1.—(1) In this licence—E+W
“the 2004 Act” means the Energy Act 2004;
“the 2008 Act” means the Planning Act 2008;
“the 2009 Act” means the Marine and Coastal Access Act 2009;
“2017 Regulations” means the Conservation of Offshore Marine Habitats and Species Regulations 2017;
“array cable” means the network of offshore subsea cables connecting the wind turbine generators in Work No.1 and the offshore substations in Work No.2;
“authorised deposits” means the substances and articles specified in paragraph 4 of Part 1 of this licence;
“authorised development” means the development and associated development described in Part 1 of Schedule 1 (authorised project) of the Order;
“authorised project” means Work No. 1 described in paragraph 3 of Part 1 of this licence or any part of that work;
“buoy” means any floating device used for navigational purposes or measurement purposes;
“cable protection” means physical measures for the protection of cables including but not limited to concrete mattresses, with or without frond devices, and/or rock placement (but not material used for cable crossings);
“commence” means the first carrying out of any licensed marine activities authorised by this marine licence, save for pre-construction monitoring surveys approved under this licence and “commenced” and “commencement” must be construed accordingly;
“condition” means a condition in Part 2 of this licence;
“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield, West Midlands B75 7RL and any successor body to its functions;
“Development Principles” means the document certified as the Development Principles by the Secretary of State for the purposes of the Order under article 36 (certification of plans and documents etc);
“disturbance” must be construed in accordance with regulation 45(1)(b) (protection of wild animals listed in Annex IV(a) to the Habitats Directive) of the 2017 Regulations;
“enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 of Part 4 (marine licensing) of the 2009 Act;
“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order;
“European site” has the meaning given in regulation 27(meaning of European site) of the 2017 Regulations;
“gravity base foundation” means a structure principally of steel, concrete, or steel and concrete which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;
“in principle Hornsea Three Southern North Sea Special Area of Conservation Site Integrity Plan” means the document certified as the in principle Hornsea Three Southern North Sea Special Area of Conservation Site Integrity Plan by the Secretary of State for the purposes of this Order;
“jacket foundation” means a lattice type structure constructed of steel, which may include scour protection and additional equipment such as, J-tubes, corrosion protection systems and access platforms;
“Kingfisher Fortnightly Bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO for the purposes of this licence;
“LAT” means lowest astronomical tide;
“licensed activities” means the activities specified in Part 1 of this licence;” includes inspect, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace, to the extent assessed in the environmental statement; and “maintenance” must be construed accordingly;
“Marine Management Organisation” or “MMO” means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence;
“Markham's Triangle MCZ” means the MCZ designated by the Secretary of State under the Markham's Triangle Marine Conservation Designation Order 2019;
“Markham's Triangle MCZ exclusion zone” means the area comprising Markham's Triangle MCZ as shown on the Markham's Triangle exclusion zone plan;
“Markham's Triangle exclusion zone plan” means the document certified as the Markham's Triangle exclusion zone plan by the Secretary of State for the purposes of this Order under article 36;
“MCA” means the Maritime and Coastguard Agency;
“MCZ” means a marine conservation zone designated under section 116(1) (marine conservation zones) of the 2009 Act or any area which is recommended for such designation to the relevant Secretary of State in accordance with the 2009 Act unless the Secretary of State determines that it shall not be designated as a marine conservation zone;
“mean high water springs” or “MHWS” means the highest level which spring tides reach on average over a period of time;
“monopile foundation” means a steel pile, typically cylindrical, driven and/or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;
“offshore accommodation platform” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and a helicopter platform, containing housing accommodation, storage, workshop, auxiliary equipment, and facilities for operating, maintaining and controlling the wind turbine generators;
“offshore electrical installations” means the offshore type 1 substations, the offshore type 2 substations, the offshore subsea HVAC booster stations and the offshore HVAC booster stations forming part of the authorised development;
“offshore HVAC booster station” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and a helicopter platform, containing—
electrical equipment required to provide reactive power compensation; and
housing accommodation, storage, workshop, auxiliary equipment, and facilities for operating, maintaining and controlling the substation;
“offshore subsea HVAC booster station” means a sealed steel or concrete structure located under the surface of the sea, attached to the seabed by means of a foundation, containing electrical equipment required to provide reactive power compensation;
“offshore substation” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and a helicopter platform, containing—
electrical equipment required to switch, transform, convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation; and
housing accommodation, storage, workshop auxiliary equipment, and facilities for operating, maintaining and controlling the substation or wind turbine generators;
“offshore type 1 substation” means the smaller version of the offshore substations assessed in the environment statement;
“offshore type 2 substation” means the larger version of the offshore substations assessed in the environment statement;
“Order” means the Hornsea Project Three Offshore Wind Farm Order 2020;
“the offshore Order limits” means the offshore Order limits defined by the offshore Order limits and grid coordinates plan;
“the offshore Order limits and grid coordinates plan” means the plan certified as the offshore Order limits and grid coordinates plan by the Secretary of State for the purposes of the Order under article 36 of the Order;
“outline fisheries coexistence and liaison plan” means the plan or plans certified as the outline fisheries coexistence and liaison plan or plans by the Secretary of State for the purposes of the Order under article 36 of the Order;
“pin piles” means steel cylindrical piles driven and/or drilled into the seabed to secure jacket foundations;
“statutory historic body” means the Historic Buildings and Monuments Commission for England or its successor in function;
“suction bucket” means a steel cylindrical structure attached to the legs of a jacket foundation which partially or fully penetrates the seabed and remains in place using its own weight and hydrostatic pressure differential;
“mono suction bucket foundation” means a steel cylindrical structure which partially or fully penetrates the seabed and remains in place using its own weight and hydrostatic pressure differential, and may include scour protection and additional equipment such as J-tubes;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;
“undertaker” means Orsted Hornsea Project Three (UK) Limited;
“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water;
“wind turbine generator” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include J-tube(s), transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment, fixed to a foundation or transition piece;
“Work No. 2” means—
up to 12 offshore type 1 substations each fixed to the seabed by either monopile foundation, mono suction bucket foundation, jacket foundation, gravity base foundation or box-type gravity base foundations and which may be connected to each other or one of the offshore accommodation platforms within Work No.1(b) by an unsupported bridge;
up to four offshore type 2 substations each fixed to the seabed by either monopile foundations, mono suction bucket foundations, jacket foundations, gravity base foundations, jacket foundations, box-type gravity base foundations, pontoon gravity base 1 foundations, or pontoon gravity base 2 foundations and which may be connected to each other or one of the offshore accommodation platforms within Work No.1(b) by an unsupported bridge;
a network of cables;
up to six cable circuits between Work No. 2 and Work No. 3, and between Work No. 3 and Work No.5 consisting of offshore export cables along routes within the Order limits seaward of MHWS including one or more cable crossings; and
up to eight temporary horizontal directional drilling exit pits; and
“works plan” means the plan certified as the works plan by the Secretary of State for the purposes of the Order.
(2) A reference to any statute, order, regulation or similar instrument is construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.
(3) Unless otherwise indicated—
(a)all times are taken to be Greenwich Mean Time (GMT);
(b)all co-ordinates are taken to be latitude and longitude degrees and minutes to two decimal places.
(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below and the address for returns and correspondence are—
(a)Marine Management Organisation
Marine Licensing Team
Lancaster House Hampshire Court
Newcastle Business Park
Newcastle upon Tyne
NE4 7YH
Tel: 0300 123 1032;
(b)Marine Management Organisation (local office)
Pakefield Road
Lowestoft
Suffolk
NR33 0HT
(c)Trinity House
Tower Hill
London
EC3N 4DH
Tel: 020 7481 6900;
(d)The United Kingdom Hydrographic Office
Admiralty Way
Taunton
Somerset
TA1 2DN
Tel: 01823 337 900;
(e)Maritime and Coastguard Agency
Navigation Safety Branch
Bay 2/20, Spring Place 105 Commercial Road
Southampton
SO15 1EG
Tel: 020 3817 2433;
(f)Centre for Environment, Fisheries and Aquaculture Science
Pakefield Road
Lowestoft
Suffolk
NR33 0HT
Tel: 01502 562 244;
(g)Natural England 4th Floor
Foss House 1-2 Peasholme Green
York
YO1 7PX
Tel: 0300 060 4911;
(h)Historic England
Brooklands 24 Brooklands Avenue
Cambridge
CB2 8BU
Commencement Information
I1Sch. 11 Pt. 1 para. 1 in force at 22.1.2021, see art. 1
2. Subject to the licence conditions, this licence authorises the undertaker (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act—
(a)the deposit at sea within the Order limits seaward of MHWS of the substances and articles specified in paragraph 4 below and up to 1,344,318 cubic metres of inert material of natural origin produced during construction drilling or seabed preparation for foundation works and cable sandwave preparation works within Work No. 1;
(b)the construction of works in or over the sea and/or on or under the sea bed;
(c)dredging for the purposes of seabed preparation for foundation works and/or electrical circuit works; the removal of sediment samples for the purposes of informing environmental monitoring under this licence during pre-construction, construction and operation;
(d)boulder clearance works either by displacement ploughing or subsea grab technique or any other equivalent method;
(e)removal of static fishing equipment; and
(f)site preparation works.
Commencement Information
I2Sch. 11 Pt. 1 para. 2 in force at 22.1.2021, see art. 1
3. Such activities are authorised in relation to the construction, maintenance and operation ofE+W
(a)an offshore wind turbine generating station with a gross electrical output of over 100 megawatts comprising up to 231 wind turbine generators each fixed to the seabed by either monopile foundation, mono suction bucket foundation, jacket foundation or gravity base foundation;
(b)up to three offshore accommodation platforms fixed to the seabed within the area shown on the works plan by monopile foundation, mono suction bucket foundation, jacket foundation, or gravity base foundation and which may be connected to each other or one of the offshore substations within Work No. 2 by an unsupported bridge; and
(c)a network of cables between the wind turbine generators and between the wind turbine generators and Work No. 2 including one or more cable crossings.
In connection with such Work No. 1 and to the extent that they do not otherwise form part of any such work, further associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project and which fall within the scope of the work assessed by the environmental statement and the provisions of this licence including—
(a)scour protection around the foundations of the offshore structures;
(b)cable protection measures such as the placement of rock and/or concrete mattresses, with or without frond devices; and
(c)temporary landing places, moorings or other means of accommodating vessels in the construction and/or maintenance of the authorised development.
Commencement Information
I3Sch. 11 Pt. 1 para. 3 in force at 22.1.2021, see art. 1
4. The substances or articles authorised for deposit at sea are—E+W
(a)iron and steel, copper and aluminium;
(b)stone and rock;
(c)concrete;
(d)sand and gravel;
(e)plastic and synthetic;
(f)material extracted from within the offshore Order limits during construction drilling or seabed preparation for foundation works and cable sandwave preparation works; and
(g)marine coatings, other chemicals and timber.
Commencement Information
I4Sch. 11 Pt. 1 para. 4 in force at 22.1.2021, see art. 1
5. The grid coordinates for that part of the authorised development comprising Work No. 1 are specified below and more particularly on the offshore Order limits and grid coordinates plan—E+W
| Point ID | Latitude (DMS) | Longitude (DMS) | Point ID | Latitude (DMS) | Longitude (DMS) |
|---|---|---|---|---|---|
| 57 | 53° 52′ 12.798″ N | 2° 19′ 38.938″ E | 61 | 54° 0′ 4.028″ N | 2° 40′ 52.651″ E |
| 58 | 53° 59′ 22.420″ N | 2° 11′ 50.694″ E | 62 | 53° 48′ 57.136″ N | 2° 44′ 53.902″ E |
| 59 | 53° 59′ 19.280″ N | 2° 13′ 34.691″ E | 63 | 53° 41′ 22.175″ N | 2° 47′ 35.927″ E |
| 60 | 53° 58′ 42.514″ N | 2° 32′ 43.904″ E | 64 | 53° 45′ 27.296″ N | 2° 34′ 19.781″ E |
Commencement Information
I5Sch. 11 Pt. 1 para. 5 in force at 22.1.2021, see art. 1
6. This licence remains in force until the authorised project has been decommissioned in accordance with a programme approved by the Secretary of State under section 106 (approval of decommissioning programmes) of the 2004 Act, including any modification to the programme under section 108, and the completion of such programme has been confirmed by the Secretary of State in writing.E+W
Commencement Information
I6Sch. 11 Pt. 1 para. 6 in force at 22.1.2021, see art. 1
7. The provisions of sections 72 (variation, suspension, revocation and transfer) of the 2009 Act apply to this licence except that the provisions of section 72(7) and (8) relating to the transfer of the licence only apply to a transfer not falling within article 5 (benefit of the Order).E+W
Commencement Information
I7Sch. 11 Pt. 1 para. 7 in force at 22.1.2021, see art. 1
8. With respect to any condition which requires the licensed activities be carried out in accordance with the plans, protocols or statements approved under this Schedule, the approved details, plan or scheme are taken to include any amendments that may subsequently be approved in writing by the MMO.E+W
Commencement Information
I8Sch. 11 Pt. 1 para. 8 in force at 22.1.2021, see art. 1
9. Any amendments to or variations from the approved plans, protocols or statements must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the MMO that it is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.E+W
Commencement Information
I9Sch. 11 Pt. 1 para. 9 in force at 22.1.2021, see art. 1