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The Awel y Môr Offshore Wind Farm Order 2023

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  1. Introductory Text

  2. PART 1 Preliminary

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 Principal Powers

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

    2. 4.Operation of generating station

    3. 5.Power to maintain the authorised development

    4. 6.Benefit of the Order

    5. 7.Application and modification of legislative provisions

    6. 8.Defence to proceedings in respect of statutory nuisance

  4. PART 3 Streets

    1. 9.Street works

    2. 10.Application of the 1991 Act

    3. 11.Temporary stopping up of rights of way

    4. 12.Temporary restriction of use of streets

    5. 13.Access to works

  5. PART 4 Supplemental powers

    1. 14.Discharge of water

    2. 15.Authority to survey and investigate the land

    3. 16.Protective works to buildings

    4. 17.Removal of human remains

  6. PART 5 Powers of acquisition

    1. 18.Compulsory acquisition of land

    2. 19.Time limit for exercise of authority to acquire land compulsorily

    3. 20.Compulsory acquisition of rights

    4. 21.Compulsory acquisition of land: minerals

    5. 22.Private rights

    6. 23.Application of the 1981 Act

    7. 24.Acquisition of subsoil only

    8. 25.Modification of Part 1 of the 1965 Act

    9. 26.Rights under or over streets

    10. 27.Temporary use of land for carrying out the authorised development

    11. 28.Temporary use of land for maintaining the authorised development

    12. 29.Statutory undertakers

    13. 30.Recovery of costs of new connections

    14. 31.Funding

  7. PART 6 Miscellaneous and general

    1. 32.Application of landlord and tenant law

    2. 33.Felling or lopping of trees and removal of hedgerows

    3. 34.Trees subject to tree preservation orders

    4. 35.Abatement of works abandoned or decayed

    5. 36.Saving provisions for Trinity House

    6. 37.Crown rights

    7. 38.Protective provisions

    8. 39.Operational land for the purposes of the 1990 Act

    9. 40.Certification of plans, etc.

    10. 41.Service of notices

    11. 42.No double recovery

    12. 43.Requirements, appeals, etc.

    13. 44.Arbitration

  8. Signature

    1. SCHEDULE 1

      Authorised development

      1. PART 1 Authorised development

      2. PART 2 Ancillary works

    2. SCHEDULE 2

      Requirements

      1. 1.Time limits

      2. 2.Offshore design parameters

      3. 3.Aviation safety

      4. 4.Offshore Noise

      5. 5.Stages of authorised development

      6. 6.Substation works

      7. 7.Detailed design parameters onshore

      8. 8.Provision of landscaping

      9. 9.Implementation and maintenance of landscaping

      10. 10.Code of construction practice

      11. 11.Highway accesses

      12. 12.Onshore archaeology

      13. 13.Landscape and Ecology management plan

      14. 14.European protected species onshore

      15. 15.Construction hours

      16. 16.Surface and foul water drainage

      17. 17.Restoration of land used temporarily for construction

      18. 18.Control of noise during operational stage

      19. 19.Control of operational artificial light emissions

      20. 20.Skills and Employment Strategy

      21. 21.Offshore decommissioning

      22. 22.Onshore decommissioning

      23. 23.Great Dun Fell and St Annes Primary Radar Mitigation Scheme

      24. 24.Landscape enhancement scheme

      25. 25.Wake effects

      26. 26.Requirement for written approval

      27. 27.Amendments to approved details

    3. SCHEDULE 3

      Streets subject to street works

    4. SCHEDULE 4

      Rights of way to be temporarily stopped up or restricted

    5. SCHEDULE 5

      Access to works

    6. SCHEDULE 6

      Land of which only temporary possession may be taken

    7. SCHEDULE 7

      Land in which only new rights etc. may be acquired

    8. SCHEDULE 8

      Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants

      1. 1.Compensation enactments

      2. 2.(1) Without limitation on the scope of paragraph 1, the...

      3. 3.(1) Without limitation on the scope of paragraph 1, the...

      4. 4.Application of Part 1 of the 1965 Act

      5. 5.References in the 1965 Act to land are, in the...

      6. 6.For section 7 (measure of compensation in case of severance)...

      7. 7.The following provisions of the 1965 Act (which state the...

      8. 8.Section 11 (powers of entry) of the 1965 Act is...

      9. 9.Section 20 (tenants at will, etc.) of the 1965 Act...

      10. 10.Section 22 (interests omitted from purchase) of the 1965 Act...

      11. 11.For Schedule 2A of the 1965 Act substitute— SCHEDULE 2A...

    9. SCHEDULE 9

      Protective provisions

      1. PART 1 Protection for 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.On street apparatus and offshore works

        4. 4.Acquisition of land

        5. 5.Removal of apparatus

        6. 6.Facilities and rights for alternative apparatus

        7. 7.Retained apparatus

        8. 8.Expenses and costs

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

        10. 10.Miscellaneous

      2. PART 2 For the protection of Dŵr Cymru Cyfyngedig (DC)

        1. 11.For the protection of DC referred to in this Part...

        2. 12.In this Part of this Schedule: “accessories” has the same...

        3. 13.(1) Regardless of any provision in this Order or anything...

        4. 14.Precedence of the WIA 1991

        5. 15.Protection of DC apparatus

        6. 16.Suspension of works

        7. 17.Co-Operation

        8. 18.Emergency Works

        9. 19.Damage to DC apparatus

      3. PART 3 For the protection of National Grid

        1. 20.Application

        2. 21.Interpretation

        3. 22.Interaction with the Bodelwyddan Project

        4. 23.National Grid connection works

        5. 24.(1) Before beginning to construct any National Grid connection works,...

        6. 25.(1) Any approval of National Grid required under this Schedule—...

        7. 26.(1) The undertaker must give to National Grid not less...

        8. 27.On Street Apparatus

        9. 28.Apparatus of National Grid in streets subject to temporary stopping up

        10. 29.Protective works to buildings

        11. 30.Acquisition of land

        12. 31.Removal of apparatus

        13. 32.Facilities and rights for alternative apparatus

        14. 33.Retained apparatus: Protection of National Grid as Electricity Undertaker

        15. 34.Expenses

        16. 35.Indemnity

        17. 36.Enactments and agreements

        18. 37.Co-operation

        19. 38.Access

        20. 39.Arbitration

        21. 40.Notices

      4. PART 4 For the protection of SP Manweb as electricity undertaker

        1. 41.Application

        2. 42.Interpretation

        3. 43.On Street Apparatus

        4. 44.Acquisition of land

        5. 45.Removal of apparatus

        6. 46.Facilities and rights for alternative apparatus

        7. 47.Retained apparatus: Protection of SP Manweb as Electricity Undertaker

        8. 48.Expenses

        9. 49.Indemnity

        10. 50.Enactments and agreements

        11. 51.Co-operation

        12. 52.Access

        13. 53.Arbitration

      5. PART 5 Protection for operators of electronic communications code networks

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

        2. 55.In this Part— “the 2003 Act” means the Communications Act...

        3. 56.The exercise of the powers conferred by article 29 (statutory...

        4. 57.(1) Subject to sub-paragraphs (2) to (4), if as a...

      6. PART 6 For the protection of Network Rail Infrastructure Limited

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

        2. 59.In this Part— “asset protection agreement” means an agreement to...

        3. 60.(1) Where under this Part Network Rail is required to...

        4. 61.(1) The undertaker must not exercise the powers conferred by—...

        5. 62.(1) The undertaker must before commencing construction of any specified...

        6. 63.(1) Any specified work and any protective works to be...

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

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

        9. 66.(1) If any permanent or temporary alterations or additions to...

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

        11. 68.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

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

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

        15. 72.(1) The undertaker must— (a) pay to Network Rail all...

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

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

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

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

        20. 77.The undertaker must give written notice to Network Rail where...

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

      7. PART 7 For the protection of Rhyl Flats Wind Farm Limited

        1. 79.Application

        2. 80.Interpretation

        3. 81.Consent for specified works

        4. 82.(1) The undertaker must not under the powers of this...

        5. 83.(1) The undertaker must give to the Company not less...

        6. 84.(1) The undertaker must not exercise the powers conferred by...

        7. 85.To ensure its compliance with this Part, the undertaker must...

        8. 86.The undertaker and the Company must each act in good...

        9. 87.Expenses

        10. 88.Indemnity

        11. 89.Arbitration

      8. PART 8 For the protection of Conwy County Borough Council

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

        2. 91.In this Part— “OPNMP” means Offshore Piling Noise Monitoring Plan,...

        3. 92.(1) Prior to the commencement of any offshore piling as...

        4. 93.(1) The undertaker may, at any time following approval of...

        5. 94.The authorised development must be carried out in accordance with...

        6. 95.The undertaker will give Conwy County Borough Council not less...

        7. 96.Nothing in any OPNMP may conflict with requirement 4 of...

        8. 97.Any approval required under this Part must not be unreasonably...

        9. 98.Any difference or dispute arising between the undertaker and Conwy...

      9. PART 9 For the protection of Wales and West Utilities

        1. 99.For the protection of Wales and West Utilities as referred...

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

        3. 101.On street apparatus and offshore works

        4. 102.Apparatus in streets subject to temporary restriction

        5. 103.Acquisition of land

        6. 104.Removal of apparatus

        7. 105.Facilities and rights for alternative apparatus

        8. 106.Retained apparatus

        9. 107.Expenses and costs

        10. 108.(1) Subject to sub-paragraph (2) and (3) if by reason...

        11. 109.Enactments and agreements

      10. PART 10 For the protection of Welsh Ministers as Strategic Highway Authority

        1. 110.Application

        2. 111.Interpretation

        3. 112.Approvals

        4. 113.(1) Prior to the commencement of the works the undertaker...

        5. 114.No crossing is to take place until a monitoring regime...

        6. 115.Approval under this Part may be sought in one or...

        7. 116.Any approval of the WM under this Part may be...

        8. 117.The undertaker must contact any owners or operators of apparatus...

        9. 118.The undertaker must pay a fee of £250 to the...

        10. 119.Indemnity

        11. 120.The undertaker (or any person carrying out works on its...

        12. 121.Traffic management

        13. 122.The undertaker must execute the works in strict accordance with...

        14. 123.Inspections

        15. 124.Exercise of the right to inspect under paragraph 123 must...

        16. 125.If required by the WM, the undertaker must provide link...

        17. 126.(1) The undertaker must compensate the WM in respect of...

        18. 127.Reinstatement

        19. 128.(1) Where, in the reasonable opinion of the WM, any...

        20. 129.Any and all costs associated with the reinstatement work will...

        21. 130.Notice of completion of Works

        22. 131.The undertaker must supply the WM with as built records...

        23. 132.The undertaker must submit a Geotechnical Feedback Report (GFR as...

        24. 133.After the apparatus has been placed, the undertaker must not...

        25. 134.Arbitration

        26. 135.Notices

        27. 136.Cease of Use or Abandonment

        28. 137.If the apparatus is abandoned or the consent is surrendered...

        29. 138.If the undertaker proposes to part with his interest in...

        30. 139.Maintenance

      11. PART 11 For the protection of North Hoyle Wind Farm Limited

        1. 140.Application

        2. 141.Interpretation

        3. 142.Requirement for approval of method statement and surveys

        4. 143.If by the expiry of 28 days, beginning on the...

        5. 144.The undertaker must, at its own cost, carry out all...

        6. 145.In granting its approval (or deemed approval) of the method...

        7. 146.The undertaker must use all reasonable endeavours to ensure the...

        8. 147.Requirement for notification of start of works

        9. 148.Carrying out of works

        10. 149.The undertaker must ensure that the specified work are carried...

        11. 150.Any contractor and/or subcontractor used by the undertaker for the...

        12. 151.Either during the installation or as soon as practicable after...

        13. 152.The undertaker must provide the Company with the actual as-laid...

        14. 153.The undertaker must ensure that the risk of dropped object,...

        15. 154.Future specified work

        16. 155.Notwithstanding the provisions of paragraph 154, if any future specified...

        17. 156.Subject to paragraphs 154 and 155, where the undertaker requires...

        18. 157.Works on Company cables

        19. 158.Restrictions on anchors and moorings

        20. 159.Indemnity and liabilities

        21. 160.The undertaker is responsible for the recovery or removal and...

        22. 161.(1) In the event of the undertaker being liable for...

        23. 162.In the event of the undertaker being liable for damage...

        24. 163.The undertaker must use reasonable endeavours to procure that any...

        25. 164.Representatives

        26. 165.Insurance

        27. 166.Force majeure

        28. 167.Costs and expenses

        29. 168.Arbitration

        30. 169.Arbitration

    10. SCHEDULE 10

      Removal of hedgerows

      1. PART 1 Removal of hedgerows

      2. PART 2 Removal of important hedgerows

    11. SCHEDULE 11

      Approval of matters specified in requirements

      1. 1.Interpretation

      2. 2.Applications made under requirements

      3. 3.Further information

      4. 4.Provision of information by Consultees

      5. 5.Fees

      6. 6.Appeal

    12. SCHEDULE 12

      Arbitration rules

      1. 1.Primary objective

      2. 2.Time periods

      3. 3.Timetable

      4. 4.Procedure

      5. 5.Arbitrator’s powers

      6. 6.Costs

      7. 7.Confidentiality

    13. SCHEDULE 13

      Documents to be certified

  10. Explanatory Note

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