The Walney Extension Offshore Wind Farm Order 2014

PART 2 E+W Licence Conditions

Design parameters for offshore substation platforms and export cable systems E+W

1.—(1) The total number of offshore substations forming part of the authorised development shall not exceed three.

(2) The dimensions of any offshore substation forming part of the authorised development (excluding any towers, helipads, masts and cranes) shall not exceed 75 metres in height when measured from LAT, 50 metres in length and 50 metres in width.

(3) No jacket structure for use with any offshore substation forming part of the authorised development, when used in conjunction with steel piles or suction caissons, shall have—

(a) a width spacing between each leg at the level of the seabed of more than 70 metres and at the level of LAT which is greater than 40 metres;

(b) more than 4 legs;

(c) a leg diameter of more than 4 metres;

(d) more than four piles per leg;

(e) a pile diameter of more than 3.5 metres;

(f) more than three suction caissons per leg;

(g) a suction caisson diameter of greater than 25 metres each.

(4) The number of cable systems forming part of the authorised development laid in the cable corridor forming part of the Order limits between reference point AA and reference point BB and reference point CC shown on the works plans shall not exceed five.

(5) The total length of the cables comprising Work No. 3A shall not exceed 480 kilometres.

Commencement Information

I1 Sch. 10 Pt. 2 para. 1 in force at 28.11.2014, see art. 1

Design parameters for other deposits E+W

2.—(1) The total volume of scour protection for use with the offshore substation platforms in Work No. 2(a) shall not exceed 125,100m³.

(2) The total volume of cable protection (excluding cable crossings) within Work No. 3A shall not exceed 109,650m³ with a maximum footprint of 142,139m².

(3) The total volume of cable protection associated with cable crossings included within Work No. 3A shall not exceed 125,955m³ with a maximum footprint of 144,548m².

Commencement Information

I2 Sch. 10 Pt. 2 para. 2 in force at 28.11.2014, see art. 1

Notifications and inspections E+W

3.—(1) The undertaker must 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 condition 4 of this licence; and

(ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with the condition 4 of this licence;

(b) within 28 days of receipt of a copy of this licence those persons referred to at sub-paragraph (i) above must 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 condition 4 are permitted to carry out the licensed activities.

(3) Copies of this licence must 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, to the offshore construction site or the ancillary works or vessels to facilitate any inspection that the MMO or Trinity House considers necessary to meet any mandatory health and safety requirements or inspect the works during construction and operation of the authorised development.

(5) The undertaker must inform the MMO marine licensing team and the coastal MMO office specified in paragraph 1(4)(a) above, and the Hydrographic Office, the MCA, and Trinity House, in writing at least five working days prior to the commencement of the licensed activities or any part of them.

(6) 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, or relevant part, at least five working days prior to the commencement of the licensed activities or any part of them.

(7) The undertaker must ensure that a notice to mariners is issued at least ten days prior to the commencement of Work Nos. 2 and 3A and 3B advising of the start date of those licensed activities and the expected vessel routes from the local service ports to the areas in which those works are to be carried out.

(8) The undertaker must ensure that the notices to mariners are agreed with the MMO and the MCA in accordance with the construction programme approved under licence condition 9(1)(a). Such notices must be—

(a) updated and reissued at regular intervals; and

(b) supplemented with VHF radio broadcasts.

Copies of all notices must be provided to the MMO.

Commencement Information

I3 Sch. 10 Pt. 2 para. 3 in force at 28.11.2014, see art. 1

Reporting of engaged agents, contractors and vessels E+W

4.—(1) The undertaker must provide the following information to the MMO—

(a) the name and function of any agent or contractor appointed to engage in the licensed activities, at least five working days prior to the commencement of the licensed activities or any part of them; and

(b) each week during the construction of the authorised development a completed Hydrographic Note H102 listing the vessels to be used in relation to the licensed activities.

(2) Any changes to the supplied details must be notified to the MMO in writing at least five working days prior to the agent, contractor or vessel engaging in the licensed activities.

Commencement Information

I4 Sch. 10 Pt. 2 para. 4 in force at 28.11.2014, see art. 1

Equipment and operation of vessels engaged in licensed activities E+W

5.—(1) All vessels employed to perform the licensed activities must be constructed and equipped to be capable of the proper performance of such activities in accordance with the conditions of this licence and must comply with sub-paragraphs (2) to (5) below.

(2) All motor powered vessels must be fitted with the following equipment—

(a) electronic positioning aid to provide navigational data;

(b) radar;

(c) echo sounder;

(d) multi-channel VHF, and

no vessel shall engage in the licensed activities until all such equipment is fully operational.

(3) All vessels’ names or identification must be clearly marked on the hull or superstructure of the vessel.

(4) All vessels must exhibit signals in accordance with the requirements of the International Regulations for the Prevention of Collisions at Sea.

(5) All communication on VHF working frequencies must be in English.

Commencement Information

I5 Sch. 10 Pt. 2 para. 5 in force at 28.11.2014, see art. 1

Chemicals, drilling and debris E+W

6.—(1) All chemicals used in the construction of the authorised development must be selected from the List of Notified Chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002, unless otherwise agreed by the MMO.

(2) All protective coatings and paints must be suitable for use in the marine environment. Details of such coatings and paints and how they will be used must be submitted to the MMO as part of the construction method statement required under condition 9(1)(c).

(3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment including bunding of 110 per cent of the total volume of all reservoirs and containers.

(4) Where foundation drilling works are proposed, in the event that any system other than water based mud is proposed, the MMO’s written approval in relation to the proposed disposal of any arisings must be obtained before the drilling commences.

(5) The undertaker must ensure that only inert material of natural origin, produced during construction drilling and seabed preparation for foundation works shall be disposed of within the Disposal Site.

(6) The undertaker must inform the MMO of the location and quantities of inert material disposed of each month under this licence, by submission of a disposal return by 31st January each year for disposals occurring during the months July to December inclusive of the preceding year, and by 31st July each year for disposals occurring during the months January to June inclusive of that year.

(7) The undertaker must notify the MMO within 48 hours of the completion of the final disposal of inert material at the Disposal Site.

(8) The undertaker must ensure that any debris arising from the construction of the authorised development or temporary works placed below MHWS are removed on completion of the construction of the authorised development, unless otherwise agreed with the MMO.

(9) At least two months prior to the commencement of the licensed activities the undertaker must submit to the MMO a transportation audit sheet covering the construction of the authorised development. No works shall commence until the audit sheet content has been agreed with the MMO. The audit sheet must include details of—

(a) loading facilities;

(b) vessels;

(c) equipment;

(d) shipment routes;

(e) working schedules; and

(f) all components and materials to be used in the construction of the authorised development.

(10) The audit sheet must be maintained throughout the construction of the authorised development and any changes notified immediately in writing to the MMO. The audit sheet will be made available for inspection by the MMO within 12 hours of the undertaker’s receipt of a request made by the MMO.

(11) In the event that the MMO becomes aware that any of the materials on the audit sheet cannot be accounted for it must require the undertaker in writing to carry out a side scan sonar survey to plot all obstructions across the relevant areas within the Order limits seaward of MHWS where construction works and related activities have been carried out. Local fishermen must be invited to send a representative to be present during the survey. Any new obstructions that the MMO reasonably concludes are associated with the authorised development must be removed, as directed by the MMO in writing, at the undertaker’s expense.

Commencement Information

I6 Sch. 10 Pt. 2 para. 6 in force at 28.11.2014, see art. 1

Force majeure E+W

7.  If, due to stress of weather or any other cause the master of a vessel determines that it is necessary to deposit the authorised substances and/or articles within or outside of the Order limits seaward of MHWS because the safety of human life and/or of the vessel is threatened full details of the circumstances of the deposit must be notified to the MMO within 48 hours, and the undertaker must—

(a) as soon as reasonably practicable following such notification, submit a method statement and programme for the removal of the deposit; and

(b) undertake the removal of the deposit in accordance with the approved method statement and programme, unless otherwise agreed with the MMO.

Commencement Information

I7 Sch. 10 Pt. 2 para. 7 in force at 28.11.2014, see art. 1

Restrictions on works in the Inter-tidal Area E+W

8.—(1) The undertaker must not construct or install those licensable activities comprised in Work Nos. 3A and 3B in the Inter-tidal Area—

(a) between 1st October and 31st March (inclusive); and

(b) the period of time commencing two hours before High Tide and ending two hours after High Tide between 1st April and 14th April (inclusive), unless otherwise approved by the MMO, in consultation with Natural England.

(2) Those licensable activities comprised in Work Nos. 3A and 3B between points XX and YY shown on the works plans must—

(a) only be undertaken by means of horizontal directional drilling from construction working sites located west of point XX and/or east of point YY;

(b) comprise a horizontal directional drilling entry/exit point no less than 50 metres west of point XX on the works plans; and

(c) not involve the placing or transportation of any plant, apparatus, cables, cable ducts or any other materials required for the carrying out of the connection works on or over that land, provided that the undertaker may place or transport (by hand and on foot only) such equipment and/or means of enclosure, on or over that land, as may be required to—

(i) contain and/or remove fluid used in the horizontal directional drilling process including the placing of hoses along the northern Order limit between points XX and YY shown on the works plans for Work No. 3B as approved pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order; and

(ii) mitigate the horizontal directional drilling process in accordance with environmental management and monitoring plan approved pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order.

(3) The connection works comprised in Work Nos. 3A and 3B between points XX and YY shown on the works plans must not be commenced until an environmental management and monitoring plan has been approved pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order. The environmental management and monitoring plan must be submitted for approval at least four months prior to the commencement of those connection works, or within such other timescale as agreed pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order.

(4) The environmental management and monitoring plan must include details of the location, method and timing of surveys of the land within the Order limits between points XX and YY shown on the works plans to—

(a) establish the pre-construction baseline condition of the saltmarsh and the distribution of the Lycia zonaria britannica (Belted Beauty Moth) in that location; and

(b) record within a five year period following completion of construction the ecological recovery of the saltmarsh and the distribution of the Lycia zonaria britannica (Belted Beauty Moth) in that location and, if applicable, any receptor site to which the Lycia zonaria britannica (Belted Beauty Moth) has been translocated.

(5) The environmental management and monitoring plan must include details of the methodology for undertaking the connection works comprised in Work Nos. 3A and 3B between points XX and YY shown on the works plans by horizontal directional drilling, and mitigation measures relating thereto, including—

(a) details of the equipment required to contain and/or remove fluid used in the horizontal directional drilling process;

(b) details of means of enclosure to be deployed (if any);

(c) the use of a drill bit of no less than 12.25 inches;

(d) the use of a real time downhole annular pressure monitor;

(e) details of how the length of each drill path will be minimised;

(f) details of the training of personnel to be employed in relation to the horizontal directional drilling and/or mitigation measures;

(g) the employment of an Ecological Clerk of Works and scope of duties relating to that role;

(h) details of how the number of trips made between points XX and YY shown on the works plans will be minimised;

(i) details of the methodology and location of suitable receptor sites associated with the translocation of the Lycia zonaria britannica (Belted Beauty Moth), should such translocation be required by the relevant planning authority, having consulted with Natural England and the MMO;

(j) details of the methodology for preventing birds from nesting above the alignment of each horizontal directional drill, such methodology may include visual and/or sound deterrents, and/or physical barriers; and

(k) details of how the connection works will be maintained (if applicable).

(6) The environmental management and monitoring plan must be implemented as approved, unless otherwise approved pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order, and provided that the undertaker shall not be required to carry out the post-construction monitoring of the ecological recovery of the saltmarsh in sub-paragraph (4)(b) in the event that no fluid used in the horizontal directional drilling process is released into the saltmarsh between points XX and YY shown on the works plans.

Commencement Information

I8 Sch. 10 Pt. 2 para. 8 in force at 28.11.2014, see art. 1

Seasonal restrictions in respect of fish spawning E+W

9.—(1) The undertaker must ensure that no percussive piling activity takes place during the cod spawning period from 15th February to 31st March (inclusive) of any year.

(2) The undertaker must ensure that no percussive piling activity takes place during the herring spawning period from 15th September to 15th November (inclusive) for any year, within such areas as agreed with the MMO prior to the commencement of construction. The undertaker must provide to the MMO the results of noise modelling prepared to an agreed methodology to inform the selection of such areas.

Commencement Information

I9 Sch. 10 Pt. 2 para. 9 in force at 28.11.2014, see art. 1

Pre-construction plans and documentation E+W

10.—(1) The licensed activities must not commence until the following have been submitted to and approved by the MMO and, in relation to paragraphs (a) to (g), (i) and (j), following consultation with Natural England—

(a) a construction and monitoring programme to include details of—

(i) the proposed construction start date;

(ii) timings for mobilisation of plant, delivery of materials and installation works;

(iii) proposed pre-construction surveys/monitoring, baseline reporting format and content, construction surveys/monitoring, post-construction surveys/monitoring and related reporting in accordance with licence conditions 10 and 11;

(iv) a design plan at a scale of between 1:25,000 and 1:50,000, including detailed representation on the most suitable scaled Admiralty Chart, as agreed with the MMO, in consultation with Trinity House, the MCA and Natural England, which shows any archaeological exclusion zones identified under paragraph (h), and any exclusion zones and/or micrositing requirements identified in any mitigation scheme pursuant to paragraph (i); and

(v) proposed timings for the disposal of material produced during construction drilling and seabed preparation for foundation works;

(b) a plan to be agreed with the MMO in consultation with Trinity House and the MCA setting out proposed details of the authorised development, specifying the—

(i) number, dimensions and foundation type(s) and depth for each offshore substation platform;

(ii) the grid coordinates of the centre point of each offshore substation platform;

(iii) proposed layout of all cables; and

(iv) the proposed location(s) for the disposal of material produced during construction drilling and seabed preparation for foundation works;

(c) a construction method statement in accordance with the construction methods assessed in the environmental statement and including details of—

(i) foundation installation, including any seabed preparation, drilling and disposal of arisings methods;

(ii) offshore substation installation, including any seabed preparation and scour protection;

(iii) cable installation, including cable protection, the method and specification for seabed reinstatement relating to open cut trenches excavated in the Inter-tidal Area, and the method and frequency of post-construction surveys required to monitor physical and biological recovery of the seabed following such reinstatement;

(iv) protective coatings and paints as required under condition 6(2);

(v) contractors;

(vi) vessels and vessel transit corridors;

(vii) ancillary works; and

(viii) drilling methods and disposal of material produced during construction drilling and seabed preparation for foundation works;

(d) a project environmental management and monitoring plan to include details of—

(i) a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents during construction and operation of the authorised development in relation to all activities carried out below MHWS and Work Nos. 4 to 7 (inclusive);

(ii) a chemical risk assessment to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;

(iii) a method statement for the taking of sediment samples;

(iv) waste management and disposal arrangements including a protocol covering potential finds of objects associated with the legacy of disposal at sea of material from the nuclear industry; and

(v) the appointment and responsibilities of a fisheries liaison officer and an environmental liaison officer;

(e) a scour protection management plan providing details of the need, type, sources, quantity and installation methods for scour protection;

(f) a marine mammal mitigation protocol, including a requirement for a soft start procedure, when driven or part-driven pile foundations are used;

(g) cable specification and installation plan in accordance with the methodology assessed in the environmental statement, to include—

(i) technical specification of off-shore cables, including a desk-based assessment of attenuation of electro-magnetic field strengths, shielding and cable burial depth in accordance with industry good practice; and

(ii) a detailed cable laying plan for the Order limits seaward of MHWS, incorporating geotechnical data and a cable burial risk assessment to inform cable burial depths and cable laying techniques, including contingency measures, in the event cable burial is not achieved by the methods proposed in that plan;

(h) a written scheme of archaeological investigation in relation to the Order limits in accordance with industry good practice and developed in consultation with English Heritage, and where applicable, the relevant local authority, to include—

(i) details of responsibilities of the undertaker, archaeological consultant and contractor;

(ii) a methodology for any further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;

(iii) a programme for the analysis and reporting of survey data, and timing, which is to be submitted to the MMO within four months of the survey being completed, unless otherwise agreed with the MMO;

(iv) details of any mitigation including, where necessary, archaeological exclusion zones;

(v) details of monitoring during and post construction, including a conservation programme for finds and publication of reports, developed in consultation with English Heritage, associated with the consented development;

(vi) details of methods for archiving of archaeological material; and

(vii) a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised development;

(i) a mitigation scheme for any Annex I Habitat identified by the survey referred to in condition 10(2)(a);

(j) an offshore operations and maintenance plan that must be submitted to the MMO at least four months prior to commencement of the operation of the licensed activities and include provision for the review and resubmission of that plan every three years during the operational phase. The offshore operations and maintenance plan must include details of—

(i) information on the presence of Annex I Habitat as identified in condition 10(2)(a);

(ii) information on, including likely schedule of, corrective and preventative maintenance activities proposed during the operation of the licensed activities, as identified in the environmental statement and Schedule of Offshore Maintenance Activities;

(iii) a summary of the environmental impact of the activities listed under sub-paragraph (ii), as identified in the environmental statement and Schedule of Offshore Maintenance Activities, and having regard to sub-paragraph (i); and

(iv) the anticipated maintenance activities that exceed the frequency and/or scope of licensable activities identified in the environmental statement and Schedule of Offshore Maintenance Activities, and the proposed approach to the licensing of these activities.

and each programme, statement, plan, protocol, scheme or other detail required to be approved under this condition must be submitted to the MMO for approval at least four months prior to the commencement of works, except where otherwise stated or unless otherwise agreed by the MMO.

(2) The undertaker must ensure that a copy of any agreed archaeological report is deposited with the National Monuments Record, in accordance with the Online AccesS to the Index of archaeological investigationS (OASIS) system.

(3) The licensed activities must be carried out in accordance with any programme, statement, plan, protocol, scheme or other details approved under this licence condition, unless otherwise agreed by the MMO.

Commencement Information

I10 Sch. 10 Pt. 2 para. 10 in force at 28.11.2014, see art. 1

Pre-construction surveying and monitoring E+W

11.—(1) The undertaker must, in discharging condition 10(1)(a) submit details for approval by the MMO in consultation with Natural England of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report at least 4 months prior to surveys commencing.

(2) The pre-construction surveys referred to in sub-paragraph (1) must unless otherwise agreed with the MMO have due regard to the need to undertake—

(a) surveys to determine the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance (including Annex I Habitat) inside the area(s) within the Order limits seaward of MHWS in which it is proposed to carry out construction works;

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

(c) debris surveys, including a side scan sonar survey, across the area(s) within the Order limits seaward of MHWS in which it is proposed to carry out construction works; and

(d) surveys of the baseline environment of the Inter-tidal Area within the Order limits seaward of MHWS in which it is proposed to carry out construction works.

(3) The undertaker must 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 by the MMO.

(4) The undertaker must not commence construction until the baseline report has been agreed by the MMO.

Commencement Information

I11 Sch. 10 Pt. 2 para. 11 in force at 28.11.2014, see art. 1

Construction monitoring E+W

12.—(1) The undertaker must, in discharging condition 10(1)(a), submit details for approval by the MMO in consultation with Natural England of proposed surveys or monitoring, including methodologies and timings, to be carried out during the construction of the authorised development.

(2) A scheme for noise monitoring must be submitted for approval by the MMO prior to the commencement of any piling activity, which scheme must include details for measurements of noise generated at a minimum of three piling locations.

(3) The undertaker must carry out the surveys approved under sub-paragraph (1), including any further noise monitoring required in writing by the MMO, and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed with the MMO.

(4) The results of the initial noise measurements provided in accordance with sub-paragraph (3) must be provided to the MMO within six weeks of the installation of the first monitored pile approved pursuant to sub-paragraph (1), unless otherwise agreed with the MMO.

(5) Unless otherwise agreed with the undertaker, within 6 weeks of the submission of results of the initial noise measurements provided in accordance with sub-paragraph (3) the MMO must, having regard to those results, determine whether or not any further noise monitoring is required and confirm this to the undertaker.

Commencement Information

I12 Sch. 10 Pt. 2 para. 12 in force at 28.11.2014, see art. 1

Post construction monitoring E+W

13.—(1) The undertaker must, in discharging condition 10(1)(a), submit details for approval by the MMO in consultation with Natural England of proposed post-construction surveys, including methodologies and timings, and proposed format, content and timings for providing reports on the results. Subject to receipt of specific proposals, it is expected that acceptable post-construction surveys will comprise, in outline—

(a) a survey of any benthic communities/benthos constituting Annex I Habitat inside the area(s) within the Order limits seaward of MHWS in which construction works were carried out;

(b) high resolution swath-bathymetric surveys to assess any changes to bed form morphology, and to ensure that the cables have been buried, to be undertaken as follows—

(i) the first survey shall be undertaken across the entirety of the area within the Order limits seaward of MHWS in which construction works were carried out; and

(ii) any subsequent surveys shall be undertaken across such representative areas within the Order limits seaward of MHWS as may be agreed with the MMO, and such further monitoring as may be agreed with the MMO; and

(c) surveys of the Inter-tidal Area within the Order limits seaward of MHWS in which construction works were carried out, to determine the extent and success of physical and biological recovery following cable installation.

(2) Following the completion of the authorised development, the undertaker must carry out the surveys referred to in sub-paragraph (1) for three years, which may be non-consecutive years, and provide reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed with the MMO following consultation with Natural England.

(3) If a major storm event occurs at any time between the completion of the authorised development and the completion of the third year of surveys required under sub-paragraph (2), the undertaker must carry out a side scan sonar and bathymetry survey within the Order limits seaward of MHWS in which the construction works were carried out, in accordance with such timetable as may be agreed with the MMO following consultation with Natural England.

Commencement Information

I13 Sch. 10 Pt. 2 para. 13 in force at 28.11.2014, see art. 1

Offshore Decommissioning E+W

14.  No part of the authorised development seaward of MHWS shall commence until a written decommissioning programme in compliance with any notice served upon the undertaker by the Secretary of State pursuant to section 105(2) of the 2004 Act has been submitted to the Secretary of State for approval. The undertaker must consult the MMO, Natural England and the relevant planning authority on the proposed decommissioning activity no less than four months prior to submission of the proposed decommissioning programme to the Secretary of State.

Commencement Information

I14 Sch. 10 Pt. 2 para. 14 in force at 28.11.2014, see art. 1

Offshore Safety Management E+W

15.—(1) No authorised development seaward of MHWS shall commence until the MMO, in consultation with the MCA, has given written approval of a plan for an active safety management system which includes an emergency response and co-operation plan (ERCoP) for the construction, operation and decommissioning phases of the authorised development in accordance with the MCA’s recommendations in MGN 371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues”.

(2) No authorised development seaward of MHWS shall commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised development contained within the document MGN 371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes.

(3) The active safety management system and ERCoP must be implemented as approved unless otherwise agreed by the MMO in consultation with the MCA.

Commencement Information

I15 Sch. 10 Pt. 2 para. 15 in force at 28.11.2014, see art. 1

Aids to navigation E+W

16.—(1) The undertaker must at or near the authorised development during the whole period of the construction, operation, alteration, replacement or decommissioning of the authorised development seaward of MHWS exhibit such lights, marks, sounds, signals and other aids to navigation, and to take such other steps for the prevention of danger to navigation, as Trinity House may from time to time direct.

(2) The undertaker must provide information to the Hydrographic Office on the position and nature of works to facilitate the issuing of notices and warnings to mariners.

(3) The undertaker must keep the Hydrographic Office, the MCA, Trinity House and the MMO informed of progress with the authorised development and will provide—

(a) at least 24 hours’ notice of commencement within 24 hours of commencement having occurred;

(b) as soon as reasonably practicable notification of the provision of any aids to navigation required by the licence conditions;

(c) reports on the working condition of aids to navigation as requested by Trinity House;

(d) notice to Trinity House and the MMO of any failure of aids to navigation, and the plans for remedying such failures, as soon as practicable and within 24 hours of such failure being identified;

(e) notification of completion within 2 weeks of completion of the authorised development.

(4) The undertaker must paint yellow (colour code RAL 1023) all structures to be constructed as part of the authorised development seaward of MHWS from at least HAT to a height directed by Trinity House. Unless the MMO otherwise directs, the undertaker must paint the remainder of the structures submarine grey (colour code RAL 7035).

(5) The undertaker must exhibit such lights, with such shape, colour and character as are required by Air Navigation Order 2009, or as directed by the CAA, and must notify the CAA and the MMO of any failure of those lights and the timescales in which such failure will be remedied, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.

Commencement Information

I16 Sch. 10 Pt. 2 para. 16 in force at 28.11.2014, see art. 1

Provision against danger to navigation E+W

17.  In case of damage to, or destruction or decay of, the authorised development seaward of MHWS or any part thereof the undertaker must as soon as reasonably practicable notify Trinity House and must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.

Commencement Information

I17 Sch. 10 Pt. 2 para. 17 in force at 28.11.2014, see art. 1

Requirement for written approval E+W

18.  With respect to any condition of this licence which requires the licensed activities to be carried out in accordance with any details approved by the MMO, notification of such approval must be given in writing.

Commencement Information

I18 Sch. 10 Pt. 2 para. 18 in force at 28.11.2014, see art. 1

Amendments to approved details E+W

19.—(1) With respect to any condition which requires the licensed activities to be carried out in accordance with the details approved by the MMO, the approved details shall be carried out as approved unless an amendment or variation is agreed in advance by the MMO pursuant to the relevant condition, in accordance with sub-paragraph (2) and in consultation with any body specified in the relevant condition.

(2) Where any condition specifies “unless otherwise agreed” by the MMO such agreement shall not be given except in relation to immaterial changes where it has been demonstrated to the satisfaction of the MMO that the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(3) The approved details shall be taken to include any amendments that may subsequently be approved by the MMO.

Commencement Information

I19 Sch. 10 Pt. 2 para. 19 in force at 28.11.2014, see art. 1