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35.—(1) Subject to paragraphs (2) to (4), the rights of navigation over the places in the sea within territorial waters where any of the wind turbine generators and offshore substation platforms (“the Installations”), including their foundations, comprising part of the authorised development are located (“the relevant rights of navigations”), shall be extinguished.
(2) The extinguishment of the relevant rights of navigation over the places identified in paragraph (1) shall take effect 14 days after the undertaker has submitted a plan to the Secretary of State, Trinity House, the MCA and the MMO showing the precise locations of the foundations of each of the Installations to be constructed as part of the authorised development.
(3) In respect of the location of any individual wind turbine generator or offshore substation, paragraph (1) shall cease to have effect as soon as that wind turbine generator or offshore substation has been decommissioned and permanently removed, and the relevant rights of navigation shall resume.
(4) The plan submitted in accordance with paragraph (2) shall be published by the undertaker in such form and manner as required by the Secretary of State.
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