Enactments and agreements 12. Nothing in this part of this Schedule shall affect the provisions of any enactment or
agreement regulating the relations between the undertaker and a statutory undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
Co-operation 13. Where in consequence of the proposed construction of any of the authorised development,
the undertaker or a statutory undertaker requires the removal of apparatus under paragraph 5(2) or a statutory undertaker makes requirements for the protection or alteration of apparatus under paragraph 7 or 8 the undertaker shall use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the statutory undertaker’s undertaking and each statutory undertaker shall use its best endeavours to co-operate with the undertaker for that purpose.
Access 14. If in consequence of the agreement reached in accordance with paragraph 4 or the powers
granted under this Order the access to any apparatus is materially obstructed, the undertaker shall provide such alternative means of access to such apparatus as will enable the statutory undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.
Arbitration 15. Save for differences or disputes arising under paragraphs 5(2) and (4), 6(1), 7 and 8 any
difference or dispute arising between the undertaker and a statutory undertaker under this Schedule shall, unless otherwise agreed in writing between the undertaker and that statutory undertaker, be determined by arbitration in accordance with article 34 (arbitration).
SCHEDULE 10
Article 29
Deemed licence under the Marine and Coastal Access Act 2009 – generation assets
PART 1 Licensed marine activities
1.—(1) In this licence— “the 2008 Act” means the Planning Act 2008(a); “the 2009 Act” means the Marine and Coastal Access Act 2009(b);
“Annex 1 Habitat” means such habitat as defined under the EU Council Directive 92/43/EEC(c) on the Conservation of Natural Habitats and of Wild Fauna and Flora;
(a) 1990 c.8. (b) 2009 c.23. (c) OJ No L 206, 22.7.93, p7.
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