The Sizewell C (Nuclear Generating Station) Order 2022 No. 853

SCHEDULE 21 Deemed Marine Licence under Part 4 (Marine Licensing) of the Marine and Coastal Access Act 2009

PART 1 INTRODUCTION

Interpretation

1.  In this licence—

“the 2009 Act” means the Marine and Coastal Access Act 2009;

“ANMP” means the Aids to Navigation Management Plan;

“BLF” means Beach Landing Facility;

“business day” means a day other than a Saturday or a Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971;

“business hours” means the period from 09:00 until 17:00 on any business day;

“capital dredging” means an activity which comprises the excavation of the seabed, in an area or down to a level (relative to Ordnance Datum) not previously dredged during the preceding 10 years, and “capital dredge” is to be construed accordingly;

“Close Out” means the requirements as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) as amended, updated or superseded from time to time;

“CDO” means the Combined Drainage Outfall;

“commence” means beginning to carry out any licensed activity or any phase of licensed activity and “commenced” and “commencement” are to be construed accordingly;

“condition” means a condition under Part 3 of this licence;

“CPMMP (marine)” means the Coastal Processes Monitoring and Mitigation Plan;

“Draft Coastal Processes Monitoring and Mitigation Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“Draft Fish Impingement and Entrainment Monitoring Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“Draft Marine Mammal Mitigation Protocol” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“Draft Sabellaria Reef Management and Monitoring Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“Draft Site Integrity Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“environmental information” means the Environmental Statement and any “further information” as defined in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 relating to the application for development consent in respect of the marine works;

“Environmental Statement” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“FIEMP” means the Fish Impingement and Entrainment Monitoring Plan;

“FLCP” means the Fisheries Liaison and Co-existence Plan;

“Forward Look” means the requirements as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) as amended, updated or superseded from time to time;

“FRR” means the Fish Recovery and Return System;

“HCDF” means Hard Coastal Defence Feature;

“IMO” means the International Maritime Organisation;

“JNCC” means the Joint Nature Conservation Committee;

“LAT” means Lowest Astronomical Tide;

“licensable marine activities” means any activity licensable under section 66 of the 2009 Act including those set out in paragraph 4;

“licensed activity” means any activity authorised in Part 2 of this licence and “licensed activities” shall be construed accordingly;

“licence return” means returns linked to the specific conditions within this licence on MCMS;

“LiDAR” means light detection and ranging;

“LVSE” means Low Velocity, Side-Entry;

“maintain” includes inspect, repair, adjust, alter, clear, refurbish, remove or reconstruct, replace and improve provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental information and any derivation of “maintain” is to be construed accordingly;

“MAP” means the Maintenance Activities Plan;

“Marine Noise Registry” means the database developed and maintained by JNCC on behalf of the Department for Food and Rural Affairs to record the spatial and temporal distribution of impulsive noise generating activities in UK seas;

“maintenance dredge” means any activity which comprises the removal of recently-accumulated sediments such as mud, sand and gravel in order to keep channels, berths and other areas at their designed depths and which takes place in circumstances where—

(a)

the level of the seabed to be restored by the dredging is not lower than it has been at any time during the past 10 years; and

(b)

there is evidence that dredging has previously been undertaken to that level (or lower) during that period;

“Marine Noise Registry” means the database developed and maintained by JNCC on behalf of the Department for Food and Rural Affairs to record the spatial and temporal distribution of impulsive noise generating activities in UK seas;

“marker buoy” means any floating device used for marker or navigation purposes, including LiDAR buoys and wave buoys;

“MAWSI” means marine archaeological written scheme of investigation;

“MCA” means the Maritime and Coastguard Agency, being the executive agency of the Department for Transport which is the body responsible for implementing British and international maritime law and safety policy;

“MCMS” means MMO’s online system for submission of marine licence applications and management of consented marine licences, including the submission of condition returns;

“MEMP” means Marine Environmental Monitoring Plan;

“MHWS” means the highest level which spring tides reach on average over a period of time;

“MMMP” means Marine Mammal Mitigation Protocol;

“MMO” means Marine Management Organisation;

“Notice to Mariners” means a notice issued by the undertaker to mariners to inform them of issues that affect the safety of navigation;

“Order” means the Sizewell C (Nuclear Generating Station) Order 2022;

“OSPAR” means the Convention for the Protection of the Marine Environment of the North-East Atlantic;

“Outline Vessel Management Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

“PWWC” means the Passive Wedge-Wire Cylinder;

“SCDF” means the Soft Coastal Defence Feature;

“SIP” means the Site Integrity Plan;

“SMP” means Smelt Monitoring and Mitigation Plan;

“SRMMP” means Sabellaria Reef Management and Monitoring Plan;

“SSP” means Sediment Sampling Plan;

“TBM” means tunnel boring machine;

“TMBIF” means Temporary Marine Bulk Import Facility;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“undertaker” means NNB Generation Company (SZC) Limited (company number 09284825) or any person who has the benefit of the Order in respect of any of the licenced activities in accordance with articles 8 (benefit of Order) and 9 (consent to transfer benefit of the Order) of the Order;

“VMP” means the Vessel Management Plan;

“Work No. 1A(aa)” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the TMBIF;

“Work No. 1A(l)” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the permanent BLF;

“Work No. 1A(m)” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the SCDF;

“Work No. 2A” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the intake tunnel for Unit 1;

“Work No. 2B” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the two intake heads for Unit 1 including vertical shafts;

“Work No. 2C” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the intake tunnel for Unit 2;

“Work No. 2D” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the two intake heads for Unit 2 including vertical shafts;

“Work No. 2E” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the outfall tunnel common to both Unit 1 and Unit 2;

“Work No. 2F” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the two outfall heads including vertical shafts common to both Unit 1 and Unit 2;

“Work Nos. 2G and 2H” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the fish return tunnel and associated outfall head for Unit 1;

“Work Nos. 2I and 2J” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the fish return tunnel and associated outfall head for Unit 2;

“Work Nos. 2K and 2L” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the CDO tunnel and associated head structure and shaft;

“Work Nos. 2M and 2N” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the temporary desalination plant intake tunnel and associated head structure and shaft; and

“Work Nos. 2O and 2P” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the temporary desalination plant outfall tunnel and associated diffusers and shaft.

Addresses

2.—(1) Unless otherwise advised in writing by the MMO, the address for postal correspondence with the MMO for the purposes of this licence is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH, telephone [phone] and, unless otherwise advised in writing, where contact to the local MMO office is required, the following contact details must be used: Marine Management Organisation, Pakefield Road, Lowestoft, Suffolk NR33 0HT, telephone [phone].

(2) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is [e-mail] or where contact to the local MMO office is required is [e-mail].

(3) Unless otherwise advised in writing by the MMO, MCMS must be used for all licence returns or applications to vary this licence. The MCMS address is: https://marinelicensing.marinemanagement.org.uk/mmofox5/fox/live/MMO_LOGIN/login.

(4) Unless otherwise advised in writing by Trinity House, the primary point of contact and address for returns and correspondence with Trinity House for the purposes of this licence is Trinity House, Tower Hill, London EC3N 4DH, telephone [phone].

(5) Unless otherwise advised in writing by the MCA, the address for electronic communication with the MCA for the purposes of this licence is [e-mail].

(6) Unless otherwise advised in writing by the Hydrographic Office, the address for electronic communication with the Hydrographic Office for the purposes of this licence is [e-mail].

(7) Unless otherwise advised in writing by the Kingfisher Information Service of Seafish, the address for electronic communication with the Kingfisher Information Service of Seafish for the purposes of this licence is [e-mail].

(8) Unless otherwise advised by the recipient in writing, all notifications required by this licence must be made in writing.