The National Grid (Hinkley Point C Connection Project) Order 2016

Article 35

SCHEDULE 9 DEEMED MARINE LICENCE

PART 1 INTRODUCTORY

Interpretation

1.—(1) In this licence—

“the 2008 Act” means the Planning Act 2008(1);

“the 2009 Act” means the Marine and Coastal Access Act 2009(2);

“authorised development” has the meaning given in paragraph 4;

“Environmental Statement” means the environmental statement (May 2014 – Documents 5.1 to 5.7.3.13, 5.8.1 to 5.19, 5.22.1, 5.22.2.1 to 5.22.3, 5.23.1 to 5.23.4, and 5.24), the environmental statement advertisement for consultation on increased pylon height within Bristol Port, Avonmouth (June 2015 - Document 5.34.2), the National Grid’s report of environmental statement sensitivity test advertisement (March 2015 – Document 8.8) and the documents contained in or named in the consolidated errata and changes (June 2015 – Document 5.30.B.1, 5.30.B.2 and 5.30.B.3) submitted by National Grid to support its application, as set out in the Guide to the Application Document 1.7I including Document 5.21.2A incorrectly referred to as superseded, Document 5.22.1A referred to as the latest when it is supplementary, but excluding Document 5.27 which does not form part of the Environmental Statement;

“licence holder” means the undertaker and any agent, contractor or sub-contractor acting on its behalf;

“licensed activity” means any activity described in Part 2 of this licence;

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct or replace the authorised development, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the Environmental Statement, and any derivative of “maintain” must be construed accordingly;

“mean high water springs” means the average of high water heights occurring at the time of the spring tides;

“MMO” means the Marine Management Organisation;

“Public Rights of Navigation Plan” means the plan listed in Part 4 of Schedule 2 (plans) to the Order and certified as the Public Rights of Navigation Plan by the Secretary of State under article 44 of the Order

“the Order” means the National Grid (Hinkley Point C Connection Project) Order 2016;

“SAC habitat” means the habitat within a Special Area of Conservation entered in the Register of European Sites, held by the Department for Environment, Food and Rural Affairs;

“the undertaker” means National Grid Electricity Transmission plc (registered company number 2366977);

“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a barge, a jack up barge, a seaplane or helicopter on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in or over water and which is at the time in, on or over water.

“Works Plans” means the plans listed in Part 8 of Schedule 2 (plans) to the Order and certified as the Works Plans by the Secretary of State under article 44 of the Order, references to a particular Works Plan must be construed accordingly

(2) Unless otherwise specified, all geographical co-ordinates given in this Schedule are in latitude and longitude degrees and minutes to two decimal places.

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, Newcastle Business Park, Newcastle upon Tyne, NE4 7YH and where contact to the MMO Local Office is required, the following contact details should be used: The Fish Quay, Sutton Harbour, Plymouth, Devon PL4 0LH, Tel: [phone] Fax: [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] and where contact to the MMO Local Office is required, the following address should be used: [e-mail].

PART 2 LICENSED ACTIVITIES

3.  Subject to the licence conditions in Part 4 of this licence, this licence authorises the licence holder to carry out any licensable marine activities under section 66(1) of the 2009 Act which involve the construction, alteration or improvement of any works in or over the sea or on or under the sea bed and which—

(a) form part of the authorised development; and

(b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 of the 2009 Act.

4.  In this licence, “authorised development” means—

(a) Work No. 1G – LD, as set out in Schedule 1 to the Order, concerning the route south of River Avon to Seabank Substation, namely—

(i) Works to construct a 400kV overhead electric line, between pylon P-LD106 and Seabank 400kV Substation. The route is 8.3km in length commencing at pylon P-LD106 on Works Plan section G sheet 2 and terminating at Seabank 400kV Substation on Works Plan section G sheet 7 and consists of 27 pylons and the installation of conductors, insulators and fittings.

(ii) The works include installation and construction of a temporary site compound along the route of the overhead electric line, as shown on Works Plan section G sheet 3, containing welfare facilities, material lay down and parking areas.

(b) Any other development authorised by the Order, which is development within the meaning of section 32 of the 2008 Act, and more particularly the installation of a 400kV overhead electric line, in the vicinity of, and over, the River Avon as is shown hatched on Section G, Sheet 1 of the Public Rights of Navigation Plan.

PART 3 ENFORCEMENT

5.  Any breach of this licence does not constitute a breach of the Order but is subject to the enforcement regime in Chapter 3 of Part 4 of the 2009 Act as a licence deemed to have been granted under section 149A of that Act.

PART 4 CONDITIONS

6.  For such of the licensable marine activities that involve the construction, alteration or improvement of works in or over the sea or on or under the sea bed, the conditions below apply to any person who for the time being owns, occupies or enjoys any use of those works.

7.  Should the licence holder become aware that any of the information on which the granting of this licence was based has changed or is likely to change, the licence holder must notify the MMO at the earliest opportunity.

Prior to the commencement of the works

8.—(1) The licence holder must submit a detailed method statement at least 20 business days prior to the commencement of the first licensed marine activity for approval by the MMO.

(2) The authorised development must be undertaken in accordance with the approved method statement.

9.  The licence holder must inform the MMO and Environment Agency in writing of the intended start date and the likely duration of licensed activities on a site at least 10 business days prior to the commencement of the first licensed marine activity.

10.  The licence holder must ensure that it inform the MMO in writing of all contractor and vessel details at least 10 business days prior to commencement of any licensed marine activity.

11.  The licence holder must inform the MMO Local Office in writing of the timetable of the licensed activities at least 10 business days prior to commencement of any licensed marine activity.

12.  The licence holder must inform the relevant harbour authorities in writing of the licensed marine activities (including timetable, contractor and vessel details) at least 20 business days prior to commencement of any licensed activity. The contact details are as follows—

(1) Marine Department, The Bristol Port Company, Avonmouth Docks, Avonmouth, Bristol BS11 9AT, [e-mail], Tel: [phone]

(2) Bristol City Docks, Harbour Office, Underfall Yard, Cumberland Road, Bristol BS1 6XG, [e-mail], Tel: [phone].

Upon commencement of the works

13.  Should vessels be used on the surface of the water, temporary ground protection in the form of trackway or similar must be used to protect the salt marsh SAC habitats when taking the pilot bonds to the vessels.

14.  Should vessels be used on the surface of the water: the vessels must only be used at periods of high tide to avoid disturbing intertidal habitats.

15.  The licence holder 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 Environment Agency Pollution Prevention Guidelines.

16.  The licence holder must ensure suitable bunding or storage facilities are employed to prevent the release of fuel oils, lubricating fluids and chemicals associated with vessels, plant and equipment into the marine environment.

17.  The licence holder must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO, Marine Pollution Response Team—

Within Office hours: 0870 785 1050

Outside Office hours: 07770 977 825

At all times if other numbers out of order 0845 051 8486

Email: [e-mail]

18.  Any construction materials that are misplaced below mean high water springs and cannot be recovered must be located and their position notified to the MMO Local Office and the MMO as deemed Licensing Authority within 48 hours.

19.  The licence holder must ensure that the MMO Local Office is notified in writing of the completion of the works within 10 business days following the completion of any of the works.

20.  The licence holder must ensure that any equipment, temporary structures, waste and debris associated with the works are removed within 20 business days of completion of any of the works.

21.—(1) The licence holder must ensure that if maintenance is required which involves a licensable marine activity (“marine licensable maintenance works”), a methodology for such maintenance must be submitted to the MMO for agreement in writing at least 28 business days prior to commencement of any maintenance works amounting to licensable marine activity.

(2) No marine licensable maintenance works referred to in paragraph 21(1) may commence without prior written approval from the MMO.

(3) This condition does not apply to maintenance works which are taken in an emergency, in accordance with section 86 of the 2009 Act.

(1)

2008 c. 29.

(2)

2009 c. 23.