Announcements

GNI(UK) Limited THE PIPE-LINESACT 1962
Notice pursuant to regulation 3(5) of thePipe-LineWorks (Environmental Impact Assessment)Regulations2000 Re.SWSOS,Pipelinetwinnng, PCI, section from Cluden to Brighouse Bay, ref. EC00005198.
Notice is hereby giventhatGNI (UK) Limited,with company registrationno. 2827969, and registered addressat5th Floor,6St. Andrew Street,London,EC4A 3AE hasobtained aPipe-line Construction Authorisation(PCA) fora7.2km GasPipe-line located to the west of Dumfries between Cluden (GridReference NX932796) and Lochfoot (GridReference NX898743) from the Scottish Ministers.
In 2001 aPCA wasgranted in favour of the developer forthe construction of a915mm gas pipeline from Beattock compressor stationtoBrighouse compressor stationand a 762mm gas pipeline from Brighouse BaytoSolway Firth along aspecified route(with a 200m limit of deviation), the Project.This PCAhas been partiallyimplemented,however GNI (UK) Ltdidentifiedthe need fora7.2km re-route between Cluden and Lochfoot followingconsultationwith Scottish Waterwho raised concern regardingpotential impacts on groundwater, the suggested re-route forwhichPCA is sought avoids this area of concern.
TheProjecthas been also recognised by the European Commissionasa'Project of Commonlnterest' (PCI). The reasoningbehind this recognitionisthatuponcompletionthe twin pipeline sectionfromCluden to Brighouse Baywould addressthe current pressurerestriction in the onshore system,completeaduel pipeline system between Ireland and the United Kingdom and remove gas securitysupplyconcerns.
TheScottish Ministersgrant aPipe-line Construction Authorisationunder section1ofthe Pipe-lines Act1962 forthe pipe-line described below.
Subject to the conditionsset outbelow, the Scottish Ministers, by virtue of section5ofthe Pipe-lines Act 1962, approve PlanningPermissionfor the development as setout in thePipe-line Construction Authorisationoutlined in Annexl: Annex 1
ThePipe-Lines Act1962
Scotland to Ireland
Second GasInterconnector Project
Scottish Land Pipe-line Cluden to Lochfoot
1. In pursuance of Section1of, and Schedule 1tothe Pipe-lines Act1962, Scottish Ministershereby authorise GNI (UK) Limited (Company number 2827969 and havingits registered office at 6^th floor, 6StAndrew Street,London EC4A 3AE), toexecuteworks in land forthe construction ofa914.0mm (36 inches) cross-countrypipe-line whichistobefor the conveyance of Natural Gasbetweenthe NationalGridReference NX932796 796 and endingatthe NationalGrid Reference NX 898 743along the routedelineated by the continuousred line on the mapannexedhereto, signed by a personauthorised by Scottish Ministers, or within 200 metres therefrom.

2. Scottish Ministershereby direct,inpursuance of section5ofthe Pipe-lines Act 1962, that,insofar as the execution of the works authorised by, or by virtue of,this authorisation, or any change in the useofland whichisinvolvedinthe executionofthose works,constitutesdevelopment within the meaningofthe Town and Country Planning(Scotland) Act1997, permissionfor that development is deemedtobegranted under Part III of that Act, subject to the conditions specified in Annex3hereto.

Annex 2
Obligationsunderthe Pipe-lines Act1962
1. Section35ofthe Act-The Company shallforthwith after the grant of the Pipe-line Construction Authorisation, deposit with theplanningauthorityacopyofthe mapannexedtothe authorisationthatshows the routethatlies within the planningauthorityarea.

2. Section36ofthe Act-Notice shall be giventoScottish Ministers, within twoweeks of;

(a) Commencement of useofthe pipe-line;

(b) Theabandonment of the pipe-line;

(c) Theexpirationofthree yearsfromthe dateonwhichthe pipe-line waslast used;

(d) Theresumptionofthe useofthe pipe-line.

3. Section37ofthe Act-Arrangements shall be made in advance whereby variousauthorities can be givenimmediate notice of the accidental escape or ignitionofanythinginthe pipe-line, and,ifrequested,tofurnish informationand maps to those authorities.

4. Section38ofthe Act-Notice shall be givenwithin three weeks to the Scottish Ministersand every personwho is an owner,lessee or occupiersofland in whichany partofthe pipe-line lies,ofachangeofownership of the pipe-line.

Annex 3-Conditionsattached to deemed planningpermission
1. Exceptasotherwise required by the terms of Pipe-line Construction Authorisation, the Developmentshall be undertaken in accordance with the application and the environmental statement lodged in supportofthe application

Reason: to ensurethatthe Development is carriedout in accordancewith theapproved details.
to ensurethatthe Development is carriedout in accordancewith theapproved details.
2. (1) Priortoany works commencingonsite, the Company shallappoint an independent Ecological Clerk of Works (ECoW) with the powertostopand startworkasrequired. TheECoWshall:

a) Monitor and supportcompliance with the ecological and hydrological commitments provided in the environmental statement and the Construction and Environmental ManagementPlan and Habitat ManagementPlans as approvedand any other plans as approvedbythis authorisation;

b) Report to and submit amonthlywritten report to the Company's nominatedconstruction project manager;

c) Reporttothe Company's nominatedconstruction project manager anyincidences of non-compliance with the ECoW works at the earliest practical opportunity;

d) Liaise with SEPAwhen pollutionoccurs.

(2) TheECoWreportsshall be made availabletothe PlanningAuthorityonrequest.

(3) TheECoWshall be appointed throughoutthe period from Commencement of Developmentthroughoutany period of construction activityand duringany period of post construction restorationworks approvedinterms of condition 3(o) Reason: to secureeffectivemonitorinaofand compliance with theenvironmental mitigation andmanaaement measures associatedwith theDevelopment.

Reason:
3. (1) Priortoany works commencingonsite, aConstruction and Environmental ManagementPlan (CEMP) containing sitespecific details of all on-siteconstruction works,post-construction reinstatement,drainageand mitigation, together with details of their timetabling, shall be submitted to and approvedinwritingbythe PlanningAuthorityinconsultation

with SNH, SEPAand Scottish Water. (2)The CEMP shall include:
a) Asitewastemanagementplan dealingwith all aspects of wasteproduced duringthe construction period other than peat,includingdetails of contingency planninginthe event of accidental release of materials whichcould cause harm to the environment;

b) Details of the formationofthe construction compound, welfarefacilities,any areas of hardstanding, turning areas,internal accesstracks, car parking, material stockpiles,oil storage, lightingcolumns and anyconstruction compoundboundary fencing;

c) Adustmanagementplan;

d) Details of measures to be takentoprevent loose or deleteriousmaterial beingdeposited on the local road network, includingwheel cleaningand lorry sheetingfacilities and measures to clean the siteentrances and the adjacent local road network;

e) Apollutionpreventionand control method statement,includingarrangements forthe storageand management of oil and fuelonthe site;

f) Details of soil storageand management;

g) Apeatmanagementplan,includingdetails of vegetatedturfstripping and storage, peat excavation(including volumes), handling, storageand re-use;

h) Adrainagemanagementstrategy, demonstratinghow all surfaceand wastewater arisingduringand after development is to be managed and prevented from pollutingany watercourses or sources;

i) Asurfacewater and groundwatermanagementand treatmentplan,includingdetails of the separationofclean and dirty waterdrains,and location of settlement lagoons forsilt laden water;

j) All temporarybridgesorflumes to be used duringconstruction shall be hydro-logicallyassessed to ensurethere
will be no capacityissues in extreme weather events,i.e. 1in 200 year design peak flow; k) Details of sewage disposal and treatment; l) Details of temporarysiteillumination;
m) Details of the construction of the accessintothe siteand the creationand maintenance of associated visibility splays;
n) Details of watercourse crossings;
o) Details of post construction restoration/reinstatement of the workingareas includingconstruction accesstracks, construction compound, storageareas,laydown areas,accesstracks, passingplaces and other construction areas.Whereverpossible,reinstatementistobeachievedbythecarefuluseofturfsremovedpriortoconstruction works.Details shouldinclude all seed mixes to be used forthe reinstatement of vegetation;
p) Awetland ecosystems surveyand mitigationplan;
q) Afellingand tree managementplan;
r) Details of diversionsfor accesstocorepaths rights of way. (3) TheDevelopment shallbeimplemented thereafter in accordance with the approvedCEMP unlessotherwise approvedinadvance in writingbythe PlanningAuthorityinconsultationwith SNH, SEPAand Scottish Water. Reason: to ensurethatall construction operations arecarriedout in amanner that minimisestheirimpact on road safety, amenityand theenvironment,and that themitigation measures contained in theEnvironmental Statement accompanyingthe application,orasotherwise agree, arefully implemented.
Reason:
4. (1) Priortoany works commencingonsite, the terms of appointment by the Company of an independentand suitably qualified environmental consultant as PlanningMonitoringOfficer ("PMO") shall be submitted to, and approvedinwriting by, the PlanningAuthority. Theterms of the appointment shall:

a) impose adutytomonitor compliance with the terms of the deemed planningpermissionand the

conditionsattached to it;
b)requirethePMOtosubmitamonthlyreporttothePlanningAuthoritysummarisingworksundertakenonsite;and c) requirethe PMOtoreport to the PlanningAuthorityany incidences of non-compliance with the terms of the deemed planningpermissionand conditionsattached to it at the earliest practical opportunity. (2) ThePMO shall be appointed on the approvedterms throughoutthe period from Commencement of Development to completionofpost construction restorationworks.
Reason: To enable thedevelopment to be suitably monitored to ensurecompliance with theplanningpermission andthe conditions attached to it.
To enable thedevelopment to be suitably monitored to ensurecompliance with theplanningpermission andthe conditions attached to it.
5. Priortoany works commencingonsite, aTraffic ManagementPlan shall be submitted to and approvedinwritingwith the PlanningAuthorityRoads Authorityand the Police. Thetraffic managementplan shall include;

a) Parkingprovisionfor construction workers;

b) Therouteingofall traffic associated with the Development on thelocal road network;

c) Measures to ensurethatthe specified routes areadhered to, includingmonitoringprocedures and strengthening of weak roads;

d) Details of all signageand liningarrangements to be putinplace;

e) Provisions foremergency vehicle access;

f) Identificationofanominated persontowhomany road safety issues can be referred;

g) Aplan foraccessbyvehicles carryingabnormalloads,includingthe number and timingofdeliveries,the length, width,axle configurationofall extraordinary traffic accessingthe site

h) Details of temporaryaccesspoints and road crossings

Theapprovedtraffic managementplan shall be implemented in full,unlessotherwise agreed in advance in writingwith the Planningauthority.
Reason: in theinterests of road safetyand to ensurethatabnormalloads access thesiteinasafemanner
in theinterests of road safetyand to ensurethatabnormalloads access thesiteinasafemanner
6. Priortoany works commencingonsite, aMethod Statement shall be produced to limit the spread of American Signal Crayfish.The Method Statement shall assume that all watercourses crossed by the pipe-line will contain American Signal Crayfish and shall detail the following:

a) Thewashingand disinfectingofall machinery and footwearenteringorleaving watercourses;

b) Details of designated areas forvehicle wash-down; and

c) Thedirectionofconstruction of the pipe-line to progresstowards rivers known to be infested. Reason: to limit thespread of thehighly invasiveAmerican Signal Crayfish knowntobepresent in thevicinity.

Reason:
7. Priortoany works commencingonsite, aprogramme of archaeological works shall be submitted to the Planning Authorityand agreed in writing. Theprogramme of archaeological works shall include measures to be takentoprotect and preserve any features of archaeological interest in situ,torecord and recoverarchaeological features whichcannot be so preserved, to affordaccessatall reasonabletimes forthe council archaeologist or anominated representative and to allow them to observe work in progress.

Theapprovedscheme of archaeological works shall be implemented in full.
Reason: to comply with Scottish Historic Environment Policy andtoensurethateffects arefully mitigated
to comply with Scottish Historic Environment Policy andtoensurethateffects arefully mitigated
8. Priortoany works commencingonsite, atreesurveyshall be carried out, whichclearlyidentifiesall trees potentiallyat risk from construction of the pipeline and associated works,and clearlyidentifiesall trees (if any) to be removed. Theaim shall be to avoid removalofmaturetrees,but wherethis is considered unavoidable,clear justificationshall be provided as to whyalternative routes forthe pipeline areunsuitable. In suchcases,full details regardingthe number,location and long-term maintenance of replacement trees shouldbeprovided. Wheretrees areretained,the tree surveyshouldidentify howthey will be protected from vehicles and other hazardsduringconstruction work.

Thetreesurveyshall be agreed with the Council prior to commencement of works.
Reason: to minimise the impacts on any largematuretrees.
to minimise the impacts on any largematuretrees.
Definitions
In the decision letter and in Annexes1and 2.
"the Application" meanstheApplication submitted bytheCompanyon14August2015
"Commencement of Development"means thedateonwhichdevelopment shall be takenasbegun in accordance with section27ofthe Town and Country Planning(Scotland) Act1997;
"the Company"means GNI (UK) Limited Registered at 5^th Floor,6St. Andrew Street,London,EC4A 3AE Company RegistrationNumber 2827969, or the personfor the time beingentitled to the benefit of the pipe-line construction authorisation;
"the Development"means thedevelopment described in Annex1;
"Environmental Statement" means the Environmental Statementsubmitted bythe Companyon 14 August2015 "the PlanningAuthority" means Dumfries and Galloway Council; "SEPA" means the Scottish Environment ProtectionAgency; "SNH" means Scottish Natural Heritage;
"Site" means the area of land outlined in redonannex5,attached to this deemed planningpermission. In accordance with the TEN-E Regulation, Article 9(7) the Company must updatethe website with relevant information aboutthe project of commoninterest and also publicise relevant informationbyother appropriatemeans to whichthe public hasopen access.
Subject to the conditionsoutlined above and in the letter of determination, availableathttp://www.energyconsents.scot/ CaseDetails.aspx, case reference EC00005198, the Scottish Ministers, by virtue of section5ofthe Pipe-Lines Act 1962, have approvedplanningpermissionfor the development as setout in thePipe-line Construction Authorisation. Acopy of the relevant Environmental Statement can be obtained directlyfromthe Scottish Energy Consents website as per hyperlink above.Ahardcopyofthis statement,associated determination, and conditionsmay also maybeobtained free of charge duringaperiod of 8weeks immediatelyfollowingthe dateofthis publication by contacting, GNI (UK) Limited, BeattockCompressorStation, Lochmaben Road,BeattockDG109RL.
TheScottish Ministers' decision is final,subject to the right of any aggrievedpersontoapply to the CourtofSessionfor judicialreviewofthegrantingofthePipe-lineConstructionAuthorisationortheconditionsattached,nolaterthan6weeks after the decision hasbeen published. Judicial reviewisthe mechanismbywhich theCourtofSessionsupervisesthe exercise of administrative functions,includinghow the Scottish Ministersexercise their statutory functiontodetermine Applications forconsent.The rules relatingtothe judicial reviewprocesscan be found on the website of the Scottish Courts at http://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/court-of-session-rules Your local Citizens' Advice Bureau or your solicitor will be abletoadvise youaboutthe applicableprocedures. Kindlyquote the correspondent reference in all subsequent correspondence.