is required for the carrying out and use of the authorised development, by creating them as well as acquiring rights already in existence. (2) In the case of the Order land specified in column (1) of Schedule 6 (land in which new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants to the extent specified in relation to that land in column (3) of that Schedule and for the purposes of that part of the authorised development specified in column (2) of that Schedule. (3) Subject to section 8 (other provisions as to divided land) of the 1965 Act, as modified by Schedule 5 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants), where the undertaker acquires a right over land or imposes a restriction under paragraph (1), the undertaker is not required to acquire a greater interest in that land. (4) Schedule 5 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.
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