The Lynn Offshore Wind Farm Order 2003

Construction exclusion zone

13.—(1) Subject to paragraph (5) below any person who, without reasonable excuse during the construction of the authorised works navigates a vessel within the construction exclusion zone shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) The construction exclusion zone shall not come into effect until—

(a) 7 days after the publication of a notice in the prescribed manner specifying the location and extent of the construction exclusion zone, the date of its commencement and its intended duration; and

(b) the Company has taken such other steps as the Secretary of State may require to notify shipping of the proposed construction exclusion zone.

(3) The construction exclusion zone shall terminate on completion of the construction of the authorised works.

(4) As soon as reasonably practicable following the termination of the construction exclusion zone the Company shall—

(a) publish notice of the termination in the prescribed manner; and

(b) take such other steps as the Secretary of State may require to notify shipping of the termination of the construction exclusion zone.

(5) Paragraph (1) above shall not apply to a person navigating a vessel for the purpose of, or in connection with, the construction, maintenance or operation of the authorised works.

(6) In this article—

“the construction exclusion zone” means the areas described in Schedule 2 to this Order or such smaller areas as may be notified in accordance with paragraph (2) above;

“the prescribed manner” of publication means—

(a)

providing a notice to mariners; and

(b)

publication in a newspaper circulating in the area of the relevant coastal authority;

“vessel” means a ship, boat, raft or water craft of any description and includes non-displacement craft, seaplanes and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and a hovercraft or other amphibious vehicle.