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SCHEDULE 2E+W+SDeemed licence under the Marine and Coastal Access Act 2009

PART 2E+W+SLicence conditions

Notifications and inspectionsE+W+S

4.—(1) The undertaker shall ensure that—

(a)a copy of this licence and any subsequent amendments or revisions to it are provided to—

(i)all agents and contractors notified to the MMO in accordance with the conditions of this licence; and

(ii)the masters and transport managers responsible for the vessels notified to the MMO in accordance with the conditions of this licence;

(b)within 28 days of receipt of a copy of this licence those persons referred to at paragraph (a) shall provide a completed confirmation form to the MMO confirming their understanding of the terms and conditions of this licence.

(2) Only those persons and vessels notified to the MMO in accordance with the conditions of this licence are permitted to carry out the licensed activities.

(3) Copies of this licence shall also be available for inspection by an enforcement officer at all reasonable times at the following locations—

(a)the undertaker’s registered address;

(b)any site office located at or adjacent to the construction site and used by the undertaker or its agents and contractors responsible for the loading, transportation or deposit of the authorised deposits and works; and

(c)on board each vessel or at the office of any transport manager with responsibility for vessels from which authorised deposits are to be made or authorised works undertaken.

(4) The undertaker must provide access, and if necessary appropriate transportation, at reasonable notice to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during construction and operation of the authorised development.

(5) The undertaker must inform the MMO in writing at least five working days prior to the commencement of the licensed activities or any phase of them.

(6) At least 7 days prior to the commencement of the licensed activities the undertaker must publish in the Kingfisher Fortnightly Bulletin details of the vessel routes, timings and locations relating to the construction of the authorised development.

(7) The undertaker shall ensure that—

(a)a notice to mariners is issued at least ten days prior to the commencement of the licensed activities advising of the commencement of licensed activities within the offshore development area and the expected vessel routes from the local service ports to the turbine locations; and

(b)a second notice to mariners is issued advising of the commencement of licensed activities within the export cable area below mean high water level and the route of the subsea cable(s).

(8) The notices to mariners must be updated and reissued not less frequently than weekly and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under licence condition 9(1)(a). Copies of all notices shall be provided to the MMO.

(9) The undertaker must notify—

(a)the UK Hydrographic Office of both the progress and completion of the authorised development in order that all necessary amendments to nautical charts are made; and

(b)the MMO once the authorised development is completed and any lighting or marking required by the Order has been established.

(10) The undertaker must ensure that prior to the commencement of the licensed activities the following suitably qualified and experienced liaison officers are appointed and their identity and credentials provided as part of the project environmental management plan required by licence condition 9(1)(f)—

(a)a Fisheries Liaison Officer or Officers; and

(b)an Environmental Liaison Officer or Officers.

(11) The responsibilities of the Environmental Liaison Officer shall include—

(a)monitoring compliance with this licence and the plans and programmes required by licence condition 9;

(b)being a central point of contact for the monitoring requirements set out in licence conditions 12, 13 and 14;

(c)providing induction in relation to environmental policies and procedures;

(d)ensuring that information is made available and circulated in such a way as to minimise interference with fishing operations and other users of the sea;

(e)consulting with representatives of relevant national, regional and local navigational interests on the plans required by licence condition 9(1)(g) and (i); and

(f)delivering the functions and duties required by the written scheme of archaeological investigation required by licence condition 9(1)(j).

(12) The Fisheries Liaison Officer shall represent the views of fishermen to the MMO for the purposes of licence condition 9(1)(b).

(13) Both the Fisheries Liaison Officer and the Environmental Liaison Officer shall be required to establish and maintain communications between the undertaker, contractors, fishermen, conservation groups and other users of the sea for the duration of the licensed activities.

Commencement Information

I1Sch. 2 para. 4 in force at 20.2.2013, see art. 1