Offshore Substation Platform
1.—(1) The dimensions of the offshore substation platform in Work No. 3B or 3C (excluding towers, masts and cranes) must not exceed—
(a)70 metres in length;
(b)40 metres in width; or
(c)50 metres in height above HAT.
(2) Offshore substation platform foundation in Work No. 3B or 3C must be of one of the following foundation options: piled jacket or suction bucket jacket.
(3) The offshore substation platform foundation in Work No. 3B or 3C must not—
(a)have more than four legs;
(b)have more than eight piles;
(c)have a pile diameter exceeding 3.5 metres;
(d)employ a hammer energy during installation exceeding 3,000 kilojoules;
(e)have a seabed footprint (excluding subsea scour protection) exceeding 452 square metres; or
(f)have a seabed footprint (including subsea scour protection) exceeding 4,761 square metres.
(4) The total amount of scour protection for the offshore substation platform in Work No. 3B or 3C must not exceed 4,054 square metres.
(5) The total volume of scour protection for the offshore substation platform in Work No. 3B or 3C must not exceed 7,297 cubic metres.
2.—(1) In the event of scenario 1, scenario 2, scenario 3 within Work Nos. 3B to 5B the offshore export cables must not, in total—
(a)exceed one in number;
(b)exceed 62 kilometres in length;
(c)exceed four cable crossings;
(d)have cable protection (including cable crossings) exceeding 9,504 square metres in area; or
(e)have cable protection (including cable crossings) exceeding 6,885 cubic metres in volume.
(2) In the event of scenario 1, scenario 2 or scenario 3, within Work Nos. 4B the interlink cables must not, in total—
(a)exceed three in number;
(b)exceed 66 kilometres in length;
(c)exceed six cable crossings;
(d)have cable protection (including cable crossings) exceeding 6,708 square metres in area; or
(e)have cable protection (including cable crossings) exceeding 1,896 cubic metres in volume.
(3) In the event of scenario 4 within Work Nos. 3C to 5C, the offshore export cables must not, in total—
(a)exceed two in number;
(b)exceed 80 kilometres in length;
(c)exceed eight cable crossings;
(d)have cable protection (including cable crossings) exceeding 16,008 square metres in area; or
(e)have cable protection (including cable crossings) exceeding 12,645 cubic metres in volume.
(4) In the event of scenario 4, within Work Nos. 4C the interlink cables must not, in total—
(a)exceed seven in number;
(b)exceed 154 kilometres in length;
(c)exceed six cable crossings;
(d)have cable protection (including cable crossings) exceeding 12,708 square metres in area; or
(e)have cable protection (including cable crossings) exceeding 3,396 cubic metres in volume.
3.—(1) The authorised project must not be commenced until a notification has been submitted to the MMO as to whether the undertaker intends to commence scenario 1, scenario 2, scenario 3 or scenario 4.
(2) The notification required under sub-paragraph (1) must be submitted to the MMO prior to submission of the written scheme to be submitted for approval under sub-paragraph (3).
(3) The authorised project must not be commenced until a written scheme setting out (with regards to the relevant scenario notified under sub-paragraph (1)) the phases of construction of the authorised project has been submitted to and approved in writing by the MMO.
(4) Any subsequent amendments to the written scheme submitted for approval under sub-paragraph (3) must be submitted to, and approved by, the MMO.
(5) The written scheme submitted for approval under sub-paragraph (3) must be implemented as approved. The approved details shall be taken to include any amendment that may subsequently be approved in accordance with sub-paragraph (4).
4. The undertaker must issue to operators of vessels under the undertaker’s control operating within the Order limits a code of conduct to reduce risk of injury to marine mammals.
5. Any time period given in this marine licence to either the undertaker or the MMO may be extended with the agreement of the other party, such agreement not to be unreasonably withheld or delayed.
6.—(1) The undertaker must ensure that—
(a)a copy of this marine licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to—
(i)all agents and contractors notified to the MMO in accordance with condition 16;
(ii)the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 16; and
(b)within 28 days of receipt of a copy of this marine licence and any subsequent amendments or revisions to it, those persons referred to in sub-paragraph (1)(a) must confirm receipt of this marine licence in writing to the MMO.
(2) Only those persons and vessels notified to the MMO in accordance with condition 16 are permitted to carry out the licensed activities.
(3) Copies of this marine licence must also be available for inspection 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
(c)on board each vessel and at the office of any transport manager with responsibility for vessels from which authorised deposits or removals are to be made.
(4) The documents referred to in sub-paragraph (1) must be available for inspection by an authorised enforcement officer at the locations set out in sub-paragraph (3).
(5) The undertaker must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during the construction and operation of the authorised project.
(6) The undertaker must inform the MMO local office in writing at least five days prior to the commencement of the licensed activities or any part of them and within five days of the completion of the licensed activity.
(7) The undertaker must inform the Kingfisher Information Service of Seafish by email to kingfisher@seafish.co.uk of details of the vessel routes, timings and locations relating to the construction of the authorised project or relevant part—
(a)at least fourteen days prior to the commencement of offshore activities, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data;
(b)on completion of construction of all offshore activities,
and confirmation of notification must be provided to the MMO within five days.
(8) The undertaker must ensure that a local notification to mariners is issued at least 14 days prior to the commencement of the authorised project or any part thereof advising of the start date of each of Work Nos. 3B, 4B, 5B, 6B and 7B in the event of scenario 1, scenario 2 or scenario 3 or 3C, 4C, 5C, 6C and 7C in the event of scenario 4 and the expected vessel routes from the construction ports to the relevant location. Copies of all notices must be provided to the MMO, MCA and UKHO within five days.
(9) The undertaker must ensure that local notifications to mariners are updated and reissued at weekly intervals during construction activities and at least five days before any planned operations (or otherwise agreed) and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme and monitoring plan approved under condition 12(1)(b). Copies of all notices must be provided to the MMO and UKHO within five days.
(10) The undertaker must notify UKHO of—
(a)commencement of the licensed activities at least ten working days prior to commencement; and
(b)completion (within fourteen days) of the authorised project or any part thereof
in order that all necessary amendments to nautical charts are made. Copies of all notices must be provided to the MMO and MCA within five days.
(11) In case of damage to, or destruction or decay of, the authorised project or any part thereof, excluding the exposure of cables, the undertaker must as soon as reasonably practicable and no later than 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify the MMO, MCA, Trinity House, the Kingfisher Information Service of Seafish and UKHO.
(12) In case of the exposure of cables on or above the seabed, the undertaker must within three days following identification of a potential cable exposure, notify mariners and inform the Kingfisher Information Service of Seafish of the location and extent of exposure. Copies of all notices must be provided to the MMO, MCA, Trinity House, and UKHO within five days.
7.—(1) The undertaker must during the whole of the period from commencement of construction of the authorised project to completion of decommissioning of the authorised project exhibit such lights, marks, sounds, signals and other aids to navigation, and take such other steps for the prevention of danger to navigation, as Trinity House may from time to time direct.
(2) The undertaker must during the period from commencement of construction of the authorised project to completion of decommissioning of the authorised project keep Trinity House and the MMO informed of progress of the authorised project including—
(a)notice of commencement of construction of the authorised project within 24 hours of commencement having occurred;
(b)notice within 24 hours of any aids to navigation being established by the undertaker; and
(c)notice within five days of completion of construction of the authorised project.
(3) The undertaker must provide reports to Trinity House on the availability of aids to navigation in accordance with the frequencies set out in the aids to navigation management plan agreed pursuant to condition 12(1)(h) using the reporting system provided by Trinity House.
(4) The undertaker must during the period from commencement of the licensed activities to completion of decommissioning of the authorised project notify Trinity House and the MMO of any failure of the aids to navigation, and the timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.
(5) In the event that the provisions of condition 6(11) and condition 6(12) are invoked the undertaker must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.
8. Except as otherwise required by Trinity House the undertaker must paint all structures forming part of the authorised project yellow (colour code RAL 1023) from at least HAT to a height as directed by Trinity House. Unless the MMO otherwise directs, the undertaker must paint the remainder of the structures grey (colour code RAL 7035).
9.—(1) The undertaker must exhibit such lights, with such shape, colour and character as are required in writing by the Air Navigation Order 2016 and determined necessary for aviation safety in consultation with the Defence Infrastructure Organisation Safeguarding and as directed by the Civil Aviation Authority.
(2) The undertaker must notify the Defence Infrastructure Organisation Safeguarding, the Civil Aviation Authority and the MMO, at least 14 days prior to the commencement of the authorised project, in writing of the following information—
(a)the date of the commencement of construction of the authorised project;
(b)the date any offshore substation platforms are brought into use;
(c)the maximum height of any construction equipment to be used;
(d)the maximum height of each offshore substation platform to be constructed;
(e)the latitude and longitude of each offshore substation platform to be constructed;
and the Defence Infrastructure Organisation Safeguarding and the Civil Aviation Authority must be notified of any changes to the information supplied under this paragraph and of the completion of the construction of the authorised project. Copies of notifications must be provided to the MMO within five days.
10.—(1) Unless otherwise agreed in writing by the MMO, the carriage and use of chemicals in the construction of the authorised project must comply with the International Convention for the Prevention of Pollution from Ships 1973 as modified by the Protocol of 1978 relating thereto and by the Protocol of 1997.
(2) The undertaker must ensure that any coatings and treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by the Health and Safety Executive and the Environment Agency Pollution Prevention Control Guidelines.
(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 percent of the total volume of all reservoirs and containers.
(4) The undertaker must inform the MMO in writing of the location and quantities of material disposed of each month under this marine licence by submission of a disposal return by 15 February each year for the months August to January inclusive, and by 15 August each year for the months February to July inclusive.
(5) The undertaker must ensure that only inert material of natural origin, produced during pre- sweeping sandwave clearance where relevant, the drilling installation of or seabed preparation for foundations, and drilling mud is disposed of within the Order limits seaward of MHWS.
(6) The undertaker must ensure that any rock material used in the construction of the authorised project is from a recognised source, free from contaminants and containing minimal fines.
(7) In the event that any rock material used in the construction of the authorised project is misplaced or lost below MHWS, the undertaker must report the loss in writing to the local enforcement office within 24 hours and if the MMO, in consultation with the MCA and Trinity House, reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the undertaker must, in that event, demonstrate to the MMO that reasonable attempts have been made to locate, remove or move any such material.
(8) The undertaker must ensure that no waste, concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete and cement mixing and washing areas must be contained to prevent run off entering the water through the freeing ports.
(9) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO Marine Pollution Response Team in accordance with the marine pollution contingency plan agreed under condition 12(1)(d)(i).
(10) All dropped objects must be reported to the MMO using the Dropped Object Procedure Form as soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware of an incident. On receipt of the Dropped Object Procedure Form the MMO may require relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do so and the MMO may require obstructions to be removed from the seabed at the undertaker’s expense if reasonable to do so.
11. If, due to stress of weather or any other cause, the master of a vessel determines that it is necessary to deposit the authorised deposits within or outside of the Order limits because the safety of human life or of the vessel is threatened, within 48 hours the undertaker must notify full details of the circumstances of the deposit to the MMO.
12.—(1) The licensed activities or any phase of those activities must not commence until the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the MMO, in consultation with Trinity House, the MCA and UKHO as appropriate—
(a)a plan prepared in accordance with the layout commitments setting out proposed details of the authorised project, including the—
(i)number, dimensions, specification, foundation type(s) and depth for each wind turbine generator, offshore platform and substation;
(ii)the grid coordinates of the centre point of the proposed location for each wind turbine generator, platform and substation;
(iii)proposed layout of all cables;
(iv)location and specification of all other aspects of the authorised project; and
(v)any exclusion zones or micro-siting requirements identified pursuant to 12(1)(f)(v) or relating to any benthic habitats of conservation, ecological or economic importance constituting Annex I reef habitats identified as part of surveys undertaken in accordance with condition 17;
to ensure conformity with the description of Work Nos. 3B to 7B in the event of scenario 1, 2 or 3, or 3C to 5C and 7C in the event of scenario 4 and compliance with conditions 1 and 2;
(b)a construction programme and monitoring plan (which accords with the offshore in principle monitoring plan) which, save in respect information submitted pursuant to sub- paragraph (b)(iii)(aa), is to be submitted to the MMO at least six months prior to commencement of licensed activities and to include details of—
(i)the proposed construction start date;
(ii)proposed timings for mobilisation of plant, delivery of materials and installation works;
(iii)proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction surveys and monitoring and related reporting in accordance with conditions 17, 18 and 19 to be submitted to the MMO in accordance with the following (unless otherwise agreed in writing with the MMO)—
(aa)at least four months prior to the first survey, detail of the pre-construction surveys and an outline of all proposed pre-construction monitoring;
(bb)at least four months prior to construction, detail on construction monitoring; and
(cc)at least four months prior to commissioning, detail of post-construction (and operational) monitoring;
(iv)an indicative written construction programme for all offshore substation platforms and cables including fibre optic cables comprised in the works at Part 1 (licensed marine activities) of this Schedule (insofar as not shown in paragraph (ii) above);
(c)a construction method statement in accordance with the construction methods assessed in the environmental statement, including details of—
(i)cable specification, installation and monitoring for cables located outside of the Cromer Shoal Chalk Beds Marine Conservation Zone to include—
(aa)the technical specification of cables below MHWS;
(bb)a detailed cable laying plan for the authorised project, incorporating a burial risk assessment encompassing the identification of any cable protection that exceeds 5 percent of navigable depth referenced to Chart Datum and, in the event that any area of cable protection exceeding 5 percent of navigable depth is identified, details of any steps (to be determined following consultation with the MCA and Trinity House) to be taken to ensure existing and future safe navigation is not compromised or similar such assessment to ascertain suitable burial depths and cable laying techniques, including cable protection; and
(cc)proposals for monitoring cables including cable protection until the authorised project is decommissioned which includes a risk-based approach to the management of unburied or shallow buried cables;
(ii)scour protection and cable protection including details of the need, type, sources, quantity and installation methods for scour protection and cable protection, with details updated and resubmitted for approval if changes to it are proposed following cable laying operations;
(iii)foundation installation methodology, including drilling methods and disposal of drill arisings and material extracted during seabed preparation for foundation and cable installation works and having regard to any mitigation scheme pursuant to sub- paragraph (1)(a)(i);
(iv)advisory safe passing distances for vessels around construction sites;
(v)contractors;
(vi)vessels and vessel transit corridors;
(vii)associated ancillary works; and
(viii)guard vessels to be employed;
(d)a project environmental management plan (in accordance with the outline project environmental management plan) covering the period of construction and operation 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 project in relation to all activities carried out;
(ii)a chemical risk assessment, including information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;
(iii)waste management and disposal arrangements;
(iv)the appointment and responsibilities of a fisheries liaison officer;
(v)a fisheries liaison and coexistence plan (which accords with the outline fisheries liaison and co-existence plan) to ensure relevant fishing fleets are notified of commencement of licensed activities pursuant to condition 4 and to address the interaction of the licensed activities with fishing activities; and
(vi)procedures, which must be adopted within vessel transit corridors to minimise disturbance to red-throated diver during the period 1 November to 31 March (inclusive), which must be in accordance with the best practice protocol for minimising disturbance to red throated diver;
(vii)a code of conduct for vessel operators to reduce risk of injury to mammals;
(e)a cable specification, installation and monitoring plan for the installation of cables within the Cromer Shoal Chalk Beds Marine Conservation Zone (in accordance with the outline Cromer Shoal Chalk Beds Marine Conservation Zone cable specification, installation and monitoring plan);
(f)an archaeological written scheme of investigation in relation to the offshore Order limits seaward of MHWS, which must accord with the outline written scheme of investigation (offshore) and industry good practice, in consultation with the statutory historic body to include—
(i)details of responsibilities of the undertaker, archaeological consultant and contractor;
(ii)a methodology for further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;
(iii)archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the MMO within four months of any survey being completed;
(iv)delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones;
(v)monitoring of archaeological exclusion zones during and post construction;
(vi)a requirement for the undertaker to ensure that a copy of any agreed archaeological report is deposited with the Archaeological Data Service, by submitting an OASIS (‘Online Access to the Index of archaeological investigations’) form with a digital copy of the report within six months of completion of construction of the authorised scheme, and to notify the MMO and Historic England that the OASIS form has been submitted to the Archaeological Data Service within two weeks of submission;
(vii)a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised scheme; and
(viii)a timetable for all further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the offshore Order limits and the approval of any necessary mitigation required as a result of the further site investigations prior to commencement of licensed activities;
(g)an offshore operations and maintenance plan (in accordance with the outline offshore operations and maintenance plan), to be submitted to the MMO at least six months prior to commencement of operation of the licensed activities and to provide for review and resubmission every three years during the operational phase;
(h)an aids to navigation management plan to be agreed in writing by the MMO following consultation with Trinity House specifying how the undertaker will ensure compliance with condition 7 from the commencement of construction of the authorised project to the completion of decommissioning;
(i)in the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol (in accordance with the draft marine mammal mitigation protocol), the intention of which is to prevent injury to marine mammals, following current best practice as advised by the relevant statutory nature conservation bodies, to be submitted to the MMO at least six months prior to commencement of licensed activities;
(j)a mitigation scheme for any benthic habitats of conservation, ecological and/or economic importance constituting Annex I reef habitats and including the designated features of the MCZ identified by the survey referred to in condition 17(4)(a) and in accordance with the offshore in principle monitoring plan;
(k)an ornithological monitoring plan setting out the circumstances in which ornithological monitoring will be required and the monitoring to be carried out in such circumstances to be submitted to the MMO at least six months prior to commencement of licensed activities; and
(l)a navigation management plan to manage crew transfer vessels (including daughter craft) during the construction and operation of the authorised project.
(2) Pre-commencement surveys and archaeological investigations and pre-commencement material operations which involve intrusive seabed works must only take place in accordance with a specific outline written scheme of investigation (which must accord with the details set out in the outline written scheme of investigation (offshore)) which has been submitted to and approved by the MMO.
13.—(1) No piling activities can take place until a Site Integrity Plan (“SIP”), which accords with the principles set out in the in principle Site Integrity Plan for the Southern North Sea Special Area of Conservation, has been submitted to, and approved in writing, by the MMO in consultation with the relevant statutory nature conservation body.
(2) The SIP submitted for approval must contain a description of the conservation objectives for the Southern North Sea Special Area of Conservation (“SNS SAC”) as well as any relevant management measures and it must set out the key statutory nature conservation body advice on activities within the SNS SAC relating to piling as set out within the JNCC Guidance and how this has been considered in the context of the authorised scheme.
(3) The SIP must be submitted in writing to the MMO no later than six months prior to the commencement of piling activities.
(4) In approving the SIP the MMO must be satisfied that the authorised scheme at the preconstruction stage, in-combination with other plans and projects, is in line with the JNCC Guidance.
(5) The approved SIP may be amended with the prior written approval of the MMO, in consultation with the relevant statutory nature conservation body, where the MMO remains satisfied that the Project, in-combination with other plans or projects at the pre-construction stage, is in line with the JNCC Guidance.
14.—(1) Each programme, statement, plan, protocol or scheme required to be approved under condition 12 must be submitted for approval at least four months before the intended commencement of licensed activities, except where otherwise stated or unless otherwise agreed in writing by the MMO.
(2) The MMO must determine an application for approval made under conditions 12 and 13 within a period of four months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker.
(3) The licensed activities must be carried out in accordance with the plans, protocols, statements, schemes and details approved under conditions 12 and 13, unless otherwise agreed in writing by the MMO.
15. No part of the authorised project may commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and, so far as is applicable to that stage of the project, adequately addressed all MCA recommendations as appropriate to the authorised project contained within MGN654 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” (or any equivalent guidance that replaces or supersedes it) and its annexes.
16.—(1) The undertaker must provide the following information in writing to the MMO—
(a)the name, function, company number (if applicable), registered or head office address (as appropriate) of any agent or contractor appointed to engage in the licensed activities within seven days of appointment; and
(b)each week during the construction of the authorised project a completed Hydrographic Note H102 listing the vessels currently and to be used in relation to the licensed activities.
(2) The undertaker must notify the MMO in writing of any vessel being used to carry on any licensed activity listed in this marine licence on behalf of the undertaker. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity. Notification must include the master’s name, vessel type, vessel IMO number and vessel owner or operating company.
(3) Any changes to the supplied details must be notified to the MMO in writing at least 24 hours before the agent, contractor or vessel engages in the licensed activities.
17.—(1) The undertaker must, in discharging condition 12(1)(b), submit a monitoring plan or plans in accordance with the offshore in principle monitoring plan for written approval in writing by the MMO in consultation with the relevant statutory nature conservation body, which must contain details of proposed monitoring and surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report.
(2) The survey proposals submitted under sub-paragraph (1) must be in general accordance with the principles set out in the offshore in principle monitoring plan and must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position or will enable the validation or otherwise of key predictions in the environmental statement.
(3) The baseline report proposals submitted under sub-paragraph (1) must 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 must make clear what post-construction comparison is intended and the justification for this being required.
(4) The pre-construction surveys referred to in sub-paragraph (1) must, unless otherwise agreed with the MMO, have due regard to, but not be limited to, the need to undertake—
(a)an appropriate survey to determine the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance constituting Annex 1 reef habitats in the parts of the Order limits in which it is proposed to carry out construction works;
(b)a swath-bathymetry survey to IHO Order 1a standard that meets the requirements MGN654 and its annexes, and side scan sonar, of the area(s) within the Order limits in which it is proposed to carry out construction works;
(c)undertake or contribute to any marine mammal monitoring referred to in the marine mammal mitigation protocol submitted in accordance with condition 12(1)(i); and
(d)any ornithological monitoring required by the ornithological monitoring plan submitted in accordance with condition 12(1)(k).
(5) The undertaker must carry out the surveys specified within the monitoring plan or plans in accordance with that plan or plans, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.
18.—(1) The undertaker must, in discharging condition 12(1)(b), submit details (which accord with the offshore in principle monitoring plan) for approval in writing by the MMO in consultation with the relevant statutory nature conservation bodies of any proposed monitoring and surveys including methodologies and timings, to be carried out during the construction of the authorised scheme. The survey proposals must specify each survey’s objectives.
(2) In the event that driven or part-driven pile foundations are proposed, such monitoring must include measurements of noise generated by the installation of the first four piled foundations of each piled foundation type to be installed unless the MMO otherwise agrees in writing.
(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 in writing with the MMO in consultation with the relevant statutory nature conservation bodies.
(4) The results of the initial noise measurements monitored in accordance with sub-paragraph (2) must be provided to the MMO within six weeks of the installation of the first four piled foundations. The assessment of this report by the MMO will determine whether any further noise monitoring is required. If, in the reasonable opinion of the MMO in consultation with the relevant statutory nature conservation body, the assessment shows significantly different impacts to those assessed in the environmental statement or failures in mitigation, all piling activity must cease until an update to the marine mammal mitigation protocol and further monitoring requirements have been agreed.
(5) The undertaker must carry out the surveys specified in the construction monitoring plan in accordance with that plan, including any further noise monitoring required in writing by the MMO under sub-paragraph (4), unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.
(6) Construction monitoring must include vessel traffic monitoring in accordance with the outline marine traffic monitoring plan, including the provision of reports on the results of that monitoring at the end of each year of the construction period to the MMO, MCA and Trinity House.
(7) In the event that piled foundations are proposed to be used, the details submitted in accordance with the marine mammal mitigation protocol must include proposals for monitoring marine mammals.
19.—(1) The undertaker must, in discharging condition 12(1)(b), submit details (which accord with the offshore in principle monitoring plan) for approval in writing by the MMO in consultation with the relevant statutory nature conservation bodies of proposed post-construction monitoring and surveys, including methodologies and timings, and a proposed format, content and timings for providing reports on the results.
(2) The survey proposals must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.
(3) The post-construction surveys referred to in sub-paragraph (1) must, unless otherwise agreed with the MMO, have due regard to, but not be limited to, the need to—
(a)undertake an appropriate survey to determine any change in the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance constituting Annex 1 reef habitats identified in the pre-construction survey in the parts of the Order limits in which construction works were carried out. The survey design must be informed by the results of the pre-construction benthic survey;
(b)undertake, within twelve months of completion of the licensed activities, a full sea floor coverage swath-bathymetry survey that meets the requirements of MGN654 and its annexes, and side scan sonar, of the area(s) within the Order limits in which construction works were carried out to assess any changes in bedform topography and such further monitoring or assessment as may be agreed to ensure that cables (including fibre optic cables) have been buried or protected;
(c)undertake any ornithological monitoring required by the ornithological monitoring plan submitted in accordance with condition 12(1)(k);
(d)undertake post-construction traffic monitoring in accordance with the outline marine traffic monitoring plan, including the provision of reports on the results of that monitoring to the MMO, the MCA and Trinity House;
(e)undertake or contribute to any marine mammal monitoring referred to in the marine mammal mitigation protocol submitted in accordance with condition 12(1)(i); and
(f)undertake monitoring of cables installed within the Cromer Shoal Chalk Beds MCZ in accordance with any monitoring required by the cable specification, installation and monitoring plan for the installation of cables within the Cromer Shoal Chalk Beds Marine Conservation Zone submitted in accordance with condition 12(1)(e).
(4) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the agreed reports to the MMO in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with the relevant statutory nature conservation bodies.
(5) Following installation of cables, the cable monitoring plans required under conditions 12(1)(c) and 12(1)(e) must be updated with the results of the post installation surveys. The plans must be implemented until the authorised scheme is decommissioned and reviewed as specified within the plan, following cable burial surveys, or as instructed by the MMO.
(6) In the event that the reports provided to the MMO under sub-paragraph (4) identify a need for additional monitoring, the requirement for any additional monitoring will be agreed with the MMO in writing and implemented as agreed.
(7) In the event that the reports provided to the MMO under sub-paragraph (4) identify impacts which are unanticipated and or beyond those predicted within the Environmental Statement and the Habitats Regulations Assessment, an adaptive management plan to reduce effects to within what was predicted with the Environmental Statement and Habitats Regulations Assessment, unless otherwise agreed in writing by the MMO, must be submitted alongside the monitoring reports submitted under sub-paragraph (4). This plan must be agreed with the MMO in consultation with the relevant statutory nature conservation bodies to reduce effects to an agreed suitable level for the project. Any such agreed and approved adaptive management or mitigation should be implemented and monitored in full to a timetable agreed in writing with the MMO. In the event that this adaptive management or mitigation requires a separate consent, the undertaker shall apply for such consent. Where a separate consent is required to undertake the agreed adaptive management or mitigation, the undertaker shall only be required to undertake the adaptive management or mitigation once the consent is granted.
20.—(1) Not more than four months following completion of the construction of the authorised project, the undertaker must provide the MMO and the relevant statutory nature conservation bodies with a report setting out details of the cable protection and scour protection used for the authorised project.
(2) The report must include the following information—
(a)the location of cable protection and scour protection;
(b)the volume of cable protection and scour protection; and
(c)any other information relating to the cable protection and scour protection as agreed between the MMO and the undertaker.
21.—(1) The undertaker must submit a close out report to the MMO, the MCA, Trinity House, UKHO and the relevant statutory nature conservation body within three months of the date of completion of construction. The close out report must confirm the date of completion of construction and must include details of the latitude and longitude coordinates of the export cables, provided as Geographical Information System data referenced to WGS84 datum.
(2) Following completion of construction, no further construction activities can be undertaken under this marine licence.
22.—(1) The undertaker must submit a sample plan request in writing to the MMO for written approval of a sample plan.
(2) The sample plan request must be made—
(a)for capital dredging, at least six months prior to the commencement of any capital dredging; or
(b)for maintenance dredging, at least six months prior to the end of every third year from the date of the previous sediment sample analysis.
(3) The sample plan request must include details of—
(a)the volume of material to be dredged;
(b)the location of the area to be dredged;
(c)details of the material type proposed for dredging;
(d)the type and dredging methodology (including whether it is a capital or maintenance dredge, depth of material to be dredged and proposed programme for the dredging activities); and
(e)the location and depth of any supporting samples.
(4) Unless otherwise agreed by the MMO, the undertaker must undertake the sampling in accordance with the approved sample plan.
23.—(1) Prior to submission of plans and documentation required to be submitted to the MMO for approval in accordance with conditions 12 and 13, the undertaker must provide a copy of the relevant plans and documentation to SEL to enable SEL to provide any comments on the plans and documentation to the undertaker.
(2) The plans and documentation submitted to the MMO for approval in accordance with conditions 12 and 13 must be accompanied by any comments received by the undertaker from SEL in accordance with sub-paragraph (1) or a statement from the undertaker confirming that no such comments were received.
24.—(1) The undertaker must not carry out any cable installation works within the GW during the winter period.
(2) For the purpose of this condition—
“the GW” means the site designated as the Greater Wash Special Protection Area;
“winter period” means the period between 1 November to 31 March inclusive.
25. No infrastructure of any type included within the offshore works, including wind turbine generators and offshore substation platforms, shall be installed within the area defined by the coordinates as specified below and no part of any wind turbine generator, including its blades, may overfly into the area.
| Point ID of the area | Latitude (D°M.MM) | Longitude (D°M.MM) |
|---|---|---|
| A (NW corner) | 53° 21.1541′ N | 1° 10.1853′ E |
| B (SW corner) | 53° 19.0449′ N | 1° 12.3327′ E |
| C (NE corner) | 53° 21.1558′ N | 1° 11.8346′ E |
| D (SE corner) | 53° 19.5696′ N | 1° 13.6102′ E |