The Sizewell C (Nuclear Generating Station) Order 2022

Save for differences or disputes arising under paragraph 48(2), 48(4) 49(1), 50 and 51 any difference or dispute arising between the undertaker and National Grid under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid, be determined by arbitration in accordance with article 84 (arbitration).

Notices

57

The plans submitted to National Grid by the undertaker pursuant to paragraph 50(1) must be sent to National Grid Plant Protection at plantprotection@nationalgrid.com or such other address as National Grid may from time to time appoint instead for that purpose and notify to the undertaker in writing.

PART 6 — FOR THE PROTECTION OF ESSEX AND SUFFOLK WATER

58

For the protection of Essex and Suffolk Water, the following provisions shall, unless otherwise agreed in writing between the undertaker and Essex and Suffolk Water, have effect.

59

In this Part of this Schedule—

• “Authority” has the meaning given in the Water Industry Act 1991;

• “alternative apparatus” means alternative apparatus adequate to enable ESW to fulfil its statutory functions in not less efficient a manner than previously;

• “apparatus” means any works, mains, pipes, wells, boreholes, tanks, service reservoirs, pumping stations (and any accessories to those items) or other apparatus, structures, tunnels, shafts or treatment works belonging to or maintained by ESW for the purposes of water supply and includes a water main, resource main or trunk main and any inspection chambers, wash-out pipes, pumps, ferrules or stopcocks for the main or works (within the meaning of section 219 of the Water Industry Act 1991);

• “condition 1” means the satisfaction of the conditions set out in paragraphs 71 and 72;

• “condition 2” means the satisfaction of the conditions set out in paragraphs 73, 74 and 75;

• “domestic supply” has the meaning given in the Water Industry Act 1991;

• “ESW” means Northumbrian Water Limited, t/a Essex and Suffolk Water, company number 02366703, whose registered office is at Northumbria House, Abbey Road, Pity Me, Durham, DH1 5FJ;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;

• “plan” includes sections, drawings, specifications and method statements;

• “the standard protection strips” means strips of land falling the following distances to either side of the medial line of any relevant pipe or apparatus— 2.25 metres where the diameter of the pipe is less than 150 millimetres; 3 metres where the diameter of the pipe is between 150 and 450 millimetres; 4.5 metres where the diameter of the pipe is between 450 and 750 millimetres; and 6 metres where the diameter of the pipe exceeds 750 millimetres unless otherwise agreed;

• “WINEP process” means the water industry national environment programme process which informs the Authority’s price review process for the period 2025 to 2030 (PR24); and

• “WRMP 24” means Water Resource Management Plan 2024.

60

The undertaker must not interfere with, build over or near to any apparatus within the Order land or execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within the standard protection strips unless otherwise agreed in writing with ESW, such agreement not to be unreasonably withheld or delayed, and the existence of this paragraph 60 shall be brought to the attention of any agent or contractor responsible for carrying out any part of the authorised development on behalf of the undertaker.

61

The alteration, extension, removal or re-location of any apparatus shall not be implemented until—

• (a) any required permits under the Environmental Permitting (England and Wales) Regulations 2016 or other legislation and any other associated consents are obtained; and

• (b) the undertaker has made the appropriate application under section 185 (duty to move pipes, etc.) of the Water Industry Act 1991 as may be required by that provision and has provided a plan and section of the works proposed to ESW and ESW has given the necessary consent or approval under that provision, such agreement not to be unreasonably withheld or delayed,

and such works are to be executed only in accordance with the plan, section and description submitted and in accordance with such reasonable requirements as may be made by ESW for the alteration or otherwise for the protection of the apparatus, or for securing access to it.

62

In the situation, where in exercise of the powers conferred by the Order, the undertaker acquires any interest in any land in which any apparatus is placed and such apparatus is to be relocated, extended, removed or altered in any way, no alteration or extension shall take place until ESW has established to its reasonable satisfaction contingency arrangements in order to conduct its functions for the duration of the works to relocate, extend, remove or alter the apparatus.

63

Regardless of any provision in this Order or anything shown on any plan, the undertaker must not acquire any apparatus otherwise than by agreement, and before extinguishing any existing rights for ESW to use, keep, inspect, renew and maintain its apparatus in the Order land, the undertaker must, with the agreement of ESW, create a new right to use, keep, inspect, renew and maintain the apparatus that is reasonably convenient for ESW, such agreement not to be unreasonably withheld or delayed.

64

If in consequence of the exercise of the powers conferred by the Order the access to any apparatus is materially obstructed the undertaker shall provide such alternative means of access to such apparatus as will enable ESW to maintain or use the apparatus no less effectively than was possible before such obstruction.

65

If in consequence of the exercise of the powers conferred by the Order, previously unmapped sewers, lateral drains or other apparatus are identified by the undertaker, notification of the location of such assets will immediately be given to ESW and afforded the same protection as other ESW assets.

66

If for any reason or in consequence of the construction of any of the works referred to in paragraphs 60 to 62 any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of ESW, or there is any interruption in any service provided, or in the supply of any goods, by ESW, the undertaker must—

• (a) bear and pay the cost reasonably incurred by ESW in making good any damage or restoring the supply; and

• (b) make reasonable compensation to ESW for any other expenses, loss, damages, penalty or costs incurred by ESW, by reason or in consequence of any such damage or interruption.

67

Any agreement or approval of ESW required under these provisions (including pursuant to paragraph 60, 61 and 63—

• (a) must not be unreasonably withheld or delayed;

• (b) is deemed to have been given if it is neither given nor refused within 42 days of the date of submission of a request for such agreement or approval, or, in the case of a refusal, if it is not accompanied by a statement of the grounds of refusal; and

• (c) any request for agreement or approval of ESW required under these provisions must be sent to companysecretary@nwl.co.uk. or such other address as ESW may from time to time appoint instead for that purpose and notify to the undertaker in writing.

68

Any dispute arising between the undertaker and ESW under this Part of this Schedule must be referred to and settled by arbitration under article 84 (arbitration) unless otherwise agreed in writing between the undertaker and ESW.

Water Industry Act 1991

69

Unless otherwise agreed by ESW in its absolute discretion, the undertaker will not serve notice on ESW pursuant to section 41 or any other notice under the Water Industry Act 1991 in so far as it relates to domestic supply (or any equivalent provision with a similar effect consequential on non-household retail exit) in relation to the authorised development and hereby withdraws any such notice which the undertaker may have served on ESW prior to the coming into force of this Order.

Supply of potable water to the authorised development

70

Subject to either condition 1 or condition 2 being satisfied, and subject to the terms and conditions of any agreement made under section 55 Water Industry Act 1991 or determination by the Authority under section 56 Water Industry Act 1991 (or any equivalent provisions with a similar effect), ESW will use its reasonable endeavours to supply the authorised development with—

• (a) an annual average of 2.2 Ml/d of potable water; and

• (b) a peak demand of 2.8 Ml/d of potable water,

as soon as reasonably practicable.

Condition 1

71

The Environment Agency has confirmed the new annual licensed quantities of water for ESW’s River Waveney abstraction licence (7/34/19/*S/0108) and the Environment Agency’s Waveney Augmentation Groundwater Scheme abstraction licence.

72

Following satisfaction of paragraph 71, ESW, acting reasonably, has confirmed to the undertaker that there is sufficient sustainable water resource in the Northern Central Water Resource Zone to meet forecast demand from its existing customers and forecast demand from its future customers, including demand from the undertaker for the authorised development.

Condition 2

73

New supply schemes have been identified in ESW’s Water Resources Management Plan 2024 (WRMP24).

74

Following satisfaction of paragraph 73, the Secretary of State for the Department for Environment, Food and Rural Affairs has granted permission for the publication of ESW’s final WRMP24.

75

Following satisfaction of paragraph 74, the Authority has approved the required supply schemes from ESW’s approved WRMP24 in its Final Determinations for the 2024 Price Review.

PART 7 — FOR THE PROTECTION OF EDF ENERGY NUCLEAR GENERATION LIMITED

Application

76

The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and ENGL.

Interpretation

77

In addition to article 2 (interpretation), the terms in this Part have the following meanings—

• “ENGL” means EDF Energy Nuclear Generation Limited (company number 03076445);

• “NSL” means a nuclear site licence granted by the Office for Nuclear Regulation in exercise of powers contained in sections 1(1), 3 and 4 of the Nuclear Installations Act 1965;;

• “Service Media” means pipes, sewers, drains (including drainage ditches) underground and overhead electricity cables, busbars, telecommunications and fibre optic cables, mains, ducts, conduits, gutters, watercourses, wires, other cables, conducting media including any fixings, louvres, cowls and other covers, manholes, junction boxes and other ancillary works and mechanisms;

• “Site” means any land within the Order Limits in which ENGL has a freehold or leasehold interest.

Acquisition of Land

78

• (1) Despite any provision of this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not exercise any power—

• (a) to appropriate, acquire, extinguish, interfere with or override any land or interests held by ENGL in the Site;

• (b) to temporarily possess any order land located within any part of the Site;

• (c) to grant new rights or impose restrictive covenants over the Site,

otherwise than by agreement with ENGL.

• (2) Despite any provision of this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not exercise any power to acquire, divert, interfere with or relocate apparatus or Service Media in the Site or which serves the Site otherwise than by agreement with ENGL.

• (3) Despite any provision of this Order or anything shown on the Land Plans or contained in the Book of Reference, the undertaker must not exercise any power to appropriate, acquire, extinguish, interfere with or override any third-party interest in the Site without ENGL’s written consent, such consent not to be unreasonably withheld or delayed.

• (4) Where the undertaker and ENGL agree under this paragraph that any land interest in the Site, or apparatus in the Site, may be acquired by agreement at a time when the NSL remains in force, such acquisition may only take place after the consent of the Office for Nuclear Regulation has first been obtained by ENGL where required in accordance with the NSL.

Apparatus and/or Service Media of ENGL in stopped up streets

79

Without prejudice to the generality of any other protection afforded to ENGL elsewhere in the Order, where any street is stopped up under article 16 (permanent stopping up of streets, change of status, and extinguishment of private means of access), if ENGL has any apparatus and/or Service Media in the street or accessed via that street then it is entitled to the same rights in respects of such apparatus and/or Service Media as it enjoyed immediately before the stopping up, diversion or variation and the undertaker must grant to ENGL, or procure the granting to ENGL of equivalent rights to ENGL in respect of such apparatus and/or Service Media and access to it prior to the stopping up, diversion or variation of any such street or highway.

Article 5

80

Neither the undertaker nor ENGL shall exercise any rights it may have to serve notice on the local planning authority pursuant to article 5 (effect of the Order on the Sizewell B relocated facilities permissions) without the written consent of the other.

Discharge or requirements

81

Neither the undertaker or ENGL shall submit details for approval by the local planning authority pursuant to the requirements in Schedule 2 in relation to Work No. 1D or Work No. 1E without the approval of the other.

Service Media plan

82

In respect of any grid works being carried out by National Grid, for the purpose of identifying the Service Media to which the provisions of this Part shall have effect, ENGL must if reasonably requested and to the extent that it is appropriate to do so (acting as a prudent nuclear operator) supply plans to National Grid identifying the location of any Service Media belonging to ENGL.

Enactments and agreements

83

Save to the extent agreed in writing between ENGL and the undertaker, nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and ENGL.

Arbitration

84

Any dispute arising between the undertaker and ENGL under this Part of this Schedule must be referred to and settled by arbitration under article 84 (arbitration) unless otherwise agreed in writing between the undertaker and ENGL.

PART 8 — FOR THE PROTECTION OF THE NUCLEAR DECOMMISSIONING AUTHORITY AND MAGNOX LIMITED

Application

85

The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and NDA and / or Magnox (as applicable).

Interpretation

86

In addition to article 2 (interpretation), the terms in this Part have the following meanings—

• “access road” means the private access road connecting the Magnox Site and NDA Site to the adopted highway (sizewell gap road) shown on the Access Road Plan;

• “Access Road Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc) and identified in Schedule 23 for the purposes of this Order;

• “alternative installations” means appropriate alternative installations to the satisfaction of NDA and / or Magnox (as applicable) to enable NDA and / or Magnox (as applicable) to fulfil its obligations under the Designating Directions and NSL in a manner not less efficient than previously;

• “Designating Directions” mean the nuclear site directions in force in respect of any part of the NDA Site and made by the Secretary of State in exercise of the powers contained in sections 3, 4 and 16 of the Energy Act 2004;

• “installation(s)” means any buildings, structures, cooling water infrastructure, services and any other uses and apparatus belonging to or maintained by or used by NDA or Magnox within the Site and / or the Rights Land as identified by NDA or Magnox (as applicable) in accordance with paragraph 99;

• “in” in a context referring to apparatus in land includes a reference to apparatus across, under, over or upon land;

• “Magnox” means Magnox Limited (Company No.02264251) and includes its successors in title, agents, assigns, officers, servants contractors or agents;

• “Magnox Rights Land” means that part of the Order Land in which Magnox has a legal or beneficial interest including any easement, liberty, privilege, right, advantage or restrictive covenant but excluding a freehold or leasehold interest;

• “Magnox Site” means that part of the Order Land in which Magnox has a freehold or leasehold interest;

• “NDA” means the Nuclear Decommissioning Authority, a non-departmental public body established by the Energy Act 2004, and any successor body with responsibility for carrying out the same or similar statutory functions;

• “NDA Rights Land” means that part of the Order Land in which NDA has a legal or beneficial interest including any easement, liberty, privilege, right, advantage or restrictive covenant but excluding a freehold or leasehold interest

• “NDA Site” means that part of the Order Land in which NDA has a freehold or leasehold interest;

• “NSL” means a nuclear site licence granted by the Office for Nuclear Regulation in exercise of powers contained in sections 1(1), 3 and 4 of the Nuclear Installations Act 1965;

• “NSL Site” means those parts of the Site in respect of which an NSL is in force from time to time and means the nuclear site licence, as amended from time to time, for the Site granted by the Secretary of State in exercise of powers under sections 1(1), 3 and 4 of the Nuclear Installations Act 1965 on 28th November 1997 to Magnox;

• “plans” includes sections, designs, design data, software, drawings, specifications, descriptions (including descriptions of methods of construction), method statements, soil reports, programmes, staging proposals and other supporting information that are reasonably necessary to properly and sufficiently describe the works to be executed;

• “Rights Land” means the NDA Rights Land and the Magnox Rights Land;

• “Site” means the NDA Site and the Magnox Site;

• “specified works” means so much of any of the authorised development as is situated upon, across, under, or over the Site and / or the Rights Land or that are near to, or will or may in any way adversely affect the installations; and

• “working days” has the same meaning as in article 2(1) (interpretation) of this Order.

Acquisition of Land and Installations

87

• (1) Despite any provision of this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not—

• (a) exercise any power to acquire any part of the Site, or any right, interest, or installations in the Site, or override any easement or other interest in the Site or extinguish any right or suspend any right of NDA and / or Magnox (as applicable) in the Site or impose any restrictions in the Site otherwise than by agreement with NDA and / or Magnox (as applicable) and—

• (i) only once the Designating Directions in respect of the relevant part of the NDA Site have been modified or revoked to the satisfaction of NDA by the Secretary of State in accordance with section 5 of the Energy Act 2004;

• (ii) subject to sub-paragraph (3), only once the NSL in respect of the relevant part of the NSL Site has been surrendered by Magnox or revoked by the Office for Nuclear Regulation; and

• (iii) where required by NDA and / or Magnox, the undertaker has first provided an alternative installation pursuant to this Part; and

• (iv) where required by NDA and /or Magnox, the undertaker has first provided an alternative, equivalent right, interest, easement or other interest pursuant to this Part,

to ensure the continued decommissioning of the NSL Site and the continued compliance by NDA and / or Magnox of their respective statutory requirements.

• (b) exercise any power to temporarily possess any order land located within the Site otherwise than by agreement with NDA and / or Magnox (as applicable).

• (2) Despite any provision of this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not exercise any power to acquire any installations in the Rights Land, or acquire any right or interest of NDA and/or Magnox (as applicable) in the Rights Land, or override any easement or other interest of NDA and / or Magnox (as applicable) in the Rights Land or extinguish any right or suspend any right of NDA and/or Magnox (as applicable) in the Rights Land otherwise than by agreement with NDA and / or Magnox (as applicable) and only:

• (a) where required by NDA and / or Magnox, the undertaker has first provided an alternative installation pursuant to this Part; and /or

• (b) where required by NDA and / or Magnox the undertaker has first provided an alternative, equivalent right, interest, easement or other interest pursuant to this Part,

to ensure the continued decommissioning of the NSL Site and the continued compliance by NDA and / or Magnox of their respective statutory requirements.

• (3) Where the undertaker and NDA and / or Magnox (as applicable) agree under this paragraph that any land interest in the NSL Site, or installations in the NSL Site, may be acquired by agreement at a time when the NSL remains in force, such acquisition may only take place after the consent of the Office for Nuclear Regulation has first been obtained by Magnox in accordance with the NSL.

Right of access

88

• (1) The undertaker must not stop up in whole or in part the access road or extinguish in whole or in part any right of NDA and / or Magnox (as applicable) along the access road unless and until:

• (a) an equivalent replacement access has been agreed by the undertaker and NDA and / or Magnox (as applicable) (such agreement not to be unreasonably withheld or delayed); and

• (b) such replacement access has been put in place to the reasonable satisfaction of NDA and / or Magnox (as applicable) and in accordance with all safety and emergency response requirements; and

• (c) NDA and / or Magnox (as applicable) has/have been granted the same rights in respect of the replacement access as NDA and / or Magnox (as applicable) enjoyed immediately before the stopping up or extinguishment of the access road.

• (2) The undertaker must ensure that a full right of access for all emergency, operational and user purposes is maintained at all times by means of the access road or replacement access as set out in sub-paragraph (1).

Removal of Installations and Execution of Specified Works

89

If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any installation is located or placed, that installation must not be removed under this Part or under any other statutory power, and any right of NDA and / or Magnox (as applicable) to use, access, maintain, or renew installations on, in or over that land must not be extinguished until either alternative installations have been constructed in accordance with paragraph 105 of this Part and are in operation to the reasonable satisfaction of NDA and / or Magnox (as applicable) or NDA and / or Magnox (as applicable) provides its written consent (such agreement not to be unreasonably withheld or delayed) to removal without alternative installations being required, constructed or in operation.

90

• (1) Not less than 56 working days before the intended removal of installations and construction of alternative installations or execution of specified works, the undertaker must supply to NDA and / or Magnox (as applicable) plans of the works to be executed for the reasonable approval of NDA and / or Magnox (as applicable) and the removal of installations, construction of alternative installations and / or the execution of specified works must not be commenced except in accordance with plans approved in writing by NDA and / or Magnox (as applicable) or settled by arbitration under article 84 (arbitration) of this Order.

• (2) The approval of NDA and / or Magnox (as applicable) must not be unreasonably withheld or delayed and NDA and / or Magnox (as applicable) must indicate its approval or disapproval of the plans submitted under sub-paragraph (1) within—

• (a) a period of 56 working days beginning with the day immediately following that on which the plans are received by NDA and / or Magnox (as applicable);

• (b) a period of 56 working days beginning with the day immediately following that on which the further information has been supplied in full by the undertaker following a request from NDA and / or Magnox (as applicable) under paragraph 91; or

• (c) such longer period than 56 working days in sub-paragraph (a) or (b) as may be agreed in writing by the undertaker and NDA and / or Magnox (as applicable) before the end of such 56 day period.

• (3) Any approval of NDA and / or Magnox (as applicable) under this paragraph may be provided subject to such requirements as NDA and / or Magnox (as applicable) considers reasonable.

• (4) The removal of installations, construction of alternative installations or the execution of specified works must be executed only in accordance with the plans submitted and approved by NDA and / or Magnox (as applicable) under this paragraph and in accordance with such reasonable requirements of NDA and / or Magnox (as applicable) and NDA and / or Magnox (as applicable) is entitled to watch and inspect the execution of those works, and the undertaker must supply NDA and / or Magnox (as applicable) with any additional information concerning such works as NDA or Magnox may reasonably require.

• (5) Where NDA and / or Magnox (as applicable) requires any protective works under sub-paragraph (3) to be carried out either by itself or by the undertaker (whether of a permanent or temporary nature), the protective works must be carried out to NDA and / or Magnox’s (as applicable) reasonable satisfaction prior to the carrying out of the specified works.

• (6) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 working days before commencing the execution of any works, new plans instead of the plans previously submitted, and having done so the provisions of this paragraph apply again in respect of the new plans.

91

• (1) Following receipt of plans under paragraph 90 of this Part, NDA and / or Magnox (as applicable) may request such reasonable further information from the undertaker as is necessary to enable it to consider the plans.

• (2) Any request under sub-paragraph (1) must be made within a period of 28 working days beginning with the day immediately following that on which the plans are received by NDA and / or Magnox (as applicable).

Expenses

92

Subject to paragraph 93 of this Part, the undertaker must pay to NDA and / or Magnox (as applicable) the proper and reasonable expenses reasonably incurred by NDA and / or Magnox (as applicable) in, or in connection with, the inspection, alteration or protection of any installations and approvals, provided NDA and / or Magnox (as applicable) has obtained the undertaker’s prior approval for any such expenditure (not to be unreasonably withheld or delayed).

93

NDA and / or Magnox (as applicable) is not required to seek the undertaker’s prior approval pursuant to paragraph 92 and 95 of this Part for expenditure required in the case of an emergency but in that case NDA and / or Magnox (as applicable) must give to the undertaker notice of any such expenditure as soon as is reasonably practicable.

94

In paragraph 93 of this Part “emergency” means works whose execution at the time when they are executed are required in order to put an end to or to prevent the occurrence of circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.

Indemnity

95

• (1) Subject to sub-paragraph (3), if by reason, or in consequence, of the construction, use, existence, operation or failure of any specified works or in consequence of the construction, use, existence, operation, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in any consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, any damage is caused to any installations or property of NDA and / or Magnox (as applicable), or to operations, or there is any interruption in any service provided to NDA and / or Magnox (as applicable) or by NDA and / or Magnox (as applicable), or in the supply of any goods to NDA and / or Magnox (as applicable) or by NDA and / or Magnox (as applicable) or NDA and / or Magnox (as applicable) becomes liable to pay any amount to any third party, the undertaker must—

• (a) subject to paragraph 93, bear and pay on demand the proper and reasonable costs reasonably and properly incurred by NDA and / or Magnox (as applicable) in making good such damage or restoring operations, services or supply provided NDA and / or Magnox (as applicable) has obtained the undertaker’s prior approval for any such costs incurred (not to be unreasonably withheld or delayed); and

• (b) indemnify NDA and / or Magnox (as applicable) for any other expenses, loss (whether direct or indirect and including losses of an economic nature), demands, proceedings, damages, claims penalty or costs incurred by or recovered from NDA and / or Magnox (as applicable) by reason or in consequence of any such damage or interruption or NDA and / or Magnox (as applicable) becoming so liable to any third party as aforesaid other than arising from any default of NDA and / or Magnox (as applicable).

• (2) The fact that any act or thing may have been done by either NDA or Magnox on behalf of the undertaker or in accordance with a plan approved by NDA and / or Magnox (as applicable) or in accordance with any requirement of NDA and / or Magnox (as applicable) or its supervision does not (subject to sub-paragraph (3)) excuse the undertaker from liability under sub-paragraph (1) unless NDA and / or Magnox (as applicable) fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan or as otherwise agreed between the undertaker and NDA and / or Magnox (as applicable) in writing.

• (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any loss, damage, injury or interruption to the extent that it is attributable to the neglect or default of either NDA or Magnox, its officers, servants, contractors or agents.

• (4) NDA and / or Magnox (as applicable) must give the undertaker reasonable written notice (being not less than 28 working days) of any claim or demand and, subject to sub-paragraph (5), NDA and / or Magnox (as applicable) may decide whether or not to pass conduct of any proceedings necessary to rest the claim or demand to the undertaker.

• (5) Where NDA and / or Magnox (as applicable) decides—

• (a) to retain conduct of any proceedings necessary to rest the claim or demand, NDA and / or Magnox (as applicable) must consult with the undertaker and have due regard to the undertakers’ representations as to how the proceedings are to be conducted and no settlement, admission of liability or compromise may be made without the consent of the undertaker (not to be unreasonably withheld or delayed);

• (b) to pass conduct of any proceedings necessary to rest the claim or demand to the undertaker, the undertaker must consult with NDA and / or Magnox (as applicable) and have due regard to NDA and / or Magnox’s representations (as applicable) as to how the proceedings are to be conducted and no settlement, admission of liability or compromise may be made without the consent of NDA and / or Magnox (as applicable) (not to be unreasonably withheld or delayed).

• (6) Neither NDA, Magnox nor the undertaker may make any public statement relating to any claim or demand or any settlement or compromise that may be made in respect of any claim or demand without the consent of NDA, Magnox or the undertaker (as applicable).

• (7) NDA and / or Magnox (as applicable) must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.

• (8) NDA and / or Magnox (as applicable) must use its reasonable endeavours to mitigate and to minimise any costs, expenses, losses, demands, and penalties to which the indemnity under this paragraph applies where it is within NDA and / or Magnox (as applicable)’s reasonable ability and control to do so and, if reasonably requested to do so by the undertaker, NDA and / or Magnox (as applicable) must provide an explanation of how the claim has been minimised, where relevant.

Enactments and agreements

96

Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and either NDA or Magnox (as applicable) in respect of any installations located at or providing access into the Site or Rights Land on the date on which this Order is made.

Co-operation

97

The undertaker must not exercise any power under this Order which would interfere with the ability for NDA and Magnox to facilitate the decommissioning and delicensing of the NSL Site, and fulfilment of any statutory requirements, unless otherwise agreed in writing between the NDA and / or Magnox (as applicable) and the undertaker.

Arbitration

98

Any dispute arising between the undertaker and NDA and / or Magnox (as applicable) under this Part of this Schedule must be referred to and settled by arbitration under article 84 (arbitration) unless otherwise agreed in writing between the undertaker and NDA and / or Magnox (as applicable).

Installation(s) plan

99

For the purpose of identifying the installations to which the provisions of this Part shall have effect, NDA and / or Magnox (as applicable) must supply plans identifying the location of any buildings, structures, cooling water infrastructure, services, pipelines and any other uses and apparatus belonging to or maintained by or used by NDA or Magnox, such plans to be updated and notified to the undertaker from time to time.

PART 9 — FOR THE PROTECTION OF EAST ANGLIA ONE NORTH LIMITED

Application

100

For the protection of EA1N the following provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and EA1N.

Interpretation

101

In this Part of this Schedule—

• “EA1N” means East Anglia ONE North Limited (company number 11121800);

• “EA1N Order Limits Interaction – Offshore Plan” means the document certified as such by the Secretary of State as such under article 82 (certification of plans, etc); and

• “EA1N Sizewell Gap Transport Interaction Plan” means the document certified as such by the Secretary of State as such under article 82 (certification of plans, etc).

Interaction at Sizewell Gap

102

The undertaker shall consult with EA1N in the formulation of the proposed method of working and timing of execution of—

• (a) works within the area labelled “transport area of interaction” and shaded orange on the EA1N Sizewell Gap Transport Interaction Plan (Drawing No. SZC-SZ0100-XX-000-DRW-100290); and

• (b) works which may affect the highway within the area labelled “transport area of interaction”,

prior to any works comprised within Work No. 1A or Work No. 1C commencing within the area labelled “transport area of interaction”.

Interaction at Snape Road

103

The undertaker shall consult with EA1N in the formulation of the proposed method of working and timing of execution of works within the area of Work No. 16, prior to Work No. 16 commencing.

Interaction at Friday Street

104

The undertaker shall consult with EA1N in the formulation of the proposed method of working and timing of execution of works within the highway comprised within Work Nos. 11A and 11B and any works which may affect the highway within Work Nos. 11A and 11B, prior to Work Nos. 11A and 11B commencing.

Sizewell C proposed intake infrastructure

105

• (1) Save for urgent reasons of vessel safety and subject to sub-paragraph (2), the undertaker shall not carry out any of the authorised development (including the placement temporary or otherwise of anchors or moorings) within the area labelled “Overlap of Sizewell C Order limits with East Anglia ONE North Order limits” and hatched purple on the EA1N Order Limits Interaction – Offshore Plan (Drawing No. SZC-SZ0100-XX-000-DRW-100288) without having first submitted to and secured approval from EA1N details of the proposed method of working within these areas (such approval not to be unreasonably withheld or delayed) and thereafter the undertaker shall implement the authorised project in full accordance with such approved details.

• (2) Nothing in this paragraph shall prevent the passage of vessels within the area specified in sub-paragraph (1) prior to the construction of any works within that location by EA1N at any time.

Acquisition of land

106

Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker must not, to the extent that the exercise of such powers relates to the carrying out of Work Nos. 1A, 1C, 11A, 11B or 16, acquire any land interest or rights or impose restrictive covenants over land belonging to EA1N and may not override or extinguish any easement and/or other rights or interests of EA1N otherwise than by agreement.

Arbitration

107

Any difference or dispute arising between EA1N and the undertaker must, unless otherwise agreed in writing between EA1N and the undertaker, be determined by arbitration in accordance with article 84 (arbitration) of the Order.

PART 10 — PROTECTION OF EAST ANGLIA TWO LIMITED

Application

108

For the protection of EA2 the following provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and EA2.

Interpretation

109

In this Part of this Schedule—

• “EA2” means East Anglia TWO Limited (company number 11121842);

• “EA2 Order Limits Interaction – Offshore Plan” means the document certified as such by the Secretary of State as such under article 82 (certification of plans, etc); and

• “EA2 Sizewell Gap Transport Interaction Plan” means the document certified as such by the Secretary of State as such under article 82 (certification of plans, etc).

Interaction at Sizewell Gap

110

The undertaker shall consult with EA2 in the formulation of the proposed method of working and timing of execution of—

• (a) works within the area labelled “transport area of interaction” and shaded orange on the EA2 Sizewell Gap Transport Interaction Plan (Drawing No. SZC-SZ0100-XX-000-DRW-100291); and

• (b) works which may affect the highway within the area labelled “transport area of interaction”,

prior to any works comprised within Work No. 1A or Work No. 1C commencing within the area labelled “transport area of interaction”.

Interaction at Snape Road

111

The undertaker shall consult with EA2 in the formulation of the proposed method of working and timing of execution of works within the area of Work No. 16, prior to Work No. 16 commencing.

Interaction at Friday Street

112

The undertaker shall consult with EA2 in the formulation of the proposed method of working and timing of execution of works within the highway comprised within Work Nos. 11A and 11B and any works which may affect the highway within Work Nos. 11A and 11B, prior to Work Nos. 11A and 11B commencing.

Sizewell C proposed intake infrastructure

113

• (1) Save for urgent reasons of vessel safety and subject to sub-paragraph (2), the undertaker shall not carry out any of the authorised development (including the placement temporary or otherwise of anchors or moorings) within the area labelled “Overlap of Sizewell C Order limits with East Anglia TWO Order limits” and hatched purple on the EA2 Order Limits Interaction – Offshore Plan (Drawing No. SZC-SZ0100-XX-000-DRW-100289) without having first submitted to and secured approval from EA2 details of the proposed method of working within these areas (such approval not to be unreasonably withheld or delayed) and thereafter the undertaker shall implement the authorised project in full accordance with such approved details.

• (2) Nothing in this paragraph shall prevent the passage of vessels within the area specified in sub-paragraph (1) prior to the construction of any works within that location by EA2 at any time.

Acquisition of land

114

Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker must not, to the extent that the exercise of such powers relates to the carrying out of Work Nos. 1A, 1C, 11A, 11B or 16, acquire any land interest or rights or impose restrictive covenants over land belonging to EA2 and may not override or extinguish any easement and/or other rights or interests of EA2 otherwise than by agreement.

Arbitration

115

Any difference or dispute arising between EA2 and the undertaker must, unless otherwise agreed in writing between EA2 and the undertaker, be determined by arbitration in accordance with article 84 (arbitration) of the Order.

SCHEDULE 20 — Limits of Harbour

The limits of the harbour within which the undertaker must exercise jurisdiction as the harbour authority and within which the powers of the harbour master are exercisable must be the area bounded by an imaginary line commencing at the shore north of the authorised development at 52°14’0’’, 1° 37’ 37’’, then extending in a straight line to a point at 52°14’0’’, 1° 41’ 0’’, then extending in a straight line to a point at 52° 12’ 0’’, 1° 41’ 0’’, then extending in a straight line due west to the coast to a point at 52° 12’ 0’’, 1° 37’ 20.8, then following the level of Highest Astronomical Tide (HAT) to the point at 52°14’0’’, 1° 37’ 37’’. Discrete lines of latitude and longitude have been chosen as these are easier for mariners to use in the absence of any suitable landmarks.

SCHEDULE 21 — Deemed Marine Licence under Part 4 (Marine Licensing) of the Marine and Coastal Access Act 2009

PART 1 — INTRODUCTION

Interpretation

1

In this licence—

• “the 2009 Act” means the Marine and Coastal Access Act 2009;

• “ANMP” means the Aids to Navigation Management Plan;

• “BLF” means Beach Landing Facility;

• “business day” means a day other than a Saturday or a Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971;

• “business hours” means the period from 09:00 until 17:00 on any business day;

• “capital dredging” means an activity which comprises the excavation of the seabed, in an area or down to a level (relative to Ordnance Datum) not previously dredged during the preceding 10 years, and “capital dredge” is to be construed accordingly;

• “Close Out” means the requirements as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) as amended, updated or superseded from time to time;

• “CDO” means the Combined Drainage Outfall;

• “commence” means beginning to carry out any licensed activity or any phase of licensed activity and “commenced” and “commencement” are to be construed accordingly;

• “condition” means a condition under Part 3 of this licence;

• “CPMMP (marine)” means the Coastal Processes Monitoring and Mitigation Plan;

• “Draft Coastal Processes Monitoring and Mitigation Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

• “Draft Fish Impingement and Entrainment Monitoring Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

• “Draft Marine Mammal Mitigation Protocol” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

• “Draft Sabellaria Reef Management and Monitoring Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

• “Draft Site Integrity Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

• “environmental information” means the Environmental Statement and any “further information” as defined in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 relating to the application for development consent in respect of the marine works;

• “Environmental Statement” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

• “FIEMP” means the Fish Impingement and Entrainment Monitoring Plan;

• “FLCP” means the Fisheries Liaison and Co-existence Plan;

• “Forward Look” means the requirements as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) as amended, updated or superseded from time to time;

• “FRR” means the Fish Recovery and Return System;

• “HCDF” means Hard Coastal Defence Feature;

• “IMO” means the International Maritime Organisation;

• “JNCC” means the Joint Nature Conservation Committee;

• “LAT” means Lowest Astronomical Tide;

• “licensable marine activities” means any activity licensable under section 66 of the 2009 Act including those set out in paragraph 4;

• “licensed activity” means any activity authorised in Part 2 of this licence and “licensed activities” shall be construed accordingly;

• “licence return” means returns linked to the specific conditions within this licence on MCMS;

• “LiDAR” means light detection and ranging;

• “LVSE” means Low Velocity, Side-Entry;

• “maintain” includes inspect, repair, adjust, alter, clear, refurbish, remove or reconstruct, replace and improve provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental information and any derivation of “maintain” is to be construed accordingly;

• “MAP” means the Maintenance Activities Plan;

• “Marine Noise Registry” means the database developed and maintained by JNCC on behalf of the Department for Food and Rural Affairs to record the spatial and temporal distribution of impulsive noise generating activities in UK seas;

• “maintenance dredge” means any activity which comprises the removal of recently-accumulated sediments such as mud, sand and gravel in order to keep channels, berths and other areas at their designed depths and which takes place in circumstances where— the level of the seabed to be restored by the dredging is not lower than it has been at any time during the past 10 years; and there is evidence that dredging has previously been undertaken to that level (or lower) during that period;

• “Marine Noise Registry” means the database developed and maintained by JNCC on behalf of the Department for Food and Rural Affairs to record the spatial and temporal distribution of impulsive noise generating activities in UK seas;

• “marker buoy” means any floating device used for marker or navigation purposes, including LiDAR buoys and wave buoys;

• “MAWSI” means marine archaeological written scheme of investigation;

• “MCA” means the Maritime and Coastguard Agency, being the executive agency of the Department for Transport which is the body responsible for implementing British and international maritime law and safety policy;

• “MCMS” means MMO’s online system for submission of marine licence applications and management of consented marine licences, including the submission of condition returns;

• “MEMP” means Marine Environmental Monitoring Plan;

• “MHWS” means the highest level which spring tides reach on average over a period of time;

• “MMMP” means Marine Mammal Mitigation Protocol;

• “MMO” means Marine Management Organisation;

• “Notice to Mariners” means a notice issued by the undertaker to mariners to inform them of issues that affect the safety of navigation;

• “Order” means the Sizewell C (Nuclear Generating Station) Order 2022;

• “OSPAR” means the Convention for the Protection of the Marine Environment of the North-East Atlantic;

• “Outline Vessel Management Plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc.) of the Order;

• “PWWC” means the Passive Wedge-Wire Cylinder;

• “SCDF” means the Soft Coastal Defence Feature;

• “SIP” means the Site Integrity Plan;

• “SMP” means Smelt Monitoring and Mitigation Plan;

• “SRMMP” means Sabellaria Reef Management and Monitoring Plan;

• “SSP” means Sediment Sampling Plan;

• “TBM” means tunnel boring machine;

• “TMBIF” means Temporary Marine Bulk Import Facility;

• “Trinity House” means the Corporation of Trinity House of Deptford Strond;

• “undertaker” means NNB Generation Company (SZC) Limited (company number 09284825) or any person who has the benefit of the Order in respect of any of the licenced activities in accordance with articles 8 (benefit of Order) and 9 (consent to transfer benefit of the Order) of the Order;

• “VMP” means the Vessel Management Plan;

• “Work No. 1A(aa)” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the TMBIF;

• “Work No. 1A(l)” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the permanent BLF;

• “Work No. 1A(m)” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the SCDF;

• “Work No. 2A” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the intake tunnel for Unit 1;

• “Work No. 2B” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the two intake heads for Unit 1 including vertical shafts;

• “Work No. 2C” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the intake tunnel for Unit 2;

• “Work No. 2D” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the two intake heads for Unit 2 including vertical shafts;

• “Work No. 2E” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the outfall tunnel common to both Unit 1 and Unit 2;

• “Work No. 2F” means the Work with this reference in Schedule 1 (Authorised Development) of the Order, being the two outfall heads including vertical shafts common to both Unit 1 and Unit 2;

• “Work Nos. 2G and 2H” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the fish return tunnel and associated outfall head for Unit 1;

• “Work Nos. 2I and 2J” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the fish return tunnel and associated outfall head for Unit 2;

• “Work Nos. 2K and 2L” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the CDO tunnel and associated head structure and shaft;

• “Work Nos. 2M and 2N” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the temporary desalination plant intake tunnel and associated head structure and shaft; and

• “Work Nos. 2O and 2P” means the Works with this reference in Schedule 1 (Authorised Development) of the Order, being the temporary desalination plant outfall tunnel and associated diffusers and shaft.

Addresses

2

• (1) Unless otherwise advised in writing by the MMO, the address for postal correspondence with the MMO for the purposes of this licence is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH, telephone 0300 123 1032 and, unless otherwise advised in writing, where contact to the local MMO office is required, the following contact details must be used: Marine Management Organisation, Pakefield Road, Lowestoft, Suffolk NR33 0HT, telephone 01502 573 149.

• (2) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is marine.consents@marinemanagement.org.uk or where contact to the local MMO office is required is lowestoft@marinemanagement.org.uk.

• (3) Unless otherwise advised in writing by the MMO, MCMS must be used for all licence returns or applications to vary this licence. The MCMS address is: https://marinelicensing.marinemanagement.org.uk/mmofox5/fox/live/MMO_LOGIN/login.

• (4) Unless otherwise advised in writing by Trinity House, the primary point of contact and address for returns and correspondence with Trinity House for the purposes of this licence is Trinity House, Tower Hill, London EC3N 4DH, telephone 020 7481 6900.

• (5) Unless otherwise advised in writing by the MCA, the address for electronic communication with the MCA for the purposes of this licence is navigationsafety@mcga.gov.uk.

• (6) Unless otherwise advised in writing by the Hydrographic Office, the address for electronic communication with the Hydrographic Office for the purposes of this licence is sdr@ukho.gov.uk.

• (7) Unless otherwise advised in writing by the Kingfisher Information Service of Seafish, the address for electronic communication with the Kingfisher Information Service of Seafish for the purposes of this licence is kingfisher@seafish.co.uk.

• (8) Unless otherwise advised by the recipient in writing, all notifications required by this licence must be made in writing.

PART 2 — LICENSED ACTIVITIES - GENERAL

3

The provisions of section 72 of the 2009 Act apply to this licence.

4

• (1) Subject to the licence conditions in Part 3 of this licence, this licence authorises the undertaker to carry out any licensable marine activities under section 66(1) of the 2009 Act which—

• (a) are not exempt from requiring a marine licence by virtue of any provision made under section 74 of the 2009 Act; and

• (b) do not give rise to any materially new or materially different environmental effects to those assessed in the environmental information.

• (2) Such activities (referred to in paragraph 4(1)) are authorised in relation to the construction, maintenance and operation of—

• (a) Work No. 1A(l) — a permanent BLF comprising—

• (i) up to 24no supporting piles (16no below MHWS) of up to 1.0m diameter;

• (ii) a deck up to 100m long and 12m wide with removable deck panels;

• (iii) 2no fender piles and 2no mooring dolphins of up to 2.5m diameter;

• (iv) removable road bed sections to span between the supporting piles;

• (v) berthing mattress, comprising pre-cast concrete pads connected together with metal wire (or similar) and pinned to the seabed with up to 25 small bore piles to form a berthing area of up to 100m long by 30m wide;

• (vi) surface and navigational lighting;

• (vii) capital dredge, not exceeding 4,600m³, for installation of berthing mattress within coordinates listed in Part 4 (Table 2);

• (viii) capital dredge, not exceeding 4,600m³, for navigation channel within coordinates listed in Part 4 (Table 2);

• (ix) maintenance dredge of berthing mattress, not exceeding 460m³ per month, within coordinates listed in Part 4 (Table 2); and

• (x) maintenance dredge, not exceeding 460m³ per month, of navigation channel within coordinates listed in Part 4 (Table 2) for occasional deliveries during construction of the power station;

• (xi) removal of the berthing mattress;

• (xii) maintenance dredge of berth bed and navigation channel, not exceeding 9,255m³ every 5 years, within coordinates listed in Part 4 (Table 2) for occasional deliveries during operation of the power station; and,

• (xiii) maintenance dredge of navigation channel, not exceeding 925m³ per week during use of the BLF, within coordinates listed in Part 4 (Table 2) for occasional deliveries during operation of the power station.

• (b) Work No. 1A(aa) — a TMBIF comprising—

• (i) a pier with up to 80no supporting piles (68no below MHWS) of up to 1.2m diameter supporting a covered conveyor and access road up to 468m long and 12m wide;

• (ii) a head with 24no vertical piles and 6no raking piles of up to 1.2m diameter, aggregates conveyor head, service deck and welfare facilities, combined area up to 40m long and 2m wide;

• (iii) 2no fender piles and 2no mooring dolphins of up to 2.6m diameter;

• (iv) surface and navigational lighting; and

• (v) removal of the TMBIF prior to operation of Sizewell C.

• (c) Work No 1A(m) – a SCDF comprising—

• (i) the initial placement of sacrificial sediments comprising sand and shingle not in exceedance of 120,000m³;

• (ii) replacement of sacrificial sediments with similar sand and shingle, or by-pass (movement of accreted sediment alongshore past obstructions), as defined in the CPMMP (marine) but not to exceed 570.000m³ over the duration of this licence; and

• (iii) supporting vessel and vehicle movements to deliver, by-pass and/or landscape the material;

• (d) Work No. 2A – a Cooling Water Intake Tunnel (Unit 1) comprising—

• (i) tunnel, drilled by a TBM, of an internal diameter of up to 6m and a length up to 3.5km and up to 35m below the seabed at its lowest point; and

• (ii) disposal of the TBM at a sealed point beyond the end of the intake tunnel following removal of most parts and oils;

• (e) Work No. 2B – Cooling Water LVSE Intake Heads and Shaft (Unit 1) comprising—

• (i) capital dredging, not exceeding 17,400m³ at each location, within the coordinates listed in Part 4 (Table 3) to prepare the site for construction;

• (ii) disposal of dredged material locally, within 500m from the dredge site at a suitable location within the “Sizewell C” disposal site presented in Part 4 (Table 10);

• (iii) two concrete LVSE intake heads, of up to 57m long x 20m wide x 10m high and spaced between 100m and 200m apart, each connecting to a vertical shaft;

• (iv) placement of gravel bed, backfill and anti-scour material, not exceeding 7,000m³, at the base of each LVSE intake head structure;

• (v) two vertical shafts, with concrete linings, of up to 4.6m internal diameter and up to 20m deep linking the intake heads to the intake tunnel;

• (vi) placement of navigational marker buoys;

• (vii) disposal of drilled material from installation of the shafts, not exceeding 1,508m³, at a suitable location within the “Sizewell C” disposal site presented in Part 4 (Table 10); and

• (viii) additional supporting works including the use of a jack-up vessel, auxiliary vessels and temporary marker buoys;

• (f) Work No. 2C – a Cooling Water Intake Tunnel (Unit 2) comprising—

• (i) tunnel, drilled by a TBM of an internal diameter of 6m and a length of up to 3.5km and up to 35m below the seabed at its lowest point; and

• (ii) disposal of the TBM at a sealed point beyond the end of the intake tunnel following removal of most parts and oils;

• (g) Work No. 2D – Cooling Water LVSE Intake Heads and Shaft (Unit 2) comprising—

• (i) capital dredging, not exceeding 17,400m³ at each location, within the coordinates listed in Part 4 (Table 4) to prepare the site for construction;

• (ii) disposal of dredged material locally, within 500m from the dredge site at a suitable location within the “Sizewell C” disposal site presented in Part 4 (Table 10);

• (iii) two concrete LVSE intake heads, of up to 57m long x 20 m wide x 10m high and spaced between 100m to 200m apart, each connecting to a vertical shaft;

• (iv) placement of gravel bed, backfill and anti-scour material, not exceeding 7,000m³, at the base of each intake head structure;

• (v) two vertical shafts, with concrete linings, of up to 4.6m internal diameter and up to 20m deep linking the intake heads to the intake tunnel;

• (vi) placement of navigational marker buoys;

• (vii) disposal of drilled material from installation of the shafts, not exceeding 1,508m³, at a suitable location within the area presented in Part 4 (Table 10); and

• (viii) additional supporting works including the use of a jack-up vessel, auxiliary vessels and temporary marker buoys;

• (h) Work No. 2E – a Cooling Water Outfall Tunnel (common to Units 1 and 2) comprising—

• (i) tunnel, drilled by a TBM, of an internal diameter of 8m and length up to 3.5km and up to 35m below the seabed at its lowest point; and

• (ii) disposal of the TBM at a sealed point beyond the end of the intake tunnel following removal of most parts and oils;

• (i) Work No. 2F – a Cooling Water Outfall Head and Shaft (common to Units 1 and 2) comprising—

• (i) capital dredging, not exceeding 11,750m³ at each location, within the coordinates listed in Part 4 (Table 5) to prepare the site for construction;

• (ii) disposal of dredged material locally, within 500m from the dredge site at a suitable location within the “Sizewell C” disposal site presented in Part 4 (Table 10);

• (iii) two concrete outfall heads of up to 18m long x 18m wide x 10m high and spaced up to 100m apart, each connecting to a vertical shaft;

• (iv) placement of gravel bed backfill and anti-scour material, not exceeding 8,000m³, at the base of each outfall head structure;

• (v) two vertical shafts, with concrete linings, of up to 4.6m internal diameter up to 15m depth linking the outfall heads to the intake tunnel;

• (vi) placement of navigational marker buoys;

• (vii) disposal of drilled material from installation of the shafts, not exceeding 1,980m³, at a suitable location within the area presented in Part 4 (Table 10); and

• (viii) additional supporting works including the use of a jack-up vessel, auxiliary vessels and temporary marker buoys;

• (j) Work Nos. 2G and 2H – a Fish Return Tunnel and Outfall Head (Unit 1) comprising—

• (i) directional drilled tunnel under the shore of up to 0.8m internal diameter emerging below LAT;

• (ii) capital dredging, not exceeding 1,845m³, within the coordinates listed in Part 4 (Table 6) to prepare the site for construction;

• (iii) disposal of dredged material within the “Sizewell C” disposal site presented in Part 4 (Table 10);

• (iv) a concrete head structure up to 3m long x 3m wide x 3m high;

• (v) placement of backfill and anti-scour material, not exceeding 200m³, around the base of the outfall head; and

• (vi) additional supporting works including the use of a jack-up vessel;

• (k) Work Nos. 2I and 2J – a Fish Return Tunnel and Outfall Head (Unit 2) comprising—

• (i) directional drilled tunnel under the shore of 0.8m internal diameter emerging below LAT;

• (ii) capital dredging, not exceeding 1,845m³, within the coordinates listed in Part 4 (Table 7) to prepare the site for construction;

• (iii) disposal of dredged material within the “Sizewell C” disposal site presented in Part 4 (Table 10);

• (iv) a concrete head structure up to 3m long x 3m wide x 3m high;

• (v) placement of backfill and anti-scour material, not exceeding 200m³, around the base of the outfall head; and

• (vi) additional supporting works including the use of a jack-up vessel;

• (l) Work No. 2K and 2L – a CDO comprising—

• (i) directional drilled tunnel under the shore of up to 0.65m internal diameter emerging below LAT;

• (ii) capital dredging, not exceeding 1,845m³, within the coordinates listed in Part 4 (Table 8) to prepare the site for construction;

• (iii) disposal of dredged material within the “Sizewell C” disposal site presented in Part 4 (Table 10);

• (iv) a concrete head structure up to 3m long x 3m wide x 3m high;

• (v) placement of backfill and anti-scour material, not exceeding 200m3, around the base of the outfall head; and

• (vi) additional supporting works including the use of a jack-up vessel;

• (m) Works No. 2M and 2N – Temporary Desalination Plant intake tunnel and headworks comprising—

• (i) directional drilled intake tunnel under the shore of up to 0.40m internal diameter emerging up to 500m seaward of the temporary HCDF;

• (ii) capital dredging, not exceeding 1,845m³, within the coordinates listed in Part 4 (Table 9) to prepare the site for construction;

• (iii) disposal of dredged material within the “Sizewell C” disposal site presented in Part 4 (Table 10);

• (iv) steel and concrete head structure of up to 3m long x 3m wide x 3.5m high;

• (v) PWWC intake screen of up to 60cm in diameter and 1.6m in length, with a mesh size of up to 2mm;

• (vi) vertical shaft connecting the intake head and intake tunnel;

• (vii) placement of anti-scour mats, not exceeding 48m², around the base of the intake heads;

• (viii) removal of the headworks, anti-scour mats and tunnel (including capping and grouting) before hot functional commissioning testing commences; and

• (ix) additional supporting works including the use of a jack-up vessel;

• (n) Works No. 2O and 2P – Temporary Desalination Plant outfall tunnel and headworks comprising—

• (i) directional drilled outfall tunnel under the shore of up to 0.40m internal diameter emerging up to 400m seaward of the temporary HCDF;

• (ii) capital dredging, not exceeding 1,845m3, within the coordinates listed in Part 4 (Table 9) to prepare the site for construction;

• (iii) disposal of dredged material within the “Sizewell C” disposal site presented in Part 4 (Table 10);

• (iv) concrete head structure of up to 3m long x 3m wide x 3.5m high with associated diffuser;

• (v) vertical shaft connecting the outfall head and outfall tunnel;

• (vi) placement of anti-scour material around the base of the outfall heads;

• (vii) removal of the headworks, anti-scour mats and tunnel (including capping and grouting) before hot functional commissioning testing commences; and

• (viii) additional supporting works including the use of a jack-up vessel;

• (o) collection of sediment samples from areas to be dredged for analysis of any contaminants to comply with disposal requirements; and

• (p) disposal of capital dredge material and drill arisings at licensed disposal site “Sizewell C”, comprising;

• (i) dredged material, not exceeding a combined total of 98,635m³ from licensed activities 2B, 2D, 2F and 2G to 2P, to be deposited within the coordinates listed in Part 4 (Table 10); and

• (ii) drill arisings, not exceeding a combined total of 4,924m³ from licensed activities 2B, 2D and 2F, to be deposited within the coordinates listed in Part 4 (Table 10).

5

The licensed activities must be carried out in either the area bounded by the coordinates set out in Part 4 (Table 1) or, in relation to the disposal of capital dredge material and drill arisings (pursuant to paragraph 4(2)(p)) only, in the area bounded by the coordinates set out in Part 4 (Table 10), each defined in accordance with reference system World Geodetic System 1984 (WGS84).

PART 3 — CONDITIONS

General

6

• (1) Should the undertaker become aware that any of the information on which the granting of this licence was based was false or misleading in any material particular the undertaker must explain in writing to the MMO of this fact in writing as soon as is reasonably practicable. The undertaker must explain in writing what information was materially false or misleading and must provide to the MMO the correct information.

• (2) With respect to any condition which requires the licensed activities to be carried out in accordance with the plans, protocols or statements approved under this licence, the plans, protocols or statements so approved are taken to include amendments that may be approved in writing by the MMO subsequent to the first approval of those plans, protocols or statements provided it has been demonstrated to the satisfaction of the MMO that the subject matter of the relevant amendments do not give rise to any materially new or materially different environmental effects to those assessed in the environmental information.

• (3) Any oil, fuel or chemical spill within the marine environment must be reported to the MMO Marine Pollution Response Team as soon as reasonably practicable, but in any event within 12 hours of being identified in accordance with the following, unless otherwise advised in writing by the MMO—

• (a) within business hours on any business days: 0300 200 2024;

• (b) any other time 07770 977 825; or

• (c) at all times if other numbers are unavailable: 0845 051 8486 or dispersants@marinemanagement.org.uk

Pre-construction

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• (1) No licensed activity must commence until a detailed and up-to-date programme of works has been submitted to and approved by the MMO in writing. The programme of works must include—

• (a) a planned timetable for each activity as outlined in paragraphs 4 and 5 of Part 2 of this licence;

• (b) timings for mobilisation of construction plant and for delivery of materials by sea;

• (c) a plan for notifying the MMO of the commencement and cessation of activities and phases of activities; and

• (d) a plan for notifying the MMO of changes to the programme.