xmlns:atom="http://www.w3.org/2005/Atom"

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

PART 3CONDITIONS

General

6.—(1) Should the undertaker become aware that any of the information on which the granting of this licence was based was false or misleading in any material particular the undertaker must explain in writing to the MMO of this fact in writing as soon as is reasonably practicable. The undertaker must explain in writing what information was materially false or misleading and must provide to the MMO the correct information.

(2) With respect to any condition which requires the licensed activities to be carried out in accordance with the plans, protocols or statements approved under this licence, the plans, protocols or statements so approved are taken to include amendments that may be approved in writing by the MMO subsequent to the first approval of those plans, protocols or statements provided it has been demonstrated to the satisfaction of the MMO that the subject matter of the relevant amendments do not give rise to any materially new or materially different environmental effects to those assessed in the environmental information.

(3) Any oil, fuel or chemical spill within the marine environment must be reported to the MMO Marine Pollution Response Team as soon as reasonably practicable, but in any event within 12 hours of being identified in accordance with the following, unless otherwise advised in writing by the MMO—

(a)within business hours on any business days: 0300 200 2024;

(b)any other time 07770 977 825; or

(c)at all times if other numbers are unavailable: 0845 051 8486 or dispersants@marinemanagement.org.uk

Pre-construction

7.—(1) No licensed activity must commence until a detailed and up-to-date programme of works has been submitted to and approved by the MMO in writing. The programme of works must include—

(a)a planned timetable for each activity as outlined in paragraphs 4 and 5 of Part 2 of this licence;

(b)timings for mobilisation of construction plant and for delivery of materials by sea;

(c)a plan for notifying the MMO of the commencement and cessation of activities and phases of activities; and

(d)a plan for notifying the MMO of changes to the programme.

(2) An updated programme of works must be submitted to the MMO in writing every 6 months from the date of approval unless otherwise agreed with the MMO.

8.—(1) No licensed activity or phase of activity must be commenced until a detailed method statement (including location of the works) for that activity or phase of works has been submitted to and approved by the MMO in writing.

(2) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the detailed method statement to the MMO at least 6 months prior to the proposed commencement of the licensed activity, or each phase of a licensed activity.

(3) The detailed method statements must be implemented as approved unless otherwise agreed in writing with the MMO.

9.—(1) The local MMO office and Trinity House must be notified in writing at least 5 days prior to the commencement of any licensed activity or phase of any licensed activity.

(2) The local MMO office, Trinity House and UK Hydrographic Office must be notified in writing no more than 10 days following completion of any licensed activity or phase of any licensed activity.

(3) The local MMO officer, Trinity House and UK Hydrographic Office must be notified in writing no more than 10 days following the completion of the construction of the Work No.s listed in paragraph 4 of Part 2 of this licence.

10.  Local mariners, fishermen’s organisations and the UK Hydrographic Office must be notified of any licensed activity or phase of licensed activity through a local Notice to Mariners. A Notice to Mariners must be issued at least 5 days before the commencement of each licensed activity or phase of licensed activity. The MMO and MCA must be sent a copy of the notification within 24 hours of issue. The Notice to Mariners must include—

(a)the start and end dates for the works;

(b)a summary of the works to be undertaken;

(c)the location of the works area, including coordinates in accordance with WGS84; and

(d)any markings of the works area that will be put in place.

11.—(1) The undertaker must provide the name, address and function of any agent, contractor or subcontractor that will carry out any licenced activity listed in this license on behalf of the undertaker to the MMO in writing no less than 24 hours before the agent, contractor or subcontractor carries out any licensed activity.

(2) Any changes to the name and function of the specified agent, contractor or subcontractor that will carry out the specified licenced activities must be notified to the MMO in writing prior to the agent, contractor or subcontractor carrying out the licensed activity.

(3) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to any agents, contractors or subcontractors that will carry out the licensed activity on behalf of the undertaker prior to them carrying out any licensed activity.

12.—(1) The undertaker must notify the MMO in writing of any vessel being used to carry out any licensed activity listed in this licence on behalf of the undertaker. Such notification must be received by the MMO in writing no less than 24 hours before the commencement of the licensed activity. Notification must include the master’s name, vessel type, vessel IMO number and registered owner or operating company.

(2) Any changes to the details of any vessel being used to carry out any licensed activity must be notified to the MMO in writing as soon as reasonably practicable prior to the vessel carrying out the licensed activities.

13.  The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments are provided to the masters of any vessel being used to carry out any licensed activity listed in this licence, and that a copy of this licence is held on board any such vessel. Such documentation must to be provided as soon as reasonably practicable prior to the vessel carrying out any licensed activities.

14.—(1) No licenced activity may commence until a CPMMP (marine) has been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The CPMMP (marine) must be in general accordance with the Draft Coastal Processes Monitoring and Mitigation Plan and must include but is not limited to—

(a)details of the area to be monitored;

(b)the methods for monitoring;

(c)the duration of monitoring;

(d)the trigger points for mitigation;

(e)a description of proposed mitigation;

(f)examples of mitigation measures which could be implemented and which would be effective to mitigate particular results of the monitoring and how the appropriateness of each measure will be considered;

(g)details concerning its proposed review; and

(h)details concerning the appropriate timing for a monitoring and mitigation cessation report to be prepared.

(2) The CPMMP (marine) must be implemented as approved by the MMO.

(3) Monitoring reports, as defined within the CPMMP (marine), must be submitted to the MMO for approval in writing.

(4) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the CPMMP (marine) to the MMO at least 6 months prior to the proposed commencement of licenced activities.

15.—(1) No licensed activity or phase of licensed activity must be commenced until a MEMP for that licensed activity or phase of licensed activity has been submitted to and approved by the MMO in writing. The MEMPs must include but are not limited to, the following details—

(a)a review of potential sources and pathways of marine pollution during the carrying out of the activities;

(b)details of how instances of marine pollution (in particular oil, fuel or chemical spills) will be reported to the MMO;

(c)a chemical risk assessment to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;

(d)waste management and disposal arrangements;

(e)references to other project relevant plans and procedures; and

(f)the address of persons dealing with marine pollution for or on behalf of the undertaker.

(2) The MEMPs must be implemented as approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit each MEMP, in writing, at least 6 months prior to the proposed commencement of the relevant licensed activity or phase of activity.

16.—(1) No licensed activity or phase of licensed activity must commence until a MAWSI for that activity or phase of activity has, after consultation with Historic England, been submitted to and approved by the MMO in writing.

(2) Any MAWSIs must be implemented as approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit a MAWSI at least 6 months prior to the proposed commencement of the relevant licensed activity or phase of activity.

17.—(1) No licensed activity must commence until a FLCP has been submitted to and approved by the MMO in writing. The FLCP must include, but is not limited to—

(a)the appointment and responsibilities of a fisheries liaison officer; and

(b)a description of how the commencement and nature of licensed activities will be communicated with the local fishing industry to address the interaction of the licensed activities with fishing activities.

(2) The FLCP must be implemented as approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the FLCP at least 6 months prior to the proposed commencement of the first licensed activity.

During construction, operation and maintenance

18.—(1) Unless otherwise agreed in writing by the MMO all chemicals used in the construction and operation of licensable activities must be selected from the List of Notified Chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002 or have undergone an equivalent ecotoxicological assessment.

(2) The undertaker must ensure that any coatings and treatments used are approved by the Health and Safety Executive as suitable for use in the marine environment and are used in accordance with best practice.

19.  The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment including bunding of 110% of the total volume of all reservoirs and containers.

20.—(1) Drill or vibro piling must be used as standard, with percussive piling only used if it is required to drive a pile to its design depth and drill or vibro piling has been unsuccessful. If percussive piling is necessary, soft-start procedures must be used to ensure incremental increase in pile power over a set time period until full operational power is achieved.

(2) The soft-start duration must be a period of not less than 20 minutes.

(3) Should piling cease for a period greater than 10 minutes then the soft start procedure must be repeated.

21.  Except for activities taking place below MHWS, concrete and cement mixing and washing areas must be contained and sited at least 10 metres from any watercourse or surface water drain to minimise the risk of runoff entering a watercourse.

22.  If concrete is to be sprayed, suitable protective sheeting must be provided to prevent rebounded or windblown concrete from entering the marine environment. Rebounded material must be cleared away before the sheeting is removed.

23.  During licensed activities, all wastes must be stored in designated areas that are isolated from surface water drains, open water and bunded to contain any spillage.

24.  The undertaker must ensure that any equipment, temporary structures, waste and/or debris associated with a licensed activity are removed within 6 weeks of completion of the licensed activity or relevant phase of the licensed activity.

25.—(1) No gravel or rock may be placed in the marine environment until detail of its source has been submitted to and approved by the MMO in writing.

(2) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the details at least 3 months prior to the proposed placing of the gravel or rock.

26.  The undertaker must ensure that any vessels used for rock or shingle transhipment or other delivery operations are suitably constructed and loaded to prevent material falling over the side by accident. Suitable screening must be used to prevent rock or shingle loss through drainage holes.

27.  The undertaker must ensure that sea going tugs or tugs capable of towing the barges to be used in a loaded condition can be made available within any given 12 hour period to tow such barges to sheltered waters in adverse weather conditions.

28.—(1) No vessel movements within the Outer Thames Estuary Special Protection Area as shown on Plate 1.1 of the Outline Vessel Management Plan must occur during the winter months, as defined in the Outline Vessel Management Plan, until a VMP has been submitted to and approved by the MMO in writing.

(2) The VMP must be in general accordance with the Outline Vessel Management Plan and must include the procedures that will be followed to minimise disturbance to red-throated diver (Gavia stellate).

(3) The VMP must be implemented as approved by the MMO.

(4) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the VMP at least 6 months prior to the proposed commencement of the relevant vessel movement.

29.—(1) The undertaker must report all dropped objects to the MMO using the dropped object procedure form as soon as reasonably practicable and in any event within 24 hours of becoming aware of an incident.

(2) On receipt of the Dropped Object Procedure Form, the MMO may require, acting reasonably, the undertaker to carry out relevant surveys. The undertaker must carry out surveys in accordance with the MMO’s reasonable requirements and must report the results of such surveys to the MMO.

(3) On receipt of such survey results, the MMO may, acting reasonably, require the undertaker to remove specific obstructions from the seabed. The undertaker must carry out removals of specific obstructions from the seabed in accordance with the MMO’s reasonable requirements and at its own expense.

30.  In the event that any rock or sediment material used in carrying out any licensed activity is misplaced or lost below MHWS, the undertaker must report the loss to the local MMO office within 24 hours of becoming aware of the incident. If the MMO reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material), the MMO must notify the undertaker and the undertaker must use reasonable endeavours to locate the material and recover it. In that event, the undertaker must demonstrate to the MMO that reasonable attempts have been made to locate, remove or move any such material.

31.—(1) Cooling water abstraction must not commence until a MAP has been submitted to and approved by the MMO in writing. The MAP must include, but is not limited to—

(a)a list of maintenance activities within the marine environment that are anticipated for the lifetime of the licensed activities;

(b)details of the typical construction plant, machinery and personnel requirements for each maintenance activity and any requirements for detailed method statements;

(c)details of the typical frequency and timing of each maintenance activity; and

(d)details of controls and mitigation that will be in place in order to protect the marine environment.

(2) The MAP must be reviewed every 5 years commencing from the date on which the MAP was approved, unless otherwise agreed by the MMO, to ensure the details of the maintenance activities remain accurate. The conclusions of that review must be submitted to and approved by the MMO in writing.

(3) The MAP must be implemented as approved by the MMO.

(4) Unless shorter periods are agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit—

(a)the first MAP at least 6 months prior to the proposed commencement of water abstraction;

(b)the updated MAPs in paragraph (2), at least 6 months before such revised MAP is required to be put in place; and

(c)any updated MAP covering additional activities as soon as possible after the need for such additional activities is identified.

Dredging

32.—(1) No dredging activity or phase of dredging activity must commence until the dredging details for that dredging activity or phase of dredging activity have been submitted to and approved by the MMO in writing. The dredging activity details must include, but are not limited to—

(a)the location of the dredge area for that phase, which must be located within the areas set out in Part 4 (Tables 2 to 9);

(b)the start and end dates of that phase of the dredging activity;

(c)a dredging method statement;

(d)the volume and depth of material to be dredged;

(e)the name and function of any agents or contractors to be used; and

(f)the name of the vessel master, the vessel type, the vessel IMO number and the name of the vessel owner or operating company for each vessel to be used; and links to the CPMMP (marine)

(2) Dredging must be carried out in accordance with the dredging activity details approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the dredging activity details to the MMO at least 6 months prior to the start of the relevant dredging activity or phase of dredging activity.

33.—(1) No dredging activity or phase of dredging activity must commence until a SSP and subsequent sediment sample analysis for that dredging activity or phase of dredging activity have been submitted to and approved by the MMO in writing. The SSP must include, but is not limited to—

(a)location of the area to be dredged;

(b)name of the disposal site;

(c)details of the material type proposed for dredging and disposal;

(d)volume of the material proposed for dredge and disposal;

(e)type and dredging methodology (including whether it is a capital dredge or maintenance dredge, dredge depth and proposed programme for the dredge and disposal activities);

(f)the location and depth of any supporting samples; and

(g)analysis results which must not exceed 3 years in age.

(2) The SSP and sediment sample analysis request must be implemented as approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the SSP and sediment sample analysis to the MMO at least 6 months prior to the proposed commencement of the activity.

34.—(1) Within 4 weeks of the completion of any dredging activity or phase of activity a report of the survey results of the pre-dredge and post-dredge bathymetrical surveys must be submitted to the MMO in writing.

(2) The pre-dredge bathymetrical survey must be undertaken within a 3 month period prior to each dredging activity or phase of activity, and the post-dredge bathymetrical survey must be undertaken as soon as reasonable practicable and in any event within 1 week of completion of each dredging activity or phase of dredging.

(3) The report containing the survey results must include—

(a)an interpretation of the difference between the pre-dredge and post dredge survey results and a volume calculation; and

(b)the survey results on a chart showing the licensed dredge area and dredge depth.

(4) The undertaker must inform the MMO twice yearly of the location and quantities of material disposed of each month under this licence for completion of OSPAR reporting. This information must be submitted to the MMO in writing by 15 February each year for the months August to January inclusive and by 15 August each year for the months February to July inclusive.

Aids to navigation

35.—(1) No licensed activity must commence until an ANMP has been submitted to and approved by the MMO in writing, following consultation with Trinity House. The ANMP must include, but not limited to—

(a)the frequency of reports to be provided to Trinity House on the availability of aids to navigation;

(b)the details any such reports must include (using the reporting system provided by Trinity House); and

(c)how the undertaker will comply with (2) to (5) for the lifetime of the developments seaward of MHWS.

Unless a shorter period is agreed with MMO in writing, the undertaker must use reasonable endeavours to submit the ANMP to the MMO at least 6 month prior to the proposed commencement of the licensed activities.

(2) The undertaker must during the period from commencement of any phase of the first licensed activity to the start of the decommissioning of the development seaward of MHWS notify Trinity House and the MMO of any failure of the aids to navigation and the timescales and plans for remedying such failures as soon as reasonably practicable and in any event within 24 hours following the undertaker becoming aware of any such failure.

(3) The undertaker must during the period from commencement of the licensed activities to the start of the decommissioning of the development seaward of MHWS notify Trinity House and the MMO as soon as reasonably practicable and in any event within 3 days of any aids to navigation being established by the undertaker.

(4) The undertaker must during the period from commencement of the licensed activities to the start of the decommissioning of the authorised development seaward of MHWS exhibit such lights, marks, sounds, signals and other aids to navigation, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

(5) In case of damage to, or destruction or decay of, the authorised development seaward of MHWS or any part thereof the undertaker must, as soon as reasonably practicable and in any event within 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify the MMO, MCA, Trinity House, the Kingfisher Information Service of Seafish and the UK Hydrographic Office and must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.

Beach Landing Facility and Temporary Marine Bulk Import Facility

36.—(1) The construction of Work No. 1A(l) and Work No. 1A(aa) must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The activity details must include, but are not limited to—

(a)the start and end dates for the construction;

(b)a detailed construction method statement;

(c)a description of any proposed mitigation;

(d)navigational lighting to be used;

(e)the type and number of vessels to be used; and

(f)links to the CPMMP (marine).

(2) The removal of Work No. 1A(aa) must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The activity details must include, but are not limited to—

(a)the start and end dates for the removal which must be carried out prior to full operation of Sizewell C;

(b)a detailed removal method statement;

(c)a description of any proposed mitigation;

(d)navigational lighting to be used;

(e)the type and number of vessels to be used; and,

(f)links to the CPMMP (marine).

(3) In the event that impact piling is required in the construction of Work No. 1A(l) and Work No. 1A(aa), the impact piling for that Work No. must not commence between May and August of any year and must not commence until—

(a)the expected location and start and end dates of impact pile driving have been submitted to the United Kingdom Marine Noise Registry to satisfy the Marine Noise Registry’s Forward Look requirements. The undertaker must notify the MMO of the successful submission of Forward Look data within 7 days of the submission;

(b)a MMMP in general accordance with the Draft Marine Mammal Mitigation Protocol has been submitted and approved by the MMO in writing; and

(c)a Southern North Sea Special Area of Conservation SIP in general accordance with the Draft Site Integrity Plan has been submitted to and approved by the MMO in writing.

The Southern North Sea Special Area of Conservation SIP must be submitted to the MMO no later than 6 months prior to the commencement of the piling activities.

(4) The undertaker must submit the exact locations and start and end dates of impact pile driving to the Marine Noise Registry on every 6 month anniversary of the start of that impact pile driving and within 12 weeks of completion of the impact pile driving to satisfy the Close Out requirements. The undertaker must notify the MMO of the successful submission of the Close Out data within 7 days of the submission.

(5) The construction of Work No. 1A(l) and Work No. 1A(aa) must be carried out in accordance with the activity details approved by the MMO in writing.

(6) The SIP and the MMMP must be implemented as approved by the MMO.

(7) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details to the MMO at least 6 months prior to the proposed commencement of the relevant Work No. and the MMMP and the SIP at least 6 months prior to the commencing of the proposed impact piling.

Soft Coastal Defence Feature (SCDF)

37.—(1) The construction of Work No. 1A(m) must not commence until the following activity details have been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The details must include, but are not limited to—

(a)the start and end dates for the construction;

(b)a detailed construction method statement;

(c)the source, type and grain size of the material to be deposited;

(d)a description of any proposed mitigation;

(e)the type and number of vehicles to be used; and

(f)links to the CPMMP (marine).

(2) The construction of Work No. 1A(m) must be carried out in accordance with the activity details approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details to the MMO at least 6 months prior to the proposed commencement of Work No. 1(A)(m).

Combined Drainage Outfall (CDO)

38.—(1) The construction of Work Nos. 2K and 2L must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing. The activity details must include, but are not limited to—

(a)the location and design (size and shape) of the CDO head and vertical shaft;

(b)the alignment (horizontal and vertical) of the CDO tunnel;

(c)the start and end dates for the construction;

(d)a detailed construction method statement;

(e)a description of any proposed mitigation;

(f)navigational lighting to be used;

(g)the type and number of vessels to be used; and

(h)link to the CPMMP (marine).

(2) The construction of Work Nos. 2K and 2L must be carried out in accordance with the activity details approved by the MMO in writing.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details to the MMO at least 6 months prior to the proposed commencement of the relevant Work No.

Cooling Water Intake and Outfall Heads, Shafts and Tunnels

39.—(1) The construction of Work No. 2B must not commence until a SRMMP has been submitted to the MMO in writing and approved by the MMO in writing, after consultation with Natural England. The SRMMP must be in general accordance with the Draft Sabellaria Reef Management and Monitoring Plan and must include, but is not limited to—

(a)the geographic extent of the monitoring;

(b)the monitoring methodology, frequency and duration of monitoring, and the format of the monitoring report; and

(c)explanation of how the project design reduces the loss of reef, and surrounding area available for reef to develop into, as far as practicable.

(2) The construction of Work No. 2B must be carried out in accordance with the SRMMP as approved by the MMO.

(3) Pre-construction, construction and post-construction monitoring must be undertaken in accordance with the SRMMP unless otherwise agreed in writing with the MMO.

(4) Monitoring reports, as defined within the SRMMP, must be submitted to the MMO for approval in writing.

(5) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the SRMMP at least 6 months prior to the proposed commencement of Work No. 2B.

40.—(1) The construction of Work Nos. 2A, 2C and 2E must not commence until the TBM disposal activity details have been submitted to and approved by the MMO in writing. The activity details must include, but are not limited to—

(a)the anticipated dates of disposal;

(b)the anticipated locations of the disposal, including depth beneath the seabed; and

(c)the anticipated composition and quantity of TBM equipment to be disposed of, including any oil, fuel or chemicals.

(2) The disposal of the TBM must be carried out only in general accordance with the activity details approved in writing by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details at least 6 months prior to the proposed commencement of Work Nos 2A, 2C and 2E.

(4) Confirmation of exact details as set out at (a), (b) and (c) of (1) must be submitted to the MMO in writing within two weeks of the completion of the tunnel boring activities.

41.—(1) The construction of Work Nos. 2A to 2J must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing. The activity details must include, but are not limited to—

(a)the location and design (size and shape) of the cooling water intake and outfall heads;

(b)the alignment (horizontal and vertical) of the cooling water intake and outfall tunnels;

(c)a description of any proposed mitigation;

(d)the location and design of the FRR which must be in accordance with the Environment Agency reports referenced in the Environmental Statement (Volume 2, Chapter 2, Section 2.4(d)) unless otherwise agreed in writing by the MMO; and

(e)any lessons learned from the performance of the FRR at Hinkley Point C if Hinkley Point C is operational.

(2) Work Nos. 2A to 2J must be constructed in accordance with the activity details approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details at least 6 months prior to the proposed commencement of the relevant Work No.

42.—(1) The construction of Work Nos. 2A to 2J must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing. The activity details must include, but are not limited to—

(a)the start and end dates for construction;

(b)the location of the relevant phase of the construction and drilling activities;

(c)a detailed construction method statement;

(d)the navigational lighting to be used;

(e)links to the CPMMP (marine); and

(f)the vessels to be used.

(2) Work Nos. 2A to 2J must be constructed in accordance with the activity details approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details for the relevant Work No. at least 6 months prior to the proposed commencement of the relevant Work No.

43.  Drill arisings from Work Nos. 2B, 2D and 2F must only be deposited within the “Sizewell C” disposal site set out in Part 4 (Table 10).

44.—(1) Water abstraction must not commence until a FIEMP has been submitted to and approved by the MMO in writing in consultation with the Environment Agency and Natural England. The FIEMP must be in general accordance with the Draft Fish Impingement and Entrainment Monitoring Plan and must include, but is not limited to—

(a)the monitoring arrangements for assessing the efficacy of the FRR during the commissioning of Unit 1 and Unit 2;

(b)the undertaker’s duty to consider future additional adaptive measures arising from (a) that may be required during operation of Unit 1 and Unit 2;

(c)the monitoring methodology, frequency of monitoring and format of monitoring reports; and

(d)examples of mitigation measures which could be implemented and which would be effective to mitigate particular results of the monitoring and how the appropriateness of each measure will be considered.

(e)an obligation to make the impingement and entrainment data publicly available with the reports required by the FIEMP.

(2) The FIEMP must be implemented as approved in writing by the MMO.

(3) Monitoring reports, as defined within the FIEMP, must be submitted to the MMO for approval in writing.

(4) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the FIEMP at least 6 months prior to the proposed commencement of water abstraction.

45.—(1) Water abstraction must not commence until a SMP has been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The SMP must include, but is not limited to—

(a)a monitoring method statement;

(b)the frequency of monitoring; and

(c)the format of monitoring reports.

(2) The SMP must be implemented as approved by the MMO in writing.

(3) Pre-construction, construction and post-construction monitoring must be undertaken in accordance with the FIEMP unless otherwise agreed in writing with the MMO.

(4) Monitoring reports, as defined within the SMP, must be submitted to the MMO for approval in writing.

(5) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the SMP at least 6 months prior to the proposed commencement of water abstraction.

46.—(1) Work Nos. 2M, 2N, 2O and 2P must not commence until the following activity details have been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The details must include, but are not limited to:

(a)the location, design, size and shape of the temporary desalination plant intake head (including the PWWC, outfall head and associated vertical shafts);

(b)the alignment (horizontal and vertical) of temporary desalination plant intake and outfall tunnels;

(c)start and end dates for the installation;

(d)installation methodology and detailed method statement;

(e)removal methodology and detailed method statement, to include headworks, anti-scour mats and depth to which the tunnels must be removed to avoid legacy impacts on coastal processes. Removal must be carried out prior to commencement of hot functional commissioning testing;

(f)any proposed mitigation;

(g)navigational lighting to be used on plant;

(h)vessels to be used; and

(i)links to the CPMMP (marine).

(2) The construction and removal of Work Nos. 2M, 2N, 2O and 2P shall be carried out in accordance with the details approved by the MMO.

(3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details to the MMO at least 6 months prior to the proposed commencement of the relevant Work No.