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SCHEDULE 2Deemed marine licence under the Marine and Coastal Access Act 2009 – generation assets

PART 2Conditions

Pre-construction monitoring

14.—(1) The undertaker must, in discharging condition 10(b), submit details for the written approval by the MMO, in consultation with Natural England, of proposed pre-construction surveys, including methodologies and timings, with archaeological advice where necessary, and a proposed format and content for a pre-construction baseline report; and

(a)the survey proposals shall specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement; and

(b)the baseline report proposals shall ensure that the outcome of the agreed surveys together with existing data and reports are drawn together to present a valid statement of the pre-construction position, with any limitations, and shall make clear what post-construction comparison is intended and the justification for this being required.

(2) The pre-construction surveys referred to sub-paragraph (1) shall unless otherwise agreed with the MMO have due regard to, but not be limited to, the need to undertake—

(a)a survey, in combination with data derived from paragraph (c) to determine the location and extent of any benthic Annex 1 Habitat in whole or in part inside the area(s) within the Order limits in which it is proposed to carry out construction works;

(b)a survey to determine the location, extent and composition of any benthic habitats of conservation, ecological and or economic importance;

(c)a high resolution swath-bathymetric survey and side scan sonar survey of the area(s) within the Order limits in which it is proposed to carry out construction works, including a 500 metre buffer around the site of each works and inclusive of seabed anomalies or sites of historical or archaeological interest that lie within that 500 metre buffer; and

(d)a survey of existing ornithological activity (in accordance with the principles set out in the outline ornithological survey document) inside the area(s) within the Order limits in which it is proposed to carry out construction works, and any wider area(s) where appropriate, which is required to test predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme.

(3) The undertaker shall carry out the surveys agreed under sub-paragraph (1) and provide the baseline report to the MMO in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing by the MMO, in consultation with Natural England.