The North Blyth Biomass Power Station Order 2013

PART 1 Licensed marine activities

Interpretation

1.—(1) In this Schedule—

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

“the authorised development” means the development and associated development described in Schedule 1 to the Order (authorised development) and any other development authorised by the Order, which is development within the meaning of section 32 of the 2008 Act;

“code of construction practice” means a code of construction practice agreed by the relevant planning authority prior to commencement of the authorised development;

“commence” means the first carrying out of any part of the licensed activities and commencement and commenced shall be defined accordingly;

“Commission” means the Blyth Harbour Commission;

“conditions” means conditions contained in this Schedule;

“the Environment Agency” means the body established under the Environment Act 1995(2) or any successor to its statutory functions;

“the environmental statement” means the environmental statement submitted by the undertaker with the application and certified as the environmental statement by the Secretary of State for the purposes of the Order;

“the Health and Safety Executive” means the body established under section 10 of the Health and Safety at Work etc. Act 1974(3) or any successor to its statutory functions or other authority performing, carrying out or having the same regulatory functions as the HSE at the date of this licence;

“the Hydrographic Office” means the Hydrographic Office of the Ministry of Defence, Taunton, Somerset TA1 2DN;

“licensed activities” means the activities below MHWS forming part of the authorised development and specified in paragraph 2 of Part 1 of this Schedule;

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

“the Marine Management Organisation” or “MMO” means the body of that name created under the Marine and Coastal Access Act 2009 or any successor to its statutory functions;

“notice to mariners” includes any notice to mariners which may be issued by the Admiralty, Trinity House, Queen’s harbourmasters, government departments and harbour and pilotage authorities;

“the Order” means the North Blyth Biomass Power Station Order 2013;

“relevant planning authority” means Northumberland County Council as planning authority for the area in which the land to which the provisions of the Order apply is situated and any successor to its statutory function as planning authority for the area in which the authorised development is located;

“sea bed” means the ground under the sea;

“Trinity House” means the Corporation of Trinity House of Deptford Strond or any successor to its statutory functions;

“the undertaker” means subject to article 7(2) of the Order, North Blyth Energy Limited;

“the works plan” means the works plan submitted with the application (APP7) and certified as the works plan by the Secretary of State for the purposes of the Order.

(2) A reference to any statute, order, regulation or similar instrument shall be construed as a reference to the statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(3) Unless otherwise indicated—

(a) all times shall be taken to be Greenwich Mean Time (“GMT”); and

(b) all geographical co-ordinates contained within this Schedule shall be taken to be latitude and longitude degrees and minutes to three decimal places unless otherwise stated.

(4) References in this Schedule to numbered “Works” are to the works with those numbers in Schedule 1 to the Order and shown on the works plan.

(5) Except where otherwise notified in writing by the MMO, the primary point of contact with the MMO and the address for email and postal returns and correspondence shall be—

Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Tel: [phone]

Fax: [phone]

Email: [e-mail].

(6) Any references to the local MMO Officer shall mean the relevant officer in the area(s) located at—

Marine Management Organisation

Neville House

Central Riverside

Bell Street

North Shields

Tyne and Wear

NE30 1JL

Tel: [phone]

Fax: [phone]

Email: [e-mail].

(7) To the extent that the licensed activities amount to the construction, improvement or alteration of works, the conditions contained in Part 2 shall bind any other person who for the time being owns, occupies or enjoys the use of the licensed activities so constructed, altered or improved (whether or not this licence is transferred to that other person).

Details of licensed activities

2.—(1) The undertaker is authorised (and any agent, contractor or subcontractor acting on their behalf) to carry out the licensed activities, comprising the construction of works in or over the sea and/or on or under the sea bed specified in sub-paragraph (2) together with the deposit of any substances and objects in or over the sea and/or on or under the sea bed in carrying out such construction of works.

(2) Such activities are authorised in relation to the construction and operation of an electricity generating station located on the eastern side of Battleship Wharf, Port of Blyth with a nominal gross electrical output capacity of 99.9 MWe fuelled by biomass, more fully described in Schedule 1 to the Order.

(3) The construction of works in or over the sea and/or on or under the sea bed authorised are—

(a) a cooling water intake system in the estuary of the River Blyth under Berth 4 of the Commission’s Battleship Wharf at 55°08′19.689″N 001°31′04.197″W as part of Work No. 1(u) described in Schedule 1 to the Order and consisting of a screened water intake, connecting to an underground pumping chamber and underground pipe running east from the estuary of the River Blyth together with associated temporary placement of netting in the intertidal area;

(b) up to two cooling water outfall pipes running underground under the foreshore and sea bed at 55°08′16.855″N 001°30′51.124″W and under the rock outcrop known as the Rockers and including the construction of a diffuser and foundation on the sea bed at 55°08′37.307″N 001°29′56.825″W all as part of Work Nos. 1(v) and (w) described in Schedule 1 to the Order together with associated removal of silts and other sediments from the sea bed by diver using a mechanical vacuum to remove silt and sediment to a vessel, marine structure or floating container;

(c) installation and maintenance of an aid to navigation at 55°08′37.307″N 001°29′56.825″W to indicate the location of the diffuser to vessels as part of the associated development described in Schedule 1 to the Order; and

(d) works to strengthen the river wall in the estuary of the River Blyth at 55°08′06.712″N 001°30′46.786″W by the installation of a new bored pile wall on the landward side of the existing river wall together with related works as part of Work No. 2 described in Schedule 1 to the Order.

(1)

2008 c.29. Section 149A was inserted by section 112(1) of, and paragraph 4 of Schedule 8 to, the Marine and Coastal Access Act 2009 (c.23).

(2)

1995 c.25.

(3)

1974 c.37, as amended by S.I. 2008/960.