The Hornsea Four Offshore Wind Farm Order 2023

• (b) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction, operation or maintenance of the authorised works or dealing with any failure of the authorised works.

• (2) For the avoidance of doubt, in sub–paragraph (1)—

• “costs” includes—expenses and charges;staff costs and overheads;legal costs;

• “losses” includes physical damage.

• (3) The undertaker shall indemnify the Agency against all liabilities, claims and demands arising out of or in connection with the authorised works or otherwise out of the matters referred to in sub-paragraph (1)(a) and (1)(b).

• (4) For the avoidance of doubt, in sub–paragraph (3)—

• “claims” and “demands” include as applicable—costs (within the meaning of sub–paragraph (2)) incurred in connection with any claim or demand; andany interest element of sums claimed or demanded;

• “liabilities” includes—contractual liabilities;tortious liabilities (including liabilities for negligence or nuisance);liabilities to pay statutory compensation or for breach of statutory duty;liabilities to pay statutory penalties imposed on the basis of strict liability (but does not include liabilities to pay other statutory penalties).

• (5) The Agency must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise shall be made without the agreement of the undertaker which agreement shall not be unreasonably withheld or delayed.

• (6) The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the undertaker from any liability under the provisions of this Part.

11

Any dispute arising between the undertaker and the Agency under this Part shall, if the parties agree, be determined by arbitration under article 39 (arbitration), but shall otherwise be determined by the Secretary of State for Environment, Food and Rural Affairs or its successor and the Secretary of State for Energy Security and Net Zero or its successor acting jointly on a reference to them by the undertaker or the Agency, after notice in writing by one to the other.

PART 6 — FOR THE PROTECTION OF DRAINAGE AUTHORITIES

1

The provisions of this Part have effect for the protection of the drainage authority unless otherwise agreed in writing between the undertaker and the drainage authority.

2

In this Part of this Schedule—

• “construction” includes execution, placing, altering, replacing, relaying and removal and excavation and “construct” and “constructed” is to be construed accordingly;

• “drainage authority” means in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991[^f00054];

• “drainage work” means any ordinary watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence in connection with an ordinary watercourse which is the responsibility of the drainage authority;

• “independent review” means a review carried out by a third party confirming the findings of the undertaker in the assessment of the impact of the proposed specified work on flood risk;

• “ordinary watercourse” has the meaning given by section 72 (interpretation) of the Land Drainage Act 1991;

• “plans” includes any information reasonably required by the drainage authority including location details, grid references, sections, drawings, specifications, assessments and method statements; and

• “specified work” means so much of any work or operation authorised by this Order as is in, on, under over or within 9 metres of a drainage work and which comprises any of the following works carried out in relation to or which may affect any ordinary watercourse—the erection of any mill, dam, weir, or other similar obstruction to the flow of an ordinary watercourse, or raising or otherwise altering any such obstruction;the construction or installation of a bridge or other structure;the erection of a culvert in an ordinary watercourse;the alteration of an ordinary watercourse or a culvert or other form of drainage infrastructure in a manner that would be likely to affect the flow of an ordinary watercourse;the introduction by means of any channel, siphon, pipeline or sluice or by any other means whatsoever of any water into any ordinary watercourse within the Order limits so as to directly or indirectly increase the flow or volume of water in any ordinary watercourse within the Order limits without the previous consent of the drainage authority;any work likely to obstruct flow or adversely affect the integrity of any embankment, wall or enclosing structure containing an ordinary watercourse.

3

• (1) Before commencing construction of a specified work, the undertaker must submit to the drainage authority plans of the specified work, including an independent review and such further particulars available to it as the drainage authority may within 14 days of the submission of the plans reasonably request.

• (2) The undertaker must not commence construction of the specified work until approval, unconditionally or conditionally, has been given as provided in this paragraph.

• (3) A specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 12.

• (4) Any approval of the drainage authority required under this paragraph—

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

• (b) is deemed to have been given if it is neither given nor refused within 56 days of the submission of the plans for approval, or submission of further particulars (where required by the drainage authority under sub–paragraph (1)) whichever is the later; and

• (c) may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work, for the protection of any ordinary watercourse or for the prevention of flooding.

• (5) Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal.

4

Without limiting paragraph 3, the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

• (a) to safeguard any drainage work against damage by reason of any specified work; or

• (b) to secure that the efficiency of any drainage work for flood defence and land drainage purposes is not impaired, and that the risk of flooding is not otherwise increased, by reason of any specified work.

5

• (1) Subject to sub–paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 4, must be constructed—

• (a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and

• (b) to the reasonable satisfaction of the drainage authority, and an officer of the drainage authority is entitled to watch and inspect the construction of such works.

• (2) The undertaker must give to the drainage authority—

• (a) not less than 14 days’ notice in writing of its intention to commence construction of any specified work; and

• (b) notice in writing of its completion not later than 7 days after the date of completion.

• (3) If the drainage authority reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work to which the protective works relate.

• (4) If any part of a specified work or any protective work required by the drainage authority is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the drainage authority may by notice in writing require the undertaker at the undertaker’s expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is agreed, to restore the site to its former condition to such extent and within such limits as the drainage authority reasonably requires.

• (5) Subject to sub–paragraph (6) and paragraphs 9 and 10, if within a reasonable period, being not less than 28 days from the date when a notice under sub–paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice and any reasonable expenditure incurred by it in so doing is recoverable from the undertaker.

• (6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in an emergency exercise the powers conferred by sub–paragraph (5) until the dispute has been finally determined in accordance with paragraph 12.

6

• (1) Subject to sub–paragraph (5), the undertaker must from the commencement of the construction of the specified work maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation on land held by the undertaker for the purpose of or in connection with the specified work, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

• (2) If any drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the drainage authority, the drainage authority may by notice in writing require the undertaker to repair and restore the work, or any part of the work, or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the specified work and restore the site to its former condition, to such extent and within such limits as the drainage authority reasonably requires.

• (3) Subject to sub–paragraph (4) and paragraphs 9 and 10, if, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub–paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is reasonably necessary for such compliance and may recover any reasonable expenditure reasonably incurred by it in so doing from the undertaker.

• (4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub–paragraph (2), the drainage authority must not except in a case of emergency exercise the powers conferred by sub–paragraph (3) until the dispute has been finally determined in accordance with paragraph 12.

• (5) This paragraph does not apply to—

• (a) drainage works which are vested in the drainage authority, or which the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and

• (b) any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule provided that any obstruction is removed as soon as reasonably practicable.

7

Subject to paragraphs 9 and 10 and paragraph 6(5)(b), if by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes or land drainage is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker any expenditure incurred by the drainage authority in so doing from the undertaker.

8

If by reason of the construction of the specified work the drainage authority’s access to flood defences or equipment maintained for flood defence purposes is materially obstructed, the undertaker must provide such alternative means of access that will allow the drainage authority to maintain the flood defence or use the equipment no less effectively than was possible before the obstruction within 24 hours of the undertaker becoming aware of such obstruction.

9

The undertaker must make reasonable compensation for costs, charges and expenses which the drainage authority may reasonably incur—

• (a) in the examination or approval of plans under this Part of this Schedule;

• (b) in the inspection of the construction of the specified works or any protective works required by the drainage authority under this Part of this Schedule; and

• (c) in the carrying out of any surveys or tests by the drainage authority which are reasonably required in connection with the construction of the specified works.

10

• (1) The undertaker must make reasonable compensation for costs and losses which may be reasonably incurred or suffered by the drainage authority by reason of—

• (a) the construction of any specified work comprised within the authorised works; or

• (b) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction of the specified works.

• (2) In sub–paragraph (1)—

• “costs” includes—expenses and charges;staff costs and overheads; andlegal costs; and

• “losses” includes physical damage.

• (3) The undertaker must make reasonable compensation for liabilities, claims and demands against the drainage authority arising out of or in connection with the specified works or otherwise out of the matters referred to in sub–paragraphs (1)(a) and (1)(b).

• (4) In sub–paragraph (3)—

• “claims” and “demands” include as applicable—costs (within the meaning of sub–paragraph (2)) incurred in connection with any claim or demand; andany interest element of sums claimed or demanded; and

• “liabilities” includes—contractual liabilities;tortious liabilities (including liabilities for negligence or nuisance);liabilities to pay statutory compensation or for breach of statutory duty; andliabilities to pay statutory penalties imposed on the basis of strict liability (but does not include liabilities to pay other statutory penalties).

• (5) The drainage authority must give to the undertaker notice of any such claim or demand.

• (6) The undertaker may at its own expense conduct all negotiations for the settlement of the same and any litigation that may arise therefrom.

• (7) The drainage authority must not compromise or settle any such claim or make any admission which might be prejudicial to the claim without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

• (8) The drainage authority must, at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss.

• (9) The drainage authority must, at the request of the undertaker, afford all reasonable assistance for the purpose of contesting any such claim or action and is entitled to be repaid its reasonable expenses reasonably incurred in so doing.

11

The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part of this Schedule.

12

Any dispute arising between the undertaker and the drainage authority under this Part of this Schedule, if the parties agree, is to be determined by arbitration under article 39 (arbitration), but otherwise is to be determined by the Secretary of State for Energy Security and Net Zero on a reference to them by the undertaker or the drainage authority, after notice in writing by one to the other.

PART 7 — FOR THE PROTECTION OF DOGGERBANK OFFSHORE WIND FARM PROJECT 1 PROJCO LIMITED AND DOGGERBANK OFFSHORE WIND FARM PROJECT 2 PROJCO LIMITED

1

For the protection of Doggerbank Offshore Wind Farm Project 1 Projco Limited (Company No. 07791991) and Doggerbank Offshore Wind Farm Project 2 Projco Limited (Company No. 07914510) as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and Dogger Bank.

2

Part 1 of Schedule 9 shall not apply in respect of the interaction between the Hornsea Four authorised development and the Dogger Bank authorised development.

3

In this Part of this Schedule—

• “acceptable insurance” means a third party liability insurance effected and maintained by the undertaker to a level of not less than £50,000,000.00 (fifty million pounds) (or such lower amount as may be agreed by Dogger Bank) per occurrence or series of occurrences arising out of one event. Such insurance shall be maintained for the construction period of the authorised development which constitute specified works and arranged with an internationally recognised insurer of repute operating in the London and worldwide insurance market underwriters whose security/credit rating meets the same requirements as an “acceptable credit provider”, such policy shall include (but without limitation)—Dogger Bank as a Co-Insured;a cross liabilities clause; andcontractors’ pollution liability for third party property damage and third party bodily damage arising from a pollution/contamination event with cover of £10,000,000.00 (ten million pounds) per event or £20,000,000.00 (twenty million pounds) in aggregate;

• “Dogger Bank” means Doggerbank Offshore Wind Farm Project 1 Projco Limited (Company No. 07791991) and Doggerbank Offshore Wind Farm Project 2 Projco Limited (Company No. 07914510) whose registered office is at No.1 Forbury Place, 43 Forbury Road, Reading, United Kingdom, RG1 3JH;

• “the Dogger Bank authorised development” means the onshore development authorised by the Dogger Bank Order;

• “Dogger Bank limits of deviation” means the areas of the Dogger Bank Order land in respect of which the Dogger Bank authorised development may be constructed, in accordance with article 3(2) of the Dogger Bank Order;

• “the Dogger Bank Order” means the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (as amended)[^f00055];

• “the Dogger Bank Order land” means the land or any part of it shown as falling within the Dogger Bank Order limits;

• “ground mitigation scheme” means a scheme approved by Dogger Bank (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

• “ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the Dogger Bank authorised development which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, shall require the undertaker to submit for Dogger Bank’s approval a ground mitigation scheme;

• “ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme; and

• “the Hornsea Four authorised development” means the development authorised by this Order;

• “the respective authorised developments” means the Dogger Bank authorised development and the Hornsea Four authorised development;

• “specified works” means the carrying out of any of the authorised development over, under or within 15 metres of the Dogger Bank authorised development or in the event that the Dogger Bank authorised development has not been constructed within the Dogger Bank limits of deviation.

Regulation of powers over the Hornsea Four Order land

4

• (1) The undertaker may not exercise the powers under any of the articles of the Order specified in sub-paragraph (2) over or in respect of the Dogger Bank limits of deviation otherwise than with the prior written consent of Dogger Bank.

• (2) The articles referred to in sub-paragraph (1) are—

• (a) article 8 (street works);

• (b) article 10 (temporary closure and restriction of streets and public rights of way) ;

• (c) article 11 ( closure and diversion of public rights of way and access land);

• (d) article 12 (access to works);

• (e) article 14 (power to alter layout etc. of streets);

• (f) article 15 (discharge of water);

• (g) article 17 (authority to survey and investigate the land onshore);

• (h) article 18 (compulsory acquisition of land);

• (i) article 19 (compulsory acquisition of land: minerals);

• (j) article 21 (compulsory acquisition of rights etc. );

• (k) article 22 (private rights);

• (l) article 24 (statutory authority to override easements and other rights);

• (m) article 25 (acquisition of subsoil only);

• (n) article 27 (rights under or over streets);

• (o) article 28 (temporary use of land for carrying out the authorised project);

• (p) article 29 (temporary use of land for maintaining the authorised project);

• (q) article 30 (statutory undertakers);

• (r) article 36 (felling or lopping of trees and removal of hedgerows); and

• (s) article 37 (trees subject to tree preservation orders).

• (3) In the event that Dogger Bank withholds its consent pursuant to sub-paragraph (1) it will notify the undertaker in writing of the reasons for withholding such consent and (if applicable) the time period during which such consent will be withheld.

Co-operation during construction

5

The undertaker may not acquire any land interest or override any easement or other interest of Dogger Bank within the Dogger Bank limits of deviation without first obtaining the written consent of Dogger Bank.

6

• (1) Wherever in this Part of this Schedule provision is made with respect to the approval or consent of Dogger Bank, that approval or consent shall be in writing (and subject to such reasonable terms and conditions as Dogger Bank may require), but shall not be unreasonably withheld.

• (2) In the event that Dogger Bank does not respond in writing to a request for approval or consent within 28 days of receipt of such a request, Dogger Bank is deemed to have given its consent (without any terms or conditions).

7

Insofar as the construction of the Hornsea Four authorised development is or may be undertaken concurrently with the Dogger Bank authorised development, the undertaker shall—

• (a) co-operate with Dogger Bank with a view to ensuring—

• (i) the co-ordination of construction programming and the carrying out of works; and

• (ii) that access for the purposes of constructing the respective authorised developments is maintained for the undertaker and Dogger Bank and their respective contractors.

• (b) use reasonable endeavours to avoid any conflict arising between the carrying out of the respective authorised developments.

8

Insofar as the construction of the Hornsea Four authorised development gives rise to the need to modify any scheme secured by a requirement contained in Part 3 of Schedule 1 to the Dogger Bank Order, the undertaker shall provide such assistance as is reasonably necessary to support Dogger Bank in pursuing any such modification.

Protection of Dogger Bank

9

• (1) Not less than 56 days before the commencement of any specified works the undertaker must submit to Dogger Bank a plan and, if reasonably required by Dogger Bank, a ground monitoring scheme in respect of those works.

• (2) The plan to be submitted to Dogger Bank under sub-paragraph (1) must include a method statement and describe—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc.;

• (d) the position of all Dogger Bank authorised development;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any of the Dogger Bank authorised development; and

• (f) any intended maintenance regimes.

• (3) The undertaker must not commence any works to which sub-paragraphs (1) and (2) apply until Dogger Bank has given written approval of the plan so submitted.

• (4) Any approval of Dogger Bank required under sub-paragraph (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5) or (7); and

• (b) must not be unreasonably withheld.

• (5) In relation to a work to which sub-paragraphs (1) and/or (2) apply, Dogger Bank may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing the Dogger Bank authorised development against interference or risk of damage or for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any of the Dogger Bank authorised development.

• (6) Works to which this paragraph applies must only be executed in accordance with the plan, submitted under sub-paragraphs (1) and (2) or as relevant sub-paragraph (5), as amended from time to time by agreement between the undertaker and Dogger Bank and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5) and/or (7) by Dogger Bank for the alteration or otherwise for the protection of the Dogger Bank authorised development, or for securing access to it, and Dogger Bank will be entitled to watch and inspect the execution of those works.

• (7) Where Dogger Bank requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Dogger Bank’s satisfaction prior to the commencement of any specified works for which protective works are required and Dogger Bank must give notice of its requirement for such protective works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).

• (8) Nothing in this paragraph shall preclude the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any specified works. a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.

• (9) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Dogger Bank notice as soon as is reasonably practicable and a plan of those works and must—

• (a) comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances; and

• (b) comply with sub-paragraph (10) at all times.

• (10) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the undertaker shall implement an appropriate ground mitigation scheme save that Dogger Bank retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 10.

Expenses

10

Save where otherwise agreed in writing between Dogger Bank and the undertaker and subject to the following provisions of this paragraph, the undertaker must pay to Dogger Bank within 30 days of receipt of an itemised invoice or claim from Dogger Bank all charges, costs and expenses reasonably incurred by Dogger Bank in, or in connection with this Part of this Schedule including without limitation—

• (a) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

• (b) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.

Indemnity

11

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the onshore elements of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out the onshore elements of the authorised development (including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works), any damage is caused to any apparatus or property of Dogger Bank, or there is any interruption in any service provided, or in the supply of any goods, by Dogger Bank, or Dogger Bank becomes liable to pay any amount to any third party, the undertaker will—

• (a) bear and pay on demand accompanied by an invoice or claim from Dogger Bank the cost reasonably and properly incurred by Dogger Bank in making good such damage or restoring the supply; and

• (b) indemnify Dogger Bank for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Dogger Bank, by reason or in consequence of any such damage or interruption or Dogger Bank becoming liable to any third party as aforesaid other than arising from any default by Dogger Bank.

• (2) The fact that any act or thing may have been done by Dogger Bank on behalf of the undertaker or in accordance with a plan approved by Dogger Bank or in accordance with any requirement of Dogger Bank as a consequence of the onshore elements of the authorised development or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (2) where the undertaker 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 Dogger Bank.

• (3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of any damage or interruption to the extent that it is attributable to the neglect or default of Dogger Bank, its officers, servants, contractors or agents.

• (4) Dogger Bank must give the undertaker reasonable notice of any such claim or demand and no settlement, admission of liability or compromise or demand must be made, unless payment is required in connection with a statutory compensation scheme without first consulting the undertaker and considering its representations.

• (5) Dogger Bank must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands and penalties to which the indemnity under sub-paragraph (1) applies. If requested to do so by the undertaker, Dogger Bank must provide an explanation of how the claim has been minimised. The undertaker is only liable under sub-paragraph (1) for claims reasonably incurred by Dogger Bank.

• (6) The undertaker must not commence construction (and must not permit the commencement of such construction) of any specified works until Dogger Bank is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker or its contractor has procured acceptable insurance (and provided evidence to Dogger Bank that it shall maintain such acceptable insurance for the construction period of the specified works from the proposed date of commencement of construction of the specified works) and Dogger Bank has confirmed the same in writing to the undertaker.

• (7) In the event that the undertaker fails to comply with paragraph 11(5) of this Part of this Schedule, nothing in this Part of this Schedule shall prevent Dogger Bank from seeking injunctive relief (or any other equitable remedy) in any court of competent jurisdiction.

Arbitration

12

• (1) Any difference or dispute arising between the undertaker and Dogger Bank under this Part of this Schedule shall, unless otherwise agreed in writing between the undertaker and Dogger Bank, be referred to and settled in arbitration in accordance with the Rules at Schedule 14 of this Order, by a single arbitrator to be agreed upon by the parties within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.

• (2) Should the Secretary of State fail to appoint an arbitrator under paragraph (1) within 14 days of the application, the referring party may refer to the Centre of Effective Dispute Resolution for appointment of an arbitrator.

• (3) Article 39 (arbitration) shall not apply to any difference or dispute under any provisions of the Part of this Schedule.

Access

13

If in consequence of any specified works approved in accordance with this Part or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable Dogger Bank to maintain or use the apparatus no less effectively than was possible before such obstruction.

PART 8 — FOR THE PROTECTION OF NEO ENERGY (SNS) LIMITED

Application

1

For the protection of the licensee from time to time of United Kingdom Petroleum Production Licence P.456 Block 48/2a, unless otherwise agreed in writing between the undertaker and the licensee the provisions of this Part of this Schedule shall have effect for so long as the licence shall remain in full force and effect.

2

In the event that the licence is terminated and no longer has effect, the obligations on the undertaker in this Schedule shall no longer have effect in so far as they relate to the licensee’s works under the terminated licence(s).

Interpretation

3

In this Part of this Schedule—

• “licence” means United Kingdom Petroleum Production Licence P.456 Block 48/2a;

• “licensee” means the licensee from time to time of the licence;

• “ministerial statement” means the written statement given by the Secretary of State for Energy and Climate Change to the UK Parliament regarding Crown Estate Leases for Offshore Renewables Projects on 12 July 2011, or any similar supplementary or replacement policy;

• “the NEO Protective Provisions Plan” means the plan entitled NEO Protective Provisions Plan as contained with Appendix B of REP7-106 and certified as the NEO Protective Provisions Plan for the purposes of this Part of this Schedule;

• “Restricted Area” means the spherical area of seabed having a radius of 3.14 nautical miles from UTM 383,265.00 East, UTM 5,981,086.00 North (International Spheroid, European Datum 1950, Zone 31, Central Meridian 3 degrees East) that point being the centre of the existing Babbage platform in Licence P.456 Block 48/2a operated by the licensee shown delineated blue on the NEO Protective Provisions Plan; and

• “relevant activities” means all development activity relating to the carrying on of the undertaker’s and licensee’s businesses within, or adjacent to the restricted area, including (but not limited to) the preparation of development proposals, the submission of applications for statutory consents associated with those proposals and consultation in respect thereof, the acquisition of or application for new licence oil or gas blocks.

Restriction on authorised development

4

No wind turbine generator shall be erected in the restricted area, unless otherwise agreed in writing between the licensee and the undertaker.

Provision of information

5

Without prejudice to any other rights or obligations under this Part of this Schedule the licensee and the undertaker shall from time to time keep each other informed of relevant activities such that the licensee and the undertaker may seek to agree solutions to allow those activities to successfully co-exist as far as reasonably practicable or if later until completion of activities required under any statutory decommissioning plan required under the Petroleum Act 1998 in relation to the licence and taking place within the areas subject to the licence.

Compensation

6

Nothing in this Part of this Schedule shall affect any rights or obligations or assessment of compensation in accordance with the ministerial statement and any associated guidance.

PART 9 — FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC

Application

1

For the protection of Northern Powergrid referred to in this Part of this Schedule the following provisions must, unless otherwise agreed in writing between the undertaker and the affected undertaking concerned, have effect.

2

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable Northern Powergrid to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means electric lines or electrical plant (as defined in the 1989 Act), belonging to or maintained by Northern Powergrid;

• “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; and

• “Northern Powergrid” means Northern Powergrid (Yorkshire) PLC (Company Number 04112320) whose registered address is Lloyds Court, 78 Grey Street, Newcastle upon Tyne, NE1 6AF.

Precedence of the 1991 Act in respect of apparatus in the streets

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the Northern Powergrid are regulated by the provisions of Part 3 of the 1991 Act.

No acquisition etc. except by agreement

4

• (1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker shall not acquire any apparatus or override any easement or other interest of Northern Powergrid or acquire any land or other interest of Northern Powergrid or create any new rights over the same otherwise than by agreement of ... Northern Powergrid such agreement not to be unreasonably withheld or delayed (having regard to Northern Powergrid’s existing and future requirements for such land or interests).

• (2) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker shall not interfere with any communications cables or equipment used by Northern Powergrid in relation to its apparatus or acquire or interfere with any rights or interests supporting the use, maintenance or renewal of such equipment otherwise than by agreement of Northern Powergrid (such agreement not to be unreasonably withheld or delayed).

Removal of apparatus

5

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of Northern Powergrid to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of Northern Powergrid.

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to Northern Powergrid 56 days advance written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Northern Powergrid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to Northern Powergrid the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed—

• (a) the undertaker must in the first instance use reasonable endeavours to acquire all necessary land interests or rights as Northern Powergrid may reasonably require for the relocation and construction of alternative apparatus and must use reasonable endeavours to procure all necessary rights to access and maintain Northern Powergrid’s apparatus and alternative apparatus thereafter the terms of such access and maintenance to be agreed by Northern Powergrid (acting reasonably); and

• (b) in the event the undertaker is not able to procure the necessary land interests or rights referred to in sub-paragraph (3)(a) Northern Powergrid must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for Northern Powergrid to use its compulsory purchase powers to this end unless it elects to do so.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Northern Powergrid and the undertaker or in default of agreement settled by arbitration in accordance with article 39 (arbitration).

• (5) Northern Powergrid must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 39 (arbitration) and after the grant to Northern Powergrid of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

6

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Northern Powergrid facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Northern Powergrid or in default of agreement settled by arbitration in accordance with article 39 (arbitration).

• (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to Northern Powergrid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to Northern Powergrid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

7

• (1) Not less than 56 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are within 15 metres of, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 5, the undertaker must submit to Northern Powergrid a plan, section and description of the works to be executed.

• (2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by Northern Powergrid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Northern Powergrid is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by Northern Powergrid under sub-paragraph (2) must be made within a period of 49 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

• (4) If Northern Powergrid in accordance with sub-paragraph (2) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 6 apply as if the removal of the apparatus had been required by the undertaker under paragraph 5.

• (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 35 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

• (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to Northern Powergrid notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

8

• (1) Save where otherwise agreed in writing between Northern Powergrid and the undertaker and subject to the following provisions of this paragraph, the undertaker must repay to Northern Powergrid within 30 days of receipt of an itemised invoice or claim all charges costs and expenses reasonably incurred by Northern Powergrid in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as authorised by this Order including without limitation—

• (a) any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation in the event that Northern Powergrid elects to use compulsory purchase powers to acquire any necessary rights under paragraph 5(3) all costs incurred as a result of such action;

• (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

• (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

• (d) the approval of plans;

• (e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

• (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Schedule.

• (2) If in accordance with the provisions of this Part of this Schedule—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 39 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to Northern Powergrid by virtue of sub-paragraph (1) must be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs shall be borne by the undertaker.

• (3) For the purposes of sub-paragraph (2)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

Expenses and costs

9

• (1) Subject to sub-paragraphs (2) to (5), if by reason or in consequence of the construction of any such works referred to in this Part of this Schedule, or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by it) in the course of carrying out such works, including without limitation works carried out by the undertaker or Northern Powergrid under this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative 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 Northern Powergrid, or there is any interruption in any service provided, or in the supply of any goods, by Northern Powergrid, or Northern Powergrid becomes liable to pay any amount to a third party the undertaker must—

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

• (b) indemnify Northern Powergrid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Northern Powergrid, by reason or in consequence of any such damage or interruption or Northern Powergrid becoming liable to any third party.

• (2) The fact that any act or thing may have been done by Northern Powergrid on behalf of the undertaker or in accordance with a plan approved by Northern Powergrid or in accordance with any requirement of Northern Powergrid as a consequence of the authorised development or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (2) where the undertaker 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 materially accord with the approved plan or as otherwise agreed between the undertaker and Northern Powergrid.

• (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to—

• (a) any damage or interruption to the extent that it is attributable to the act, neglect or default of Northern Powergrid, its officers, servants, contractors or agents; or

• (b) any authorised development and/or any other works authorised by this Part of this Schedule carried out by Northern Powergrid as an assignee, transferee or lessee of the undertaker with the benefit of the Order subject to the proviso that once such works become apparatus (“new apparatus”) any works yet to be executed by the undertaker and not falling within this paragraph 9(3)(b) will be subject to the full terms of this Part of this Schedule including this paragraph 9 in respect of such new apparatus.

• (4) Northern Powergrid must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without the consent of the undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (5) Northern Powergrid must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands and penalties to which the indemnity under sub-paragraph (1) applies. If requested to do so by the undertaker, Northern Powergrid must provide an explanation of how the claim has been minimised. The undertaker is only liable under sub-paragraph (1) for claims reasonably incurred by Northern Powergrid.

10

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Northern Powergrid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

11

Where in consequence of the proposed construction of any of the authorised development, the undertaker or Northern Powergrid requires the removal of apparatus under paragraph 5(2) or otherwise or Northern Powergrid makes requirements for the protection or alteration of apparatus under paragraph 7, the undertaker shall use its best endeavours to co-ordinate the execution of the works in the interests of safety and the need to ensure the safe and efficient operation of Northern Powergrid’s undertaking taking into account the undertaker’s desire for the efficient and economic execution of the authorised development and the undertaker and Northern Powergrid shall use best endeavours to co-operate with each other for those purposes.

Access

12

If in consequence of an agreement reached in accordance with paragraph 4(1) or the powers granted under this Order the access to any apparatus or alternative apparatus is materially obstructed, the undertaker shall provide such alternative means of access to such apparatus or alternative apparatus as will enable Northern Powergrid to maintain or use the said apparatus no less effectively than was possible before such obstruction.

Notices

13

The plans submitted to Northern Powergrid by the undertaker pursuant to this Part of the Schedule must be sent to Northern Powergrid at property@northernpowergrid.com or such other address as Northern Powergrid may from time to time appoint instead for that purpose and notify to the undertaker in writing.

PART 10 — FOR THE PROTECTION OF THE KUMATAGE FIELD

Application

1

For the protection of the licensee from time to time of the licence in respect of the area comprising the Kumatage Field, previously under United Kingdom Petroleum Production Licence P.2426 and any licence granted to replace it in the 33rd Offshore Licensing Round, unless otherwise provided for in this Schedule or otherwise agreed in writing between the licensee and the undertaker the provisions of this Part of this Schedule shall have effect for so long as the licence shall remain in full force and effect.

2

In the event that—

• (a) no licence is grantedunder the North Sea Transition Authority 33rd Offshore Licensing Round;

• (b) any licence granted under the North Sea Transition Authority 33rd Offshore Licensing Round is terminated and no longer has effect;

• (c) before 1 January 2026, the licensee has not obtained the necessary consents;

• (d) the licensee fails to serve notice on the undertaker as required by paragraph 5,

the obligations on the undertaker in this Part of this Schedule shall no longer have effect.

Interpretation

3

In this Part of this Schedule—

• “Bridge protected area plan” means the plan entitled Bridge Petroleum: Kumatage Protective Provisions and certified as the Bridge protected area plan for the purposes of this Part of this Schedule;

• “emergency works” means works whose execution at the time when they are executed is 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, property or the environment;

• “exclusion zones” means an area on, under or above the seabed within a distance of 500m of the outer edge of an installed platform or centre point of installed subsea infrastructure (excluding an installed pipeline) and an area of 200m either side of an installed pipeline, in each case forming part of the licensee’s works;

• “licence” means any licence granted under the 33rd licensing round by the North Sea Transition Authority for the area comprising the Kumatage Field, previously under United Kingdom Petroleum Production Licence P.2426;

• “licensee” means the licensee from time to time of the licence;

• “licensee’s works” means exploration, appraisal, development, production, maintenance, interventions and/or decommissioning activity in accordance with and pursuant to the licence;

• “necessary consents” means regulatory approval from the North Sea Transition Agency (or any successor in function) and the Offshore Petroleum Regulator for Environment and Decommissioning (or any successor in function) for one or more appraisal well(s) and approval from the North Sea Transition Agency (or any successor in function) of a field development plan;

• “pipeline route A” means the route coloured pale yellow on the Bridge protected area plan;

• “pipeline route B” means the route coloured red on the Bridge protected area plan;

• “primary lines of orientation” means the lines identified as the primary lines of orientation for wind turbine generators comprised in the authorised development running south east to north west on bearing 326.5 degrees as shown on the Bridge protected area plan;

• “protected area” means the area of seabed with the coordinates below and shown shaded grey/blue on the Bridge protected area plan, excluding any relinquished areaX_UTM31NY_UTM31NLatitudeLongitudeLat_DMSLong_DMS369758.74426001005.10254.140628591.00623538954° 8′ 26.263″ N1° 0′ 22.447″ E370895.68496000130.98554.133063821.02400236254° 7′ 59.030″ N1° 1′ 26.409″ E371000.66386000185.2254.133577341.02558488154° 8′ 0.878″ N1° 1′ 32.106″ E371114.2366000217.8354.133898731.02730811354° 8′ 2.035″ N1° 1′ 38.309″ E371232.00936000227.54954.134015551.02910539554° 8′ 2.456″ N1° 1′ 44.779″ E371349.38796000214.00254.133923261.03090656754° 8′ 2.124″ N1° 1′ 51.264″ E371461.83796000177.71454.133625431.03264202754° 8′ 1.052″ N1° 1′ 57.511″ E371564.99576000120.09154.133133631.0342444154° 7′ 59.281″ N1° 2′ 3.280″ E371654.86036000043.3754.132466921.03565155254° 7′ 56.881″ N1° 2′ 8.346″ E371727.94645999950.52454.131651191.0368088754° 7′ 53.944″ N1° 2′ 12.512″ E371780.1585999848.37154.130746631.03765082754° 7′ 50.688″ N1° 2′ 15.543″ E371811.97235999738.14854.129764491.0381842154° 7′ 47.152″ N1° 2′ 17.463″ E371822.22615999623.88554.128740681.03838953754° 7′ 43.466″ N1° 2′ 18.202″ E371810.54485999509.75854.127712631.0382593354° 7′ 39.765″ N1° 2′ 17.734″ E371777.35525999399.94254.126717931.03779836954° 7′ 36.185″ N1° 2′ 16.074″ E371723.87085999298.44954.125792941.0370235354° 7′ 32.855″ N1° 2′ 13.285″ E371652.04695999208.99254.124971471.03596315554° 7′ 29.897″ N1° 2′ 9.467″ E371564.50955999134.8454.124283551.0346560254° 7′ 27.421″ N1° 2′ 4.762″ E371707.07355999034.99854.123422321.03687855154° 7′ 24.320″ N1° 2′ 12.763″ E371814.98265998898.43954.122222591.0385866454° 7′ 20.001″ N1° 2′ 18.912″ E371879.15655998736.65354.120785341.03963656954° 7′ 14.827″ N1° 2′ 22.692″ E371894.19485998563.25654.119231551.0399400454° 7′ 9.234″ N1° 2′ 23.784″ E371869.33595998424.26654.117976891.03961887654° 7′ 4.717″ N1° 2′ 22.628″ E371812.6845998294.93554.116801051.03880753454° 7′ 0.484″ N1° 2′ 19.707″ E371727.37685998182.42354.115769161.03755098454° 6′ 56.769″ N1° 2′ 15.184″ E371618.13855998092.96354.114938341.03591882954° 6′ 53.778″ N1° 2′ 9.308″ E371517.19785998041.23354.114448471.03439755854° 6′ 52.014″ N1° 2′ 3.831″ E371408.32545998009.42454.114135541.03274658454° 6′ 50.888″ N1° 1′ 57.888″ E371295.4125997998.67354.114010731.03102488954° 6′ 50.439″ N1° 1′ 51.690″ E371182.49285998009.36354.11407851.02929397754° 6′ 50.683″ N1° 1′ 45.458″ E371073.60335998041.11454.114336421.02761568454° 6′ 51.611″ N1° 1′ 39.416″ E370972.6355998092.7954.114775281.02604996954° 6′ 53.191″ N1° 1′ 33.780″ E370883.19615998162.54554.11537941.02465276854° 6′ 55.366″ N1° 1′ 28.750″ E370808.48315998247.88554.116127211.02347400954° 6′ 58.058″ N1° 1′ 24.506″ E370748.86245998350.77854.117036451.02251845354° 7′ 1.331″ N1° 1′ 21.066″ E370710.70565998463.40754.118038541.02188686754° 7′ 4.939″ N1° 1′ 18.793″ E370695.51155998581.3554.119094131.0216040854° 7′ 8.739″ N1° 1′ 17.775″ E370703.87715998699.97354.120161751.02168122954° 7′ 12.582″ N1° 1′ 18.052″ E370735.47375998814.61754.121199461.0221153154° 7′ 16.318″ N1° 1′ 19.615″ E370789.06015998920.77754.12216651.02288929454° 7′ 19.799″ N1° 1′ 22.401″ E370862.53125999014.28354.123024861.02397279554° 7′ 22.889″ N1° 1′ 26.302″ E370953.0015999091.46254.123740821.0253232654° 7′ 25.467″ N1° 1′ 31.164″ E370856.05175999152.36954.124263581.02381467654° 7′ 27.349″ N1° 1′ 25.733″ E370772.43685999230.58354.124945121.02250256454° 7′ 29.802″ N1° 1′ 21.009″ E370705.20095999323.25554.125760631.02143469754° 7′ 32.738″ N1° 1′ 17.165″ E370656.79195999427.01254.126680431.0206499654° 7′ 36.050″ N1° 1′ 14.340″ E369290.54795999425.49354.126321310.99975687354° 7′ 34.757″ N0° 59′ 59.125″ E369409.14715999825.62554.129945531.0013975454° 7′ 47.804″ N1° 0′ 5.031″ E370629.97115999826.98254.130266361.0200684454° 7′ 48.959″ N1° 1′ 12.246″ E369634.13736000584.70154.136820851.00451075654° 8′ 12.555″ N1° 0′ 16.239″ E369758.74426001005.10254.140628591.00623538954° 8′ 26.263″ N1° 0′ 22.447″ E

• “offshore wind infrastructure” means all infrastructure permitted by this Order excluding offshore wind activities and the overhanging of a wind turbine generator blade;

• “offshore wind activities” means investigation survey or other activity relating to the evaluation of development construction operation and maintenance and/or decommissioning of the authorised development and shall include the use of a jack-up or other vessel;

• “relinquished area” means any part of the protected area that is relinquished by the licensee pursuant to the licence or otherwise removed from the scope of the licence, but which shall not include the exclusion zones; and

• “remaining overlap area” means the area of seabed with the coordinates below and shown cross-hatched on the Bridge protected area planETRS89_XETRS89_YLatitudeLongitudeDDLatDDLong369290.54795999425.49354° 7′ 34.757″ N0° 59′ 59.125″ E54.126321310.999756873370656.79195999427.01254° 7′ 36.050″ N1° 1′ 14.340″ E54.126680431.02064996370705.20095999323.25554° 7′ 32.738″ N1° 1′ 17.165″ E54.125760631.021434697370772.43685999230.58354° 7′ 29.802″ N1° 1′ 21.009″ E54.124945121.022502564370856.05175999152.36954° 7′ 27.349″ N1° 1′ 25.733″ E54.124263581.023814676370953.0015999091.46254° 7′ 25.467″ N1° 1′ 31.164″ E54.123740821.02532326370862.53125999014.28354° 7′ 22.889″ N1° 1′ 26.302″ E54.123024861.023972795370789.06015998920.77754° 7′ 19.799″ N1° 1′ 22.401″ E54.122166491.022889294370735.47375998814.61754° 7′ 16.318″ N1° 1′ 19.615″ E54.121199461.02211531370703.87715998699.97354° 7′ 12.582″ N1° 1′ 18.052″ E54.120161751.021681229370695.51155998581.3554° 7′ 8.739″ N1° 1′ 17.775″ E54.119094131.02160408370710.70565998463.40754° 7′ 4.939″ N1° 1′ 18.793″ E54.118038541.021886867370748.86245998350.77754° 7′ 1.331″ N1° 1′ 21.066″ E54.117036451.022518453370808.48315998247.88554° 6′ 58.058″ N1° 1′ 24.506″ E54.116127211.023474009370883.19615998162.54554° 6′ 55.366″ N1° 1′ 28.750″ E54.11537941.024652768370972.6355998092.7954° 6′ 53.191″ N1° 1′ 33.780″ E54.114775281.026049969371073.60335998041.11454° 6′ 51.611″ N1° 1′ 39.416″ E54.114336421.027615684371182.49285998009.36354° 6′ 50.683″ N1° 1′ 45.458″ E54.11407851.029293977371295.4125997998.67254° 6′ 50.439″ N1° 1′ 51.690″ E54.114010731.031024889371408.32545998009.42454° 6′ 50.888″ N1° 1′ 57.888″ E54.114135541.032746584371517.19785998041.23354° 6′ 52.014″ N1° 2′ 3.831″ E54.114448471.034397558371618.13855998092.96354° 6′ 53.778″ N1° 2′ 9.308″ E54.114938341.035918829371727.37685998182.42354° 6′ 56.769″ N1° 2′ 15.184″ E54.115769161.037550984371812.6845998294.93454° 7′ 0.484″ N1° 2′ 19.707″ E54.116801051.038807534371869.33595998424.26654° 7′ 4.717″ N1° 2′ 22.628″ E54.117976891.039618876371894.19485998563.25654° 7′ 9.234″ N1° 2′ 23.784″ E54.119231551.03994004371879.15655998736.65354° 7′ 14.827″ N1° 2′ 22.692″ E54.120785341.039636569371814.98265998898.43954° 7′ 20.001″ N1° 2′ 18.912″ E54.122222591.03858664371707.07355999034.99854° 7′ 24.320″ N1° 2′ 12.763″ E54.123422321.036878551371564.50955999134.8454° 7′ 27.421″ N1° 2′ 4.762″ E54.124283551.03465602371652.04695999208.99254° 7′ 29.897″ N1° 2′ 9.467″ E54.124971471.035963155371723.87085999298.44954° 7′ 32.855″ N1° 2′ 13.285″ E54.125792941.03702353371777.35525999399.94254° 7′ 36.185″ N1° 2′ 16.074″ E54.126717931.037798369371810.54485999509.75854° 7′ 39.765″ N1° 2′ 17.734″ E54.127712631.03825933371822.22615999623.88554° 7′ 43.466″ N1° 2′ 18.202″ E54.128740681.038389537371811.97235999738.14854° 7′ 47.152″ N1° 2′ 17.463″ E54.129764491.03818421371780.1585999848.37154° 7′ 50.688″ N1° 2′ 15.543″ E54.130746631.037650827371727.94645999950.52454° 7′ 53.944″ N1° 2′ 12.512″ E54.131651191.03680887371654.86036000043.3754° 7′ 56.881″ N1° 2′ 8.346″ E54.132466921.035651552371564.99576000120.09154° 7′ 59.281″ N1° 2′ 3.280″ E54.133133631.03424441371461.83796000177.71454° 8′ 1.052″ N1° 1′ 57.511″ E54.133625431.032642027371349.38796000214.00254° 8′ 2.124″ N1° 1′ 51.264″ E54.133923261.030906567371232.00936000227.54854° 8′ 2.456″ N1° 1′ 44.779″ E54.134015551.029105395371114.2366000217.8354° 8′ 2.035″ N1° 1′ 38.309″ E54.133898731.027308113371000.66386000185.2254° 8′ 0.878″ N1° 1′ 32.106″ E54.133577341.025584881370895.68496000130.98554° 7′ 59.030″ N1° 1′ 26.409″ E54.133063821.024002362369758.7446001005.10254° 8′ 26.263″ N1° 0′ 22.447″ E54.140628591.006235386370188.11346002453.71654° 9′ 13.497″ N1° 0′ 43.850″ E54.153749081.012180474369052.386003839.01454° 9′ 57.254″ N0° 59′ 39.116″ E54.16590380.994198772374775.91626003680.04954° 9′ 57.253″ N1° 4′ 54.768″ E54.16590371.081880049374549.65545995336.51654° 5′ 27.244″ N1° 4′ 54.777″ E54.090901221.081882594373037.86055995377.8554° 5′ 27.247″ N1° 3′ 31.553″ E54.090901931.058764698372386.80545996013.94654° 5′ 47.237″ N1° 2′ 54.774″ E54.096454751.048548266372395.33325996323.16654° 5′ 57.244″ N1° 2′ 54.773″ E54.099234441.048548168372060.57675996332.51754° 5′ 57.247″ N1° 2′ 36.341″ E54.099235341.043428091369201.72375999125.81754° 7′ 24.985″ N0° 59′ 54.702″ E54.123606950.998528288369409.14715999825.62554° 7′ 47.804″ N1° 0′ 5.031″ E54.129945531.00139754369634.13716000584.70254° 8′ 12.555″ N1° 0′ 16.239″ E54.136820851.004510753370629.97115999826.98254° 7′ 48.959″ N1° 1′ 12.246″ E54.130266361.02006844

Protected area

4

• (1) Subject to paragraph 7, no offshore wind infrastructure shall be constructed within the protected area.

• (2) The undertaker may perform offshore wind activities in the protected area provided that—

• (a) the undertaker provides advance written notice of its activities in the protected area as soon as reasonably practicable and in any event no later than six months prior to the scheduled commencement of such activities and consent is obtained from the licensee, such consent not to be unreasonably withheld;

• (b) the undertaker’s notice must describe the nature, extent, anticipated start date and duration of the activities;

• (c) following commencement of the offshore wind activities in the protected area, the undertaker must provide regular updates (no less frequently than every fourteen days) to the licensee throughout the duration of the offshore wind activities in the protected area as to their progress; and

• (d) within 24 hours of the completion of the offshore wind activities, the undertaker provides notice to the licensee that the activities have been completed and the protected area has been vacated.

• (3) The requirement for advance notice in sub-paragraph (2)(a) above shall not apply to any offshore wind activities which are emergency works, in which case the undertaker must provide notice as soon as reasonably practicable after commencement of the activities.

• (4) Following completion of the relevant offshore wind activities the undertaker shall use reasonable endeavours not to restrict, delay, hinder or prevent in any way the licensee’s or its agents’ ability to access safely the protected area and to carry out any drilling, development, production or decommissioning activities that the licensee, acting as a reasonable and prudent operator deems necessary from time to time.

5

No later than 6 months after the coming into force of this Order, the licensee shall notify the undertaker of its proposed location of its pipeline, such location being either pipeline route A or pipeline route B. From the date the undertaker receives the licensee’s notification, the protected area shall include either pipeline route A or pipeline route B (as elected by the licensee).

Line of orientation

6

The licensee shall not carry out, nor procure the carrying out of, the licensee’s works in any way that would prevent the undertaker from constructing and maintaining the wind turbine generators comprised in the authorised development in a layout consistent with the primary lines of orientation.

Crossing and proximity

7

The undertaker and the licensee shall use reasonable endeavours to enter into a crossing and/or proximity agreement on standard UK oil and gas industry terms in relation to the licensee’s works and the authorised development in relation to the protected area and the remaining overlap area, such agreement to be entered as soon as reasonably practicable after the coming into force of this Order.

PART 11 — FOR THE PROTECTION OF HARBOUR ENERGY LIMITED, PERENCO UK LIMITED, PREMIER OIL E&P UK EU LIMITED, DANA PETROLEUM (E&P) LIMITED AND DANA PETROLEUM LIMITED

Application

1

For the protection of the licensee from time to time of United Kingdom Petroleum Production Licences P686 and P380, unless otherwise agreed in writing between the undertaker and the licensee the provisions of this Part of this Schedule shall have effect for so long as the licence shall remain in full force and effect.

Interpretation

2

In this Part of this Schedule—

• “additional costs” means any costs incurred by the licensee in carrying out decommissioning of the Johnston Assets which would not have been incurred had such decommissioning works been carried out prior to commencement of the undertaker’s works, and relating to any of the following—the direct cost of any rig brought into the marine corridor for the purposes of undertaking decommissioning of the six producer wells comprised in the Johnston Assets, to the extent such cost is directly related to the rig being required for a longer period as a direct result of the presence of the undertaker’s works. For the avoidance of doubt the direct cost of any rig excludes any and all ancillary cost associated with the use of the rig;impaired helicopter operations during the period from the commencement of the licensee’s works to the completion of the licensee’s works, to the extent such operations can be reasonably demonstrated to have been necessary, to have resulted in abandonment of a planned flight and resulted in a subsequent delay to operational activity related to the Johnston Assets;only to the extent not included in the calculation of costs under sub-paragraphs (a) or (b). any use of vessels in substitution for impaired helicopter flights subject to the use of vessels being approved in advance by the undertaker;but in each case only to the extent that—such costs have been reasonably and properly incurred by the licensee as a direct result of the presence of the undertaker’s works;the licensee provides evidence of costs incurred in a form and manner to the reasonable satisfaction of the undertaker;the licensee and each relevant contractor, sub-contractor or agent have at all times used best endeavours to minimise and mitigate the costs; andsuch costs were not incurred directly or indirectly in the decommissioning of the exploration well comprised in the Johnston Assets.

• “aviation corridor” means an 1400m aviation corridor of clear airspace measured tip to tip from any wind turbine generator shown coloured blue and annotated and shown as the aviation corridor (along the route of the Johnston pipeline) on the Johnston protective provisions plan;

• “block” means a block of the United Kingdom Continental Shelf designated as such on the map deposited at the principal office of the North Sea Transition Authority;

• “coexistence and proximity agreement” means an agreement entered on reasonable terms between the undertaker and the licensee in respect of the undertaker’s works and licensee’s works to reconcile and protect the interests of the parties as are known at the time to secure the implementation of the undertaker’s works and the licensee’s works;

• “licences” means United Kingdom Petroleum Production Licences P686 block 43/27a and P380 block 43/26a;

• “licensee” means the licensee from time to time of the licence;

• “licensee’s works” means the decommissioning of the Johnston Field in accordance with the Johnston Decommissioning Programme (Rev B01, March 2022) as approved by the Offshore Petroleum Regulator for Environment and Decommissioning and as amended from time to time, but excluding any post-decommissioning monitoring and evaluation;

• “marine corridor” means a 1000m corridor measured from centre to centre from any wind turbine generator (along the route of the Johnston pipeline);

• “ministerial statement” means the written statement given by the Secretary of State for Energy and Climate Change to the UK Parliament regarding Crown Estate Leases for Offshore Renewables Projects on 12 July 2011, or any similar supplementary or replacement policy;

• “Johnston Assets” means any and all facilities and infrastructure owned, operated, leased and/or otherwise contracted to the licensee from time to time for the purposes of the licences including but not limited to one exploration well, six producer wells, four pipelines and 15 umbilicals located in the Johnston Field;

• “Johnston Field” means the area to which the licensee’s rights granted by the licences relate, being at the date hereof, that area shown on the Johnston protective provisions plan;

• “the Johnston protective provisions plan” means the plan entitled Johnston protective provisions plan (Harbour) and certified as the Johnston protective provisions plan for the purposes of this Part of this Schedule;

• “OPRED notice” means a letter or notice from the Offshore Petroleum Regulator for Environment and Decommissioning (“OPRED”) confirming the acceptance of the close-out report submitted by or on behalf of the relevant licensee indicating that OPRED is satisfied that the permanent decommissioning of the Johnston Assets has been completed;

• “relevant activities” means all development activity relating to the carrying on of the undertaker’s and licensee’s businesses within, or adjacent to the aviation corridor or a WTG exclusion zone, including (but not limited to) the preparation of development proposals, the submission of applications for statutory consents associated with those proposals and consultation in respect thereof, the acquisition of or application for new licence oil or gas blocks;

• “undertaker’s works” means the offshore works permitted by this Order;

• “WTG exclusion zone” means an area of 1,600m radius of clear airspace measured from the centre of each of the Johnston production wellheads and coloured yellow and annotated and shown as a WTG exclusion zone on the Johnston protective provisions plan.

Restriction on authorised development

3

Prior to the completion of the licensee’s works, no wind turbine generator shall be erected in the marine corridor, the aviation corridor, or in any WTG exclusion zone, unless otherwise agreed in writing between the licensee and the undertaker.

4

In the event the licensee’s works commence prior to the undertaker’s works, the undertaker must not build, construct, erect or lay any temporary infrastructure and/or carry out any activities within the marine corridor, the aviation corridor, or in any WTG exclusion zone that would interfere with the licensee’s works causing a delay.

Coexistence and proximity agreement

5

If, at any time the undertaker plans to undertake the undertaker’s works and/or any other work which is within five hundred metres (500m) of the Johnston Assets, the undertaker shall notify the licensee and the undertaker and the licensee must, unless agreed otherwise, acting reasonably, agree and enter into a crossing and proximity agreement as soon as reasonably practicable.

Provision of information

6

Without prejudice to any other rights or obligations under this Part of this Schedule the licensee and the undertaker shall from time to time keep each other informed of relevant activities such that the licensee and the undertaker may seek to agree solutions to allow those activities to successfully co-exist as far as reasonably practicable until completion of activities required under any statutory decommissioning plan required under the Petroleum Act 1998 in relation to the licence and taking place within the areas subject to the licence.

Compensation

7

Subject to paragraph 8, the undertaker shall pay any additional costs to the licensee within three months of receipt of the OPRED notice.

8

Nothing in this Part of this Schedule shall affect any rights or obligations or assessment of compensation in accordance with the ministerial statement and the associated guidance.

Arbitration

9

Any difference arising between the undertaker the licensee under this Part shall be referred to and settled by arbitration under article 39 (arbitration).

SCHEDULE 10 — HEDGEROWS

PART 1 — REMOVAL OF HEDGEROWS