Transcript of the undated and unsigned Assignation Statement which was made available for public inspection with the draft copy of the Skye Bridge Toll Order from 1 November to 13 December 1991.
The Secretary of State, in accordance with paragraph 14A(3) of Part IIA of Schedule 1 to the Roads (Scotland) Act 1984 and the Assignation Statement (Prescribed Information) (Scotland) Regulations 1991, hereby makes the following statement with respect to the intended Assignation by the Secretary of State of his rights to charge and to collect tolls under the proposed Invergarry-Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Toll Order ("the Toll Order"):-
1. Interpretation
(a) In this statement:
"the Bridge" means the single span bridge together with associated structure forming part of the Special Road;
"Concession Agreement" means the Agreement which the Secretary of State and the Concessionaire intend to enter into which provides, among other things, for the assignation by the Secretary of his rights to charge and to collect tolls under the Toll Order;
"Concessionaire" means the party to whom the Secretary of State intends to assign his rights under the Toll Order to charge and to collect tolls;
"Concession Period" means the period during which the Concessionaire will have the rights to charge and to collect tolls;
"the Regulations" means the Assignation Statement (Prescribed Information) (Scotland) Regulations 1991;
"Special Road" means the special road to be provided in terms of the Invergarry-Kyle of Lochalsh Trunk Road (A87) Extension (Skye Bridge Crossing) Special Road Scheme;
"the Toll Plaza" means the toll collection plaza and toll collection facilities thereon forming part of the Special Road.
(b) a reference to a numbered regulation is a reference to the corresponding regulation in the Regulations.
2. Identity of the Concessionaire (Regulation 3(a))
It is proposed that the Concessionaire will be Skye Bridge Tolls Limited, incorporated under the Companies Acts and having their registered office at Miller House, 18 South Groathill Avenue, Edinburgh, and their permitted successors and assignees in accordance with the Concession Agreement.
3. Shareholders each holding more than 10% of the issued share capital in the Concessionaire (Regulation 3(b))
As at the date hereof, the following bodies each hold issued share capital of at least 10% in the Concessionaire:-
(i) Miller Construction Limited, incorporated under the Companies Act and having their registered office at Miller House, 18 South Groathill Avenue, Edinburgh
(ii) Dyckerhoff & Widmann AG, Erdinger Landstrasse 1, 8000 Munchen 81, Germany
(iii) Bank America International Finance Corporation, having their registered office at 555 California Street, San Fransisco, California 94104, USA.
4. Proposed length of the Concession Period (Regulation 3 (c))
The Concession Agreement will contain a formula whereby the length of the Concession Period will in effect be determined by traffic flow. The objective of the formula is to achieve termination of the Concession Period when the Concessionaire has recovered through the collection of tolls the agreed costs (including funding costs) of designing and constructing the Bridge and Toll Plaza, and thereafter of maintaining and operating the Bridge and Toll Plaza during the Concession Period. The current agreed costs are £23.64m as at July 1990 price levels. The anticipated Concession Period based on the Secretary of State's and the Concessionaire's varying assessments of projected traffic flow and on current costs are illustrated in the graph annexed to this statement. On the basis of the Secretary of State's criteria for estimating traffic flow, and on current costs, the projected Concession Period is 14 to 18 years. The Concession Agreement will also provide for early termination in the event of failure by the
Concessionaire to comply with his obligations under the Concession Agreement, subject to the Concessionaire's funders being given the opportunity to find a suitable concessionaire acceptable to the Secretary of State. It will also provide for early termination in the event of certain circumstances arising which render impractical or impossible the continued collection of tolls (such as destruction of the Bridge by an uninsurable risk) or continued implementation by the Concessionaire of their obligations under the Concession Agreement.
5. Summary of obligations to be undertaken by the Concessionaire during the Concession Period in relation to the maintenance, operation or improvement of the Bridge and Toll Plaza (Regulation 3(d))
The Concessionaire will be solely responsible for maintenance of the Bridge and Toll Plaza during the Concession Period. The Concessionaire will be responsible for the operation of the Bridge and Toll Plaza during the Concession Period in consultation, where appropriate, with the Secretary of State, the local roads authority and the police. The Concessionaire will be responsible for carrying out any improvements to the Bridge and Toll Plaza required by the Secretary of State. Depending on the circumstances, the cost of such improvements may be met by increasing the period during which tolls will be payable, subject to the overall maximum of 27 years.
6. Summary of obligations to be undertaken by the Concessionaire in regard to minimising any adverse environmental effects, and the provision of service stations etc (Regulations 3(e))
(a) The Concessionaire will undertake the following steps to minimise the risk of adverse environmental effects arising out of the construction of the Bridge and Toll Plaza:
i) Construction Operations
Construction operations will be generally limited to five full working days (7.00 am to 7.00 pm) with limited Saturday working (8.00 am to 4.00 pm), although there will be some unavoidable operations which may require to be carried out outwith these hours (eg completion of major concrete pours). No construction operations will be carried out on Sundays. Construction plant will be suitably silenced as the need arises and although the resultant noise from the use of explosive charges should be insignificant, adequate warning will be given before the use of explosives.
ii) Vibration
All possible steps will be taken to minimise the risk of damage to properties due to blasting. Any properties considered at risk will be surveyed before explosives are employed.
iii) Air-borne Pollution
Good Industry practise shall be adopted to restrict the spread of dust from the construction works, whether from plant, blasting or earthmoving operations.
iv) Pollution of Watercourses and the Marine Environment
The methods of working, storage and use of materials and of plant shall be strictly controlled by the Concessionaries' Quality Assurance operations to ensure that good industry practice is followed and that all statutory obligations in relation to control of pollution are observed. In particular run-off from the works and storage areas shall be monitored. Bunds at fuel storage areas shall be used and the use of setting tanks for silt extraction shall be adopted where necessary. The efficiency of pollution control measures shall be independently monitored.
v) Protection of Flora and Fauna
Procedures for the retention and re-use of indigenous flora have been identified and will be adopted during construction to ensure after-landscaping is in keeping with the area. The construction corridor shall be restricted to a defined limit and where necessary shall be fenced. Areas of significant interest adjacent to the corridor shall be marked or fenced. Construction operatives shall be fully briefed to avoid inadvertent and unnecessary harm or disturbance to flora and fauna. Where the disruption of a fauna habitat is unavoidable, steps will be taken to provide a similar habitat, adjacent to the works, with the provision of a safe access where necessary. Surplus materials will not be deposited outside the construction boundary without the necessary permission.
vi) Traffic management and site accommodation
The main site offices will be located to minimise disturbance. Most construction will take place remote from existing routes thereby limiting disruption. Transport of bulk materials will be by sea wherever possible to minimise heavy vehicle movements on public roads.
vii) Liaison
Full liaison will be instituted with the local communities and appropriate authorities to limit adverse effects and to ensure the adoption of acceptable measures.
b) The Concessionaire will undertake the following steps to minimise the risk of adverse environmental effects during the operation of the Bridge and Toll Plaza.
i) Quality Assurance system
Operate a Quality Assurance system to monitor and regulate maintenance and operation functions in order that any adverse environmental effects are minimised.
ii) Storage of materials etc
Store or locate materials, equipment and plant in such a manner that the risk of pollution and visual intrusion are fully addressed.
iii) Effects on flora and fauna
Use materials of a nature whose effect on flora and fauna are known to be negligible.
iv) Toll facilities
Adopt toll facilities and operational methods which restrict the possibility of delay to users and thereby traffic congestion and noise to acceptable limits.
v) Liaison
Maintain close liaison with the local communities and appropriate authorities to examine any operational problems, connected with the environment, as they arise and devise solutions.
c) The Concessionaire will provide toll collection facilities and a maintenance building.
7. Summary of Undertakings to be given with regard to stopping up, diversion, improvement or alteration of any road and construction of any new road (Regulation 3 (f))
The Concessionaire will not be required to give any undertaking with regard to the stopping-up, diversion, improvement or any other alteration of any road which will cross or enter the route of the Special Road or will be otherwise affected by the construction or improvement of the Special Road, or with regard to the construction of any new road for purposes connected with any such alterations, as aforesaid, as no such undertakings will be necessary in the circumstances.
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Most recent revision, 21 June 1999