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The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

    1. 3.Development consent, etc. granted by Order

    2. 4.Maintenance of authorised project

    3. 5.Operation of generating stations

    4. 6.Requirements: appeals, etc.

    5. 7.Benefit of Order

    6. 8.Consent to transfer benefit of Order

    7. 9.Bizco 1 and Bizco 4 may enter certain land for purpose of construction

    8. 10.Disapplication and modification of legislative provisions

    9. 11.Offshore works: abandonment, decay or removal

    10. 12.Defence to proceedings in respect of statutory nuisance

  4. PART 3

    1. 13.Street works

    2. 14.Temporary stopping up of streets

    3. 15.Access to works

    4. 16.Agreements with street authorities

  5. PART 4

    1. 17.Discharge of water

    2. 18.Protective work to buildings

    3. 19.Authority to survey and investigate land

    4. 20.Removal of human remains

  6. PART 5

    1. 21.Compulsory acquisition of land

    2. 22.Compulsory acquisition of land: minerals

    3. 23.Time limit for exercise of authority to acquire land compulsorily, etc.

    4. 24.Compulsory acquisition of rights

    5. 25.Private rights of way

    6. 26.Application of Compulsory Purchase (Vesting Declarations) Act 1981

    7. 27.Acquisition of part of certain properties

    8. 28.Rights under or over streets

    9. 29.Temporary use of land for carrying out authorised project

    10. 30.Temporary use of land for maintaining authorised project

    11. 31.Statutory undertakers

    12. 32.Recovery of costs of new connections

    13. 33.Application of landlord and tenant law

    14. 34.Special category land

  7. PART 6

    1. 35.Railway and navigation undertakings

    2. 36.Trees subject to tree preservation orders

    3. 37.Operational land for purposes of 1990 Act

    4. 38.Felling or lopping of trees and removal of hedgerows

    5. 39.Deemed licences under Marine and Coastal Access Act 2009

    6. 40.Saving for Trinity House

    7. 41.Crown rights

    8. 42.Certification of plans and documents, etc.

    9. 43.Protective provisions

    10. 44.Arbitration

  8. Signature

    1. SCHEDULE 1

      Authorised project

      1. PART 1 Authorised development

      2. PART 2 Ancillary works

      3. PART 3 Requirements

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Detailed offshore design parameters

        4. 4.(1) Subject to sub-paragraph (2), no wind turbine generator forming...

        5. 5.(1) The total number of offshore platforms forming part of...

        6. 6.(1) Only 1 of Work No. 2BA and Work No....

        7. 7.Layout rules

        8. 8.Aviation lighting

        9. 9.The undertaker must exhibit such lights, with such shape, colour...

        10. 10.Offshore decommissioning

        11. 11.Stages of authorised development onshore

        12. 12.Detailed design approval onshore

        13. 13.(1) The onshore works must be carried out in accordance...

        14. 14.Provision of landscaping

        15. 15.Implementation and maintenance of landscaping

        16. 16.Fencing and other means of enclosure

        17. 17.Highway accesses

        18. 18.Surface and foul water drainage

        19. 19.(1) Work No. 7 must not commence until a detailed...

        20. 20.Archaeology

        21. 21.Ecological management plan

        22. 22.Code of construction practice, etc.

        23. 23.Construction environmental management plan

        24. 24.Construction hours

        25. 25.Control of noise during operational phase

        26. 26.Control of artificial light emissions

        27. 27.Construction-phase traffic management plan

        28. 28.European protected species: onshore

        29. 29.Restoration of land used temporarily for construction

        30. 30.Interference with telecommunications

        31. 31.Onshore decommissioning

        32. 32.Emergency response plan

        33. 33.Amendments to approved details

    2. SCHEDULE 2

      Streets subject to street works

    3. SCHEDULE 3

      Streets to be temporarily stopped up

    4. SCHEDULE 4

      Access to works

    5. SCHEDULE 5

      Land over which only new rights may be acquired

    6. SCHEDULE 6

      Modification of compensation and compulsory purchase enactments for creation of new rights

      1. 1.Compensation enactments modified

      2. 2.Land Compensation Act 1973 modified

      3. 3.Compulsory Purchase Act 1965 modified

    7. SCHEDULE 7

      Land of which temporary possession may be taken

    8. SCHEDULE 8

      Marine Licence 1: Project A Offshore (Generation – Works No. 1A and 2T)

      1. PART A Licensed activities

        1. 1.Interpretation

        2. 2.Details of licensed activities

      2. PART B Conditions

        1. 3.Detailed offshore design parameters

        2. 4.(1) The total number of offshore platforms forming part of...

        3. 5.Layout rules

        4. 6.Notifications and inspections

        5. 7.Chemicals, drilling and debris

        6. 8.Force majeure

        7. 9.Pre-construction plans and documentation

        8. 10.(1) Each programme, statement, plan, protocol, scheme or details required...

        9. 11.Offshore safety management

        10. 12.Reporting of engaged agents, contractors and vessels

        11. 13.Equipment and operation of vessels engaged in licensed activities

        12. 14.Pre-construction monitoring

        13. 15.Construction monitoring

        14. 16.Post-construction surveys

        15. 17.Post-construction maintenance plan

        16. 18.Aids to navigation

        17. 19.The undertaker must keep Trinity House and the MMO informed...

        18. 20.The undertaker must notify Trinity House and the MMO of...

        19. 21.The undertaker must at or near the authorised scheme during...

        20. 22.The undertaker must submit reports quarterly to the MMO and...

        21. 23.In case of damage to, or destruction or decay of,...

        22. 24.Colour of authorised scheme

        23. 25.Amendments to plans, etc.

    9. SCHEDULE 9

      Marine Licence 2: Project B Offshore (Generation – Works No. 1B and 2T)

      1. PART A Licensed activities

        1. 1.Interpretation

        2. 2.Details of licensed activities

      2. PART B

        1. 3.Detailed offshore design parameters

        2. 4.(1) The total number of offshore platforms forming part of...

        3. 5.Layout rules

        4. 6.Notifications and inspections

        5. 7.Chemicals, drilling and debris

        6. 8.Force majeure

        7. 9.Pre-construction plans and documentation

        8. 10.(1) Each programme, statement, plan, protocol, scheme or details required...

        9. 11.Offshore safety management

        10. 12.Reporting of engaged agents, contractors and vessels

        11. 13.Equipment and operation of vessels engaged in licensed activities

        12. 14.Pre-construction monitoring

        13. 15.Construction monitoring

        14. 16.Post-construction surveys

        15. 17.Post-construction maintenance plan

        16. 18.Aids to navigation

        17. 19.The undertaker must keep Trinity House and the MMO informed...

        18. 20.The undertaker must notify Trinity House and the MMO of...

        19. 21.The undertaker must at or near the authorised scheme during...

        20. 22.The undertaker must submit reports quarterly to the MMO and...

        21. 23.In case of damage to, or destruction or decay of,...

        22. 24.Colour of authorised scheme

        23. 25.Amendments to plans, etc.

    10. SCHEDULE 10

      Marine Licence 3: Project A Offshore (Transmission – Works No. 2A, 3A and 2T)

      1. PART A Licensed activities

        1. 1.Interpretation

        2. 2.Details of licensed activities

      2. PART B Conditions

        1. 3.Detailed offshore design parameters

        2. 4.Layout rules

        3. 5.Notifications and inspections

        4. 6.Chemicals, drilling and debris

        5. 7.Force majeure

        6. 8.Pre-construction plans and documentation

        7. 9.(1) Each programme, statement, plan, protocol, scheme or details required...

        8. 10.Offshore safety management

        9. 11.Reporting of engaged agents, contractors and vessels

        10. 12.Equipment and operation of vessels engaged in licensed activities

        11. 13.Pre-construction monitoring

        12. 14.Construction monitoring

        13. 15.Post-construction surveys

        14. 16.Post-construction maintenance plan

        15. 17.Aids to navigation

        16. 18.The undertaker must keep Trinity House and the MMO informed...

        17. 19.The undertaker must notify Trinity House and the MMO of...

        18. 20.The undertaker must at or near the authorised scheme during...

        19. 21.The undertaker must submit reports quarterly to the MMO and...

        20. 22.In case of damage to, or destruction or decay of,...

        21. 23.Colour of authorised scheme

        22. 24.Amendments to plans, etc.

    11. SCHEDULE 11

      Marine Licence 4: Project B Offshore (Transmission Works No. 2B, 2BA or 2BC, 3B and 2T)

      1. PART A Licensed activities

        1. 1.Interpretation

        2. 2.Details of licensed activities

      2. PART B Conditions

        1. 3.Detailed offshore design parameters

        2. 4.Layout rules

        3. 5.Notifications and inspections

        4. 6.Chemicals, drilling and debris

        5. 7.Force majeure

        6. 8.Pre-construction plans and documentation

        7. 9.(1) Each programme, statement, plan, protocol, scheme or details required...

        8. 10.Offshore safety management

        9. 11.Reporting of engaged agents, contractors and vessels

        10. 12.Equipment and operation of vessels engaged in licensed activities

        11. 13.Pre-construction monitoring

        12. 14.Construction monitoring

        13. 15.Post-construction surveys

        14. 16.Post-construction maintenance plan

        15. 17.Aids to navigation

        16. 18.The undertaker must keep Trinity House and the MMO informed...

        17. 19.The undertaker must notify Trinity House and the MMO of...

        18. 20.The undertaker must at or near the authorised scheme during...

        19. 21.The undertaker must submit reports quarterly to the MMO and...

        20. 22.In case of damage to, or destruction or decay of,...

        21. 23.Colour of authorised scheme

        22. 24.Amendments to plans, etc.

    12. SCHEDULE 12

      Protective provisions

      1. PART 1 Protection of electricity, gas, water and sewerage undertakers

        1. 1.The provisions of this Part have effect unless otherwise agreed...

        2. 2.In this Part— “alternative apparatus” means alternative apparatus adequate to...

        3. 3.This Part does not apply to— (a) apparatus in respect...

        4. 4.Despite any provision in this Order or anything shown on...

        5. 5.(1) If, in the exercise of the powers conferred by...

        6. 6.(1) Where, in accordance with this Part, the undertaker affords...

        7. 7.(1) Not less than 28 days before starting the execution...

        8. 8.(1) Subject to the provisions of this paragraph, the undertaker...

        9. 9.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        10. 10.Nothing in this Part affects the provisions of any enactment...

        11. 11.In relation to any dispute arising under this Part, the...

      2. PART 2 Protection of Network Rail Infrastructure Limited

        1. 1.The provisions of this Part have effect unless otherwise agreed...

        2. 2.In this Part— “construction” includes execution, placing, alteration and reconstruction...

        3. 3.(1) Where under this Part Network Rail is required to...

        4. 4.(1) The undertaker must not exercise the powers conferred by...

        5. 5.(1) The undertaker must before commencing construction of any specified...

        6. 6.(1) Any specified work and any protective works to be...

        7. 7.The undertaker must— (a) at all times afford reasonable facilities...

        8. 8.Network Rail must at all times afford reasonable facilities to...

        9. 9.(1) If any permanent or temporary alterations or additions to...

        10. 10.The undertaker must repay to Network Rail all reasonable fees,...

        11. 11.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 12.If at any time after the completion of a specified...

        13. 13.The undertaker must not provide any illumination or illuminated sign...

        14. 14.Any additional expenses that Network Rail may reasonably incur in...

        15. 15.(1) The undertaker must pay to Network Rail all reasonable...

        16. 16.Network Rail must, on receipt of a request from the...

        17. 17.In the assessment of any sums payable to Network Rail...

        18. 18.The undertaker and Network Rail may, subject in the case...

        19. 19.Nothing in this Order, or in any enactment incorporated with...

        20. 20.The undertaker must give written notice to Network Rail if...

        21. 21.The undertaker must, no later than 28 days from the...

      3. PART 3 Protection of operators of electronic communications code networks

        1. 1.(1) The provisions of this Part have effect unless otherwise...

        2. 2.The temporary stopping up or diversion of any street under...

        3. 3.(1) Subject to sub-paragraphs (2) to (4), if as the...

      4. PART 4 Protection of offshore cables and pipelines

        1. 1.The provisions of this Part have effect unless otherwise agreed...

        2. 2.(1) In this Part— “cables” means the whole or any...

        3. 3.Despite anything in this Order or shown on the works...

        4. 4.Despite anything in this Order, except in the case of...

        5. 5.The undertaker must use its best endeavours—

        6. 6.Not less than 8 months before commencing construction of the...

        7. 7.On giving any notice to the undertaker under paragraph 6,...

        8. 8.Not less than 4 months before commencing construction of any...

        9. 9.At any time within a period of 1 month from...

        10. 10.Except in the case of protective works that the Company...

        11. 11.In the case of protective works of which the Company...

        12. 12.Except in an emergency (when it must give such notice...

        13. 13.The undertaker must repay to the Company the reasonable expenses...

        14. 14.The undertaker must repay to the Company the reasonable expenses...

        15. 15.The preceding provisions of this Part do not apply in...

        16. 16.Nothing in this Part affects any enactment or any regulations...

      5. PART 5 Protection of Environment Agency

        1. 1.(1) The provisions of this Part have effect unless otherwise...

        2. 2.(1) Before commencing construction of any specified work, the undertaker...

        3. 3.Without limiting paragraph 2 but subject always to the provision...

        4. 4.(1) Subject to sub-paragraph (2), the specified work, and all...

        5. 5.(1) Subject to sub-paragraph (6), the undertaker must from the...

        6. 6.Subject to paragraph 8, if by reason of the construction...

        7. 7.(1) The undertaker must take all such measures as may...

        8. 8.(1) Nothing in paragraphs 4(5), 5(3), 6 and 7(3) and...

        9. 9.The undertaker must indemnify the Agency in respect of all...

        10. 10.(1) Without limiting the other provisions of this Part, the...

        11. 11.The fact that any work or thing has been executed...

        12. 12.Any dispute arising between the undertaker and the Agency under...

  10. Explanatory Note

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