Navigational radar scheme at the Port of Liverpool
9.—(1) No construction of any wind turbine generator forming part of the authorised development shall commence until the Secretary of State having consulted with the Operator is satisfied that appropriate mitigation will be implemented and maintained for the life of the authorised development and that arrangements have been put in place with the Operator to ensure that such appropriate mitigation is implemented.
(2) For the purposes of this requirement—
“appropriate mitigation” means a navigational radar scheme to prevent or remove any adverse impacts which the operation of the authorised development will have on the Operator’s ability to provide safe navigation within the limits of the Port of Liverpool during the life of the authorised development;
“approved mitigation” means the appropriate mitigation measures agreed with the Operator authorised to provide safe navigation within the limits of the Port of Liverpool at the time the Secretary of State confirms in writing that he is satisfied in accordance with sub-paragraph (1);
“Operator” means Mersey Docks and Harbour Company Limited incorporated under the Companies Act (7438262) whose registered office is Maritime Centre, Port of Liverpool, Liverpool, Merseyside, L21 1LA or such other organisation as is authorised from time to time under Docks and Harbours Act 1972 to provide safe navigation within the limits of the Port of Liverpool.
(3) The undertaker shall thereafter comply with all obligations contained within the approved mitigation for the life of the authorised development.