The Boston Alternative Energy Facility Order 2023

4.—(1) In this licence, “ authorised development” means the construction, maintenance and operation of the following activities authorised in relation to the construction, maintenance and operation of Work No. 4—

(a) the construction of a suspended deck wharf structure, forming 7.2m AOD flood defence line wall, containing three berthing points and tie-in to the existing flood defence;

(b) the creation by capital dredging, use and maintenance of a berthing pocket within the following parameters—

Table 1

Dimension	Parameter
Length	570m ±5%
Width	110m ±5%
Depth	-3.5m OD ±5%
Area to be dredged	62,700 m2±10%
Volume of material to be removed	225,000m3±10%

(c) the construction and maintenance of scour protection;

(d) the construction of piles and pile caps within The Haven supporting piers and fendering;

(e) the construction of fendering within The Haven;

(f) the construction of a mooring within The Haven;

(g) the implementation of appropriate lighting to ensure safe operation of the wharf;

(h) the construction of a drainage system for the wharf;

(i) the implementation of shore to ship power;

(j) the powers conferred by article 19(1) (powers in relation to relevant navigations or watercourses) of this Order;

(k) for the purposes of, or in connection with, the construction, operation or maintenance of any of the works and other development mentioned above, ancillary or related development which does not give rise to any materially new or materially different effects than those assessed in the environmental statement, consisting of—

(i) activities within The Haven and within the Order limits to—

(aa) carry out excavations and clearance, deepening, scouring, cleansing, dumping and pumping operations;

(bb) use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995(1)) obtained in carrying out any such operations;

(cc) remove and relocate any vessel or structure sunk, stranded, abandoned, moored or left (whether lawfully or not);

(dd) temporarily remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of The Haven;

(ee) construct, place and maintain works and structures; and

(ff) provide lighting, signage and aids to navigation,

(ii) other works and development—

(aa) to provide or alter embankments, foundations, retaining walls, drainage works, outfalls, pollution control devices, pumping stations, culverts, wing walls, fire suppression system water tanks and associated plant and equipment, lighting and fencing;

(bb) to alter the course of, or otherwise interfere with, navigable or non-navigable watercourses; and

(cc) to provide works associated with the provision of ecological mitigation and other works to mitigate any adverse effects of the construction, operation or maintenance of the authorised development;

(iii) such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance, operation or use of the authorised development, including—

(aa) maintenance dredging; and

(bb) other works associated with the provision of ecological mitigation, or to mitigate any adverse effect of the construction, maintenance and operation of the works or to benefit or protect any person or premises affected by the construction, maintenance and operation of the works;

(iv) activities to carry out works and development of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the operation and maintenance of the authorised development; and

(l) any other development within the meaning of section 32 (meaning of “development”) of the 2008 Act that is authorised by the Order;

but does not include the removal, relocation or detonation of ordinance.

(2) The undertaker (and any agent, contractor or subcontractor acting on its behalf) may engage in the licensed activities in the area bounded by the coordinates set out in Table 2 in this paragraph and more particularly shown on the works plans, to the extent that they fall below MHWS at the time the licensed activities are carried out.

Table 2

Point Reference	Easting	Northing
P01	534289.711000	342260.128000
P02	534168.677241	342181.781948
P03	534186.659851	342242.491799
P04	533845.617735	342661.592680
P05	533947.150000	342716.200000

(3) The undertaker (and any agent, contractor or subcontractor acting on its behalf) may engage in works associated with the provision of ecological mitigation in the area bounded by the coordinates set out in Table 3 in this paragraph and more particularly shown on the works plans, to the extent that they fall below MHWS at the time the works are carried out.

Table 3

Point Reference	Easting	Northing
MP01	534347.890096	342095.811837
MP02	534341.169854	342093.522370
MP03	534338.522725	342044.386572
MP04	534531.722964	341792.122480
MP05	534565.378031	341825.936298

(1)

1995 c. 21.