The Mona Offshore Wind Farm Order 2025

• (1) Where an application has been made under paragraph 3 the relevant planning authority has the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

• (2) If the relevant discharging authority considers further information is needed, and the requirement does not specify that consultation with a consultee is required, it must, within 15 working days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the requirement indicates that consultation must take place with a consultee the relevant planning authority must issue the consultation to the requirement consultee within five working days of receipt of the application. Where the consultee requires further information they must notify the relevant discharging authority in writing specifying the further information required within 15 working days of receipt of the consultation. The relevant discharging authority must notify the undertaker in writing specifying any further information requested by the consultee within five working days of receipt of such a request.

• (4) In the event that the relevant discharging authority does not give such notification as specified in sub- paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

Provision of information by Consultees

5

• (1) Any consultee who receives a consultation under paragraph 4(3) must respond to that request within 20 working days from receipt unless sub-paragraph (2) of this paragraph applies.

• (2) Where any consultee requests further information in accordance with the timescales set out in paragraph 4(3) then they must respond to the consultation within 10 working days from the receipt of the further information requested.

Fees

6

• (1) Where an application is made to the relevant planning authority for agreement or approval in respect of a requirement or agreement or approval of an amendment pursuant to requirement 30 of Schedule 2 the fee for the discharge of conditions as specified in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (Wales) Regulations 2015[^f00051] (or any regulations replacing the same) is to be paid by the undertaker to the relevant planning authority in accordance with these regulations unless otherwise agreed with the relevant planning authority.

• (2) Any fee paid under this Schedule must be refunded to the undertaker within 20 working days of the application being rejected as invalidly made.

Appeal

7

• (1) The undertaker may appeal in the event that—

• (a) the relevant discharging authority refuses an application for any consent, agreement or approval required by—

• (i) a requirement included in this Order; or

• (ii) a document referred to in any requirement contained in Schedule 2;

• (b) the discharging authority does not determine such an application within the time period set out in paragraph 3, or grants it subject to conditions;

• (c) the discharging authority issues a notice further to sections 60 (control of noise on construction sites) or 61 (prior consent for work on construction sites) of the 1974 Act;

• (d) on receipt of a request for further information pursuant to paragraph 4 of this Part of this Schedule, the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

• (e) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

• (2) The appeal process is to be as follows—

• (a) any appeal by the undertaker must be made within 30 working days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 3, giving rise to the appeal referred to in sub- paragraph (1);

• (b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant discharging authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal (together with the undertaker, these are the “appeal parties”);

• (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person (“the appointed person”) to determine the appeal and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for their attention should be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph (2);

• (d) the relevant discharging authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within 15 working days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (e) the appeal parties must make any counter-submissions to the appointed person within 15 working days of receipt of written representations pursuant to sub-paragraph (2)(d); and

• (f) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 20 working days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (2)(e).

• (3) The appointment of the person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (4) In the event that the appointed person considers that further information is necessary to consider the appeal, the appointed person must as soon as practical notify the appeal parties in writing specifying the further information required and the date by which the information is to be submitted and the appointed person must make any notification and set the date for the receipt of such further information having regard to the timescales in sub-paragraph (2).

• (5) Any further information required under sub-paragraph (4) must be provided by the appeal party from whom the further information was requested to the appointed person and other appeal parties, the relevant planning authority and any consultee required to be consulted pursuant to the requirement the subject of the appeal on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 working days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (2)(d) to (2)(f).

• (6) On an appeal under this sub-paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not).

• (7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits.

• (8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (9) The decision of the appointed person on an appeal is to be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (10) If an approval is given by the appointed person pursuant to this paragraph, it is to be deemed to be an approval for the purpose of Schedule 12 as if it had been given by the relevant discharging authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

• (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the relevant discharging authority, the reasonable costs of the appointed person must be met by the undertaker.

• (12) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the Welsh Government’s ‘Development Management Manual Section 12 Annex: Award of costs’ or any circular or guidance which may from time to time replace it.

SCHEDULE 13 — Arbitration rules

Primary objective

1

• (1) The primary objective of these arbitration rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within four months from the date the arbitrator is appointed pursuant to article 45 (arbitration) of the Order.

• (2) The parties will first use their reasonable endeavours to settle a dispute amicably through negotiations undertaken in good faith by the senior management of the parties. Any dispute which is not resolved amicably by the senior management of the parties within twenty business days of the dispute arising, or such longer period as agreed in writing by the parties, will be subject to arbitration in accordance with the terms of this Schedule.

• (3) The arbitration will be deemed to have commenced when a party (“the claimant”) serves a written notice of arbitration on the other party (“the respondent”).

Time periods

2

• (1) All time periods in these arbitration rules will be measured in business days and this will exclude weekends and bank holidays.

• (2) Time periods will be calculated from the day after the arbitrator is appointed which will be either—

• (a) the date the arbitrator notifies the parties in writing of acceptance of an appointment by agreement of the parties; or

• (b) the date the arbitrator is appointed by the Secretary of State.

Timetable

3

• (1) The timetable for the arbitration will be that set out in sub-paragraphs (2) to (4) below unless amended in accordance with paragraph 5(3).

• (2) Within 15 days of the arbitrator being appointed, the claimant must provide both the respondent and the arbitrator with—

• (a) a written statement of claim which describes the nature of the difference between the parties, the legal and factual issues, the claimant’s contentions as to those issues, and the remedy it is seeking; and

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.

• (3) Within 15 days of receipt of the claimant’s statements under sub-paragraph (2) by the arbitrator and respondent, the respondent must provide the claimant and the arbitrator with—

• (a) a written statement of defence responding to the claimant’s statement of claim, its statement in respect of the nature of the difference, the legal and factual issues in the claimant’s claim, its acceptance of any element(s) of the claimant’s claim, its contentions as to those elements of the claimant’s claim it does not accept;

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; and

• (c) any objections it wishes to make to the claimant’s statements, comments on the claimant’s expert report(s) (if submitted by the claimant) and explanations for the objections.

• (4) Within five days of the respondent serving its statements sub-paragraph (3), the claimant may make a statement of reply by providing both the respondent and the arbitrator with—

• (a) a written statement responding to the respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;

• (b) all statements of evidence and copies of documents in response to the respondent’s submissions;

• (c) any expert report in response to the respondent’s submissions;

• (d) any objections to the statements of evidence, expert reports or other documents submitted by the respondent; and

• (e) its written submissions in response to the legal and factual issues involved.

Procedure

4

• (1) The arbitrator will make an award on the substantive difference based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.

• (2) Either party may, within two days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.

• (3) Within five days of receiving the last submission, the arbitrator will notify the parties whether a hearing is to be held and the length of that hearing.

• (4) Within ten days of the arbitrator advising the parties that he will hold a hearing, the date and venue for the hearing will be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which he considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing.

• (5) A decision will be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any expert(s) attending the hearing may be asked questions by the arbitrator.

• (6) There will be no process of examination and cross-examination of experts, but the arbitrator will invite the parties to ask questions of the experts by way of clarification of any answers given by the expert(s) in response to the arbitrator’s questions. Prior to the hearing the procedure for the expert(s) will be that—

• (a) at least 20 days before a hearing, the arbitrator will provide a list of issues to be addressed by the expert(s);

• (b) if more than one expert is called, they will jointly confer and produce a joint report or reports within ten days of the issues being provided; and

• (c) the form and content of a joint report will be as directed by the arbitrator and must be provided at least five days before the hearing.

• (7) Within ten days of a hearing or a decision by the arbitrator that no hearing is to be held the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator will take these submissions into account in the award.

• (8) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within four months of the date on which they are appointed, unless both parties otherwise agree to an extension to the date for the award.

• (9) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document,and may make a decision on the information before them attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure and/or direction.

• (10) The arbitrator’s award must include reasons. The parties will accept that the extent to which reasons are given is to be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.

Arbitrator’s powers

5

• (1) The arbitrator has all the powers of the arbitration Act 1996(a), including the non-mandatory sections, save where modified by these rules.

• (2) There will be no discovery or disclosure, except that the arbitrator has the power to order the parties to produce such documents as are reasonably requested by another party no later than the statement of reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders should be made by way of a redfern schedule without any hearing.

• (3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales and/or procedure—

• (a) if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then;

• (b) only for such a period that is necessary to achieve fairness between the parties.

• (4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.

Costs

6

• (1) The costs of the arbitration will include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration.

• (2) Subject to sub-paragraph (3), the arbitrator will award recoverable costs on the general principle that each party should bear its own costs.

• (3) The arbitrator may depart from the general principle in sub-paragraph (2) and make such other costs award as it considers reasonable where a party has behaved unreasonably as defined within the National Planning Practice Guidance or such other guidance as may replace it.

Confidentiality

7

• (1) Subject to sub-paragraphs (2) and (3), any arbitration hearing and documentation will be confidential and will only be publicly disclosed where required by law or with the agreement of both parties.

• (2) The arbitrator may direct that the whole or part of a hearing is to be private or any documentation to be confidential where it is necessary in order to protect commercially sensitive information.

• (3) Nothing in this paragraph prevents any disclosure of a document by a party pursuant to an order of a court in England and Wales or where disclosure is required under any enactment.

SCHEDULE 14 — Marine Licence ORML2429G: Mona Offshore Wind Farm Generation Assets

PART 1 — Licensed marine activities

Interpretation

1

• (1) In this licence—

• “2004 Act” means the Energy Act 2004[^f00052];

• “2008 Act” means the Planning Act 2008;

• “2009 Act” means the Marine and Coastal Access Act 2009[^f00053];

• “address” includes any number or address used for the purposes of electronic transmission;

• “ancillary works” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order that are not development within the meaning of section 32 of the 2008 Act;

• “authorised deposits” means the substances and articles specified in paragraph 4 of Part 1 of this licence;

• “authorised scheme” means the authorised development described as Work No. 1 and the further associated development described in paragraph 3 of Part 1 of this licence or any part of that work or development;

• “buoy” means any floating device used for navigational purposes or measurement purposes, including wave buoys, LiDAR and guard buoys;

• “cable” means up to 400kV cables for the transmission of electricity and includes direct lay cables, cables laid in cable ducts or protective covers, and further includes fibre optic and other communications cables either within the cable or laid alongside;

• “cable crossings” means the crossing of existing sub-sea cables, pipelines or other existing infrastructure by the cables authorised by this Order together with cable protection;

• “cable protection” means measures to protect cables from physical damage including but not limited to concrete mattresses, with or without frond devices, and/or rock placement, the use of bagged solutions filled with grout or other materials;

• “commence” means the first carrying out of any licensed marine activities, save for non-intrusive pre-construction surveys, unexploded ordnance surveys and low order unexploded ordnance clearance, and “commenced” and “commencement” must be construed accordingly;

• “commercial operation” means in relation to any part of the authorised scheme the exportation, transmission or conversion, on a commercial basis, of electricity;

• “condition” means a condition in Part 2 of this licence;

• “electronic transmission” means a communication transmitted—by means of an electronic communications network; orby other means but while in electronic form;

• “environmental statement” means the document certified as the environmental statement by the Secretary of State under article 41 (certification of plans and documents etc) of this Order including the documents listed in Table 6 of Schedule 15;

• “foundation” means any one or more of: a multi-leg pin piled jacket, multi-leg suction bucket jacket, or gravity base foundation;

• “gravity base foundation” means a structure principally of steel, concrete, or steel and concrete with a base which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

• “HAT” means highest astronomical tide;

• “high order unexploded ordnance clearance” means an unexploded ordnance clearance method which intentionally seeks to detonate the unexploded ordnance;

• “inter-array cables” means the cables linking the wind turbine generators to each other and to the offshore substation platforms;

• “interconnector cables” means the cables linking the offshore substation platforms to each other;

• “jacket foundation” means a steel jacket/lattice-type structure constructed of steel, fixed to the seabed with steel pin piles or steel suction buckets and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

• “LAT” means lowest astronomical tide;

• “layout principles” means the layout development principles contained within Table 3.7 of the environmental statement project description referred to as document F1.3 in Schedule 15;

• “LiDAR” means a light detection and ranging system used to measure weather and sea conditions;

• “licensed marine activities” means those activities detailed in paragraph 2 Part 1 of Schedule 14;

• “licensing authority” means Natural Resources Body for Wales acting on behalf of the Welsh Ministers pursuant to powers under the 2009 Act or any successor of that function;

• “low order unexploded ordnance clearance” means an unexploded ordnance clearance method which falls within the scope of the methods assessed by the environmental statement and which does not seek to detonate the unexploded ordnance;

• “maintain” includes works to:inspect, upkeep, repair, adjust or alter the authorised scheme; andremove, reconstruct or replace any part of the authorised scheme,provided that such works are undertaken in accordance with condition 10 and do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement; and any derivative of “maintain” is to be construed accordingly;

• “marine enforcement officer” means an officer acting on behalf of Welsh Ministers in relation to Welsh Minister’s enforcement responsibilities for this marine licence and “MEO” must be construed accordingly;

• “MCA” means the Maritime and Coastguard Agency, the executive agency of the Department for Transport;

• “measures to minimise disturbance to marine mammals and rafting birds from transiting vessels” means the document certified as the measures to minimise disturbance to marine mammals and rafting birds from transiting vessels by the Secretary of State under article 41 for the purposes of this Order;

• “NRW” means Natural Resources Body for Wales or any successor body to its functions;

• “offshore in-principle monitoring plan” means the document certified as the offshore in-principle monitoring plan by the Secretary of State under rticle 41 for the purposes of this Order;

• “offshore order limits and grid coordinates plan” means the document certified as the offshore order limits and grid coordinates plan by the Secretary of State under article 41 for the purposes of this Order;

• “offshore substation platform” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and open with modular equipment or fully clad, containing—electrical equipment required to switch, transform or convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation, including high voltage power transformers, high voltage switchgear and busbars, substation auxiliary systems and low voltage distribution, instrumentation, metering equipment and control systems, standby generators, shunt reactors, auxiliary and uninterruptible power supply systems; andaccommodation, storage, workshop auxiliary equipment and facilities for operating, maintaining and controlling the substation or wind turbine generators, including navigation, aviation and safety marking and lighting, systems for vessel access and retrieval, cranes, potable water supply, black water separation, stores, fuels and spares, communications systems and control hub facilities and other associated equipment and facilities;

• “offshore surface structures” means offshore substation platforms and wind turbine generators;

• “Order limits” means the limits shown on the offshore order limits and grid coordinates plan certified as the offshore order limits and grid co-ordinates plan by the Secretary of State under article 41 for the purposes of this Order within which the authorised project may be carried out;

• “outline fisheries liaison and co-existence plan” means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State under article 41 for the purposes of this Order;

• “outline marine mammal mitigation protocol” means the document certified as the outline marine mammal mitigation protocol by the Secretary of State under article 41 for the purposes of this Order;

• “outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State under article 41 for the purposes of this Order;

• “outline offshore written scheme of investigation for archaeology and protocol for archaeological discoveries” means the document certified as the outline offshore written scheme of investigation for archaeology and protocol for archaeological discoveries by the Secretary of State under article 41 for the purposes of this Order;

• “outline onshore written scheme of investigation” means the document certified as the outline onshore written scheme of investigation by the Secretary of State under article 41 for the purposes of this Order;

• “outline underwater sound management strategy” means the document certified as the outline underwater sound management strategy by the Secretary of State under article 41 for the purposes of this Order;

• “outline vessel traffic management plan” means the document certified as the outline vessel traffic management plan by the Secretary of State under article 41 for the purposes of this Order;

• “operation” means the undertaking of activities authorised by this Order which are not part of the construction, commissioning or decommissioning of the authorised scheme;

• “pin piles” means steel or concrete cylindrical piles driven and/or drilled into the seabed to secure jacket foundations;

• “scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed including by the use of bagged solutions, filled with grout or other materials, protective aprons, mattresses with or without frond devices, and rock and gravel placement;

• “statutory historic body” means CADW, Welsh Archaeological Trust, or Royal Commission on the Ancient and Historical Monuments of Wales, or the relevant successor bodies;

• “statutory nature conservation body” means the Joint Nature Conservation Committee (or the relevant successor body) or NRW;

• “suction bucket jacket foundation” means a tubular steel structure which partially or fully penetrates the seabed and associated equipment, including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

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

• “UKHO” means the United Kingdom Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;

• “undertaker” means Mona Offshore Wind Limited (company registration number 13497266) whose registered office address is Chertsey Road, Sunbury on Thames, Middlesex, United Kingdom, TW16 7BP;

• “vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water; and

• “wind turbine generator” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include J-tube(s), transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment including communications equipment, fixed to a foundation or transition piece.

• (2) In this licence a reference to any statute, order, regulation or similar instrument is a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

• (3) In this licence, unless otherwise indicated—

• (a) all times are Greenwich Mean Time (“GMT”);

• (b) all coordinates are latitude and longitude decimal degrees.

• (4) Unless otherwise stated or agreed with the licensing authority, all notifications must be sent by the undertaker to the licensing authority. Except where otherwise notified in writing by the relevant organisation, the addresses for correspondence for the purposes of this Schedule are—

• (a) Natural Resources Wales Marine Licensing Team

Email: marinelicensing@cyfoethnaturiolcymru.gov.uk

Tel: 0300 065 3000

Welsh Government Offices

Cathays Park

King Edward VII Avenue

Cardiff

CF10 3NQ

• (b) Maritime and Coastguard Agency

UK Technical Services Navigation

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Email: navigationsafety@mcga.gov.uk

• (c) Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900

Email: navigation@trinityhouse.co.uk

• (d) United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900

• (e) Welsh Government Marine Enforcement Officers

Welsh Government

Suite 3

Cedar Court

Haven’s Head Business Park

Milford Haven

Pembrokeshire

SA73 3LS

Tel: 03000253500

Email:wfmccmpc@gov.wales

• (f) Civil Aviation Authority

Aviation House

Beehive Ringroad

Crawley

West Sussex

Details of licensed marine activities

2

Subject to the conditions, this licence authorises the undertaker (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act—

• (a) the deposit at sea of the substances and objects specified in paragraph 4 below;

• (b) the construction of works in or over the sea or on or under the sea bed;

• (c) dredging for the purposes of seabed preparation for foundation works or cable works;

• (d) the removal of sediment samples for the purposes of informing environmental monitoring under this licence during pre-construction, construction and operation;

• (e) site clearance and preparation works including clearance of debris, boulder clearance and the removal of out of service cables and static fishing equipment;

• (f) low order unexploded ordnance clearance;

• (g) the use of extracted seabed material within gravity base foundations; and

• (h) the disposal of up to 13,037,497 cubic metres of inert material of natural origin within Work No. 1 produced during construction drilling or seabed preparation for foundation works, cable works and boulder clearance works.

3

Such activities are authorised in relation to the construction, maintenance and operation of the authorised scheme being an offshore wind generating station with electrical output capacity of over 350 mega watts comprising—

4

The substances and objects authorised for deposit at sea are—

• (a) iron, steel, copper and aluminium;

• (b) stone and rock;

• (c) concrete and grout;

• (d) sand and gravel;

• (e) plastic and synthetic;

• (f) material extracted from within Work No. 1 during construction drilling or seabed preparation for foundation works and cable sandwave preparation works; and

• (g) marine coatings, other chemicals and timber.

5

The licenced marine activities set out in paragraph 2 must be located within Work No. 1 being the area described by the co-ordinates set out in Table 3 below—

Point	Latitude WGS84	Longitude WGS84
1	53.6363894	-4.0563946
2	53.7088426	-4.0581057
3	53.7804251	-4.0602816
4	53.7909267	-4.0573473
5	53.7909295	-4.0573466
6	53.8087168	-4.0364299
7	53.8074112	-3.9392126
8	53.7607763	-3.8626603
9	53.7607757	-3.8626596
10	53.7384537	-3.8261066
11	53.6900718	-3.8251539
12	53.6513598	-3.8014256
13	53.6102634	-3.8006428
14a	53.6114805	-3.8832447
15a	53.6295993	-4.0090005

6

This licence remains in force until the authorised scheme has been decommissioned in accordance with the provisions of Schedule 2, requirement 20 of the Order and in accordance with a programme approved by the Secretary of State under section 106 (approval of decommissioning programmes) of the 2004 Act including any modification to the programme under section 108 (reviews and revisions of decommissioning programmes) of the 2004 Act, and the completion of such programme has been confirmed by the Secretary of State in writing.

7

The provisions of section 72 (variation, suspension, revocation and transfer) of the 2009 Act apply to this licence except that the provisions of section 72(7) and (8) relating to the transfer of the licence apply only to a transfer not falling within article 7 (benefit of order) of the Order.

8

With respect to any condition which requires the licensed marine activities be carried out in accordance with the details, plans or schemes approved under this licence, the approved details, plans or schemes are taken to include any amendments that may subsequently be approved in writing by the licensing authority.

PART 2 — Conditions

Design parameters

9

• (1) The authorised scheme must be constructed in accordance with the parameters assessed in the environmental statement and set out in Table 4 below.

• (2) The parameters in Table 4 do not allow works in relation to wind turbine generators that give rise to any materially new or materially different environmental effects to those identified in the environmental statement based upon the two assessed scenarios set out in Table 3.5 of the environmental statement.

Parameter	Value
Maximum number of wind turbine generators	96
Maximum height of wind turbine generators when measured from LAT to the tip of the vertical blade (metres)	364
Maximum rotor diameter of each wind turbine generator (metres)	320
Maximum rotor swept area (square metres)	5,468,884
Minimum distance from LAT to the lowest point of the rotating blade for each turbine (metres)	34
Minimum distance between rows of offshore surface structures (metres)	1,400
Minimum distance between offshore surface structures within a row (metres)	1,400
Maximum diameter of pin piles for wind turbine generators on jacket pin pile foundation (metres)	5.5
Maximum diameter of gravity base at the seabed for wind turbine generators on gravity base foundations (metres)	49
Maximum diameter of buckets for wind turbine generators on suction bucket jackets (metres)	18
Maximum diameter of pin piles for offshore substation platform on jacket pin pile foundations (metres)	5.5
Maximum diameter of gravity base at the seabed for offshore substation platforms on gravity base foundations (metres)	80
Maximum volume of extracted material to be used in gravity base foundations (cubic metres)	490,000
Maximum diameter of buckets for offshore substation platforms on suction bucket jackets (metres)	18
Maximum total seabed footprint for wind turbine generators (including scour protection) (square metres)	735,488
Maximum number of offshore substation platforms	4
Maximum dimensions of offshore substation platforms (excluding towers, helipads, masts, and cranes):
Height of main structure when measured from LAT (metres)	70
Length (metres)	80
Width (metres)	60
Maximum total seabed footprint area for offshore substation foundations (including scour protection) (square metres)	24,964
Maximum volume of scour protection for offshore substation foundations (cubic metres)	58,361
Maximum volume of scour protection for wind turbine generators (cubic metres)	1,701,998
Maximum total length of cables within Work No. 1 (inter-array and interconnector) (kilometres)	325
Maximum total length of interconnector cables (kilometres)	50
Maximum length of inter-array cables (kilometres)	325
Maximum number of cable crossings (inter-array)	67
Maximum number of cable crossings (interconnector)	10
Maximum volume of cable protection for cables within Work No.1 (inter-array and interconnector) (cubic metres)	1,053,420
Maximum total seabed footprint of cable protection for cables within Work No. 1 (inter-array and interconnector) (square metres)	627,960

Maintenance of the authorised scheme

10

• (1) The undertaker may at any time maintain the authorised scheme, so far as is consistent with the provisions of this licence and except to the extent that this marine licence or an agreement made under this marine licence provides otherwise.

• (2) Maintenance works include but are not limited to—

• (a) major wind turbine component or offshore substation platform replacement;

• (b) painting and applying other coatings to wind turbine generators or offshore substation platforms;

• (c) bird waste and marine growth removal;

• (d) cable remedial burial;

• (e) cable repairs and replacement;

• (f) access ladder and boat landing replacement;

• (g) wind turbine generator and substation platform anode replacement; and

• (h) j-tube repair/replacement.

• (3) An offshore operations and maintenance plan in accordance with the outline offshore operations and maintenance plan must be submitted to the licensing authority for approval in writing at least four months prior to commencement of the operation of licensed activities and be provided for review and resubmission every three years during the operational phase. Maintenance must be carried out in accordance with the approved plans.

Extension of time periods

11

Any time period given in this marine licence to the undertaker may be extended with the agreement of the licensing authority, such agreement not to be unreasonably withheld or delayed.

Notifications and inspections

12

• (1) The undertaker must ensure that—

• (a) a copy of this marine licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to—

• (i) all agents and contractors notified to the licensing authority in accordance with condition 22; and

• (ii) the masters and transport managers responsible for the vessels notified to the licensing authority in accordance with condition 22.

• (2) Only those persons and vessels notified to the licensing authority in accordance with condition 22 are permitted to carry out the licensed marine activities.

• (3) Copies of this marine licence must also be available for inspection at the following locations—

• (a) the undertaker’s registered address;

• (b) any site office located at or adjacent to the construction site and used by the undertaker or its agents and contractors responsible for the loading, transportation or deposit of the authorised deposits; and

• (c) on board each vessel and at the office of any transport manager with responsibility for vessels from which authorised deposits or removals are to be made.

• (4) The information referred to in sub-paragraph (1)(a) must be available for inspection by officers appropriately authorised by the licensing authority and authorised MEOs at the locations set out in sub-paragraph (3)(b).

• (5) The undertaker must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the licensing authority or the MEO considers necessary to inspect the works during the construction and operation of the authorised scheme.

• (6) The undertaker must inform the licensing authority and the MEO in writing at least 10 days prior to the commencement of the authorised scheme or any part of them and within 10 days of the completion of the construction of the authorised scheme.

• (7) The undertaker must inform the Kingfisher Information Service of Seafish by email to kingfisher@seafish.co.uk of details of the vessel routes, timings and locations relating to the construction of the authorised scheme or relevant part—

• (a) at least 14 days prior to the commencement of licenced marine activities, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data;

• (b) as soon as reasonably practicable and no later than 24 hours following completion of the construction of the authorised scheme,

and confirmation of notification must be provided to the licensing authority within five days.

• (8) The undertaker must ensure that a local notification to mariners is issued at least 14 days prior to any of the non-intrusive pre-construction surveys, unexploded ordnance surveys and low order unexploded ordnance clearance taking place and prior to the commencement of the authorised scheme or any part thereof advising of its start date and the expected vessel routes from the construction ports to the relevant location. Copies of all notices must be provided to the licensing authority, MCA, Trinity House and UKHO within five days of the notifications being sent.

• (9) The undertaker must ensure that local notifications to mariners are updated and reissued at regular intervals during the pre-construction surveys, unexploded ordnance surveys low order unexploded ordnance clearance and construction activities and at least five days before any planned operations and maintenance works (or otherwise agreed) and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under condition 17(1)(b). Copies of all notices must be provided to the licensing authority, and UKHO within five days of the notification being sent.

• (10) The undertaker must notify UKHO within 14 days of completion of the construction of the authorised scheme or any part thereof in order that all necessary amendments to nautical charts are made. Copies of all notices must be provided to the licensing authority, the MEO, and MCA within five days of the notification being sent.

• (11) In case of damage to, or destruction or decay of, the authorised scheme or any part thereof, excluding the exposure of cables and cable faults, the undertaker must as soon as reasonably practicable and no later than 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify the licensing authority, the MEO, MCA, Trinity House, the Kingfisher Information Service of Seafish, UKHO and the regional fisheries contact.

• (12) In case of buried cables becoming exposed on or above the seabed, the undertaker must within three days following identification of exposure of cables or cable faults, notify regional fisheries contacts and inform the Kingfisher Information Service of Seafish of the location and extent of exposure or cable faults. Copies of all such notices must be provided to the licensing authority, the MEO, MCA, Trinity House, and UKHO within five days of the notification being sent.

Colouring of structures

13

• (1) Except as otherwise required by Trinity House the undertaker must paint all structures forming part of the authorised scheme yellow (colour code RAL 1023) from at least HAT to a height as directed by Trinity House.

• (2) Unless the licensing authority otherwise directs, the undertaker must paint the remainder of the structures forming part of the authorised scheme grey (colour code RAL 7035).

Aids to navigation

14

• (1) The undertaker must during the period from commencement of construction of the authorised scheme to completion of decommissioning of the authorised scheme exhibit such lights, marks, sounds, signals and other aids to navigation, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

• (2) The undertaker must during the whole period from commencement of construction of the authorised scheme to completion of decommissioning of the authorised scheme keep Trinity House and the licensing authority informed of progress of the authorised scheme including—

• (a) notice of commencement of construction of the authorised project within 24 hours of commencement having occurred;

• (b) notice within 24 hours of any aids to navigation being established by the undertaker; and

• (c) notice within five days of completion of construction of the authorised project.

• (3) The undertaker must provide reports to Trinity House on the availability of aids to navigation in accordance with the frequencies set out in the aids to navigation management plan agreed pursuant to condition 17(1)(g) using the reporting system provided by Trinity House or otherwise agreed in writing.

• (4) The undertaker must during the whole period from commencement of the authorised scheme to completion of decommissioning of the authorised scheme notify Trinity House and the licensing authority of any failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.

• (5) In the event that the provisions of conditions 12(11) or 12(12) are invoked, the undertaker must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.

Chemicals, drilling and debris

15

• (1) Unless otherwise agreed in writing by the licensing authority, the carriage and use of chemicals in the construction of the authorised scheme must comply with the International Convention for the Prevention of Pollution from Ships of 1997.

• (2) The undertaker must ensure that any coatings and treatments are suitable for use in the marine environment and are used in accordance with recognised best practice.

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

• (4) The undertaker must inform the licensing authority in writing of the time, date, location and quantities of material disposed of each month under this licence by submission of a disposal return by 31 January each year for the months July to December inclusive, and by 31 July each year for the months January to June inclusive.

• (5) The undertaker must ensure that only inert material of natural origin, produced during the drilling installation of or seabed preparation for foundations, and drilling mud is disposed of within the Order limits.

• (6) The undertaker must ensure that any rock material used in the construction of the authorised scheme is from a recognised source, free from contaminants and containing minimal fines.

• (7) The undertaker must ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete and cement mixing and washing areas must be contained to prevent run off entering the water through the freeing ports.

• (8) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment is reported to the licensing authority in accordance with the marine pollution contingency plan agreed under condition 17(1)(e)(i).

Force majeure and dropped objects

16

• (1) All dropped objects, materials and deposits must be notified to the licencing authority in accordance with the dropped objects plan and if—

• (a) due to stress of weather or any other cause, the master of a vessel determines that it is necessary to deposit the authorised deposits within or outside of the Order limits because the safety of human life or if the vessel is threatened, within 48 hours the undertaker must notify full details of the circumstances of the deposit to the licensing authority, the MEO, Trinity House and the MCA; or

• (b) any rock material used in the construction of the authorised scheme is misplaced or lost within the Order limits, the undertaker must report the loss in writing to the licencing authority, the MEO, Trinity House and the MCA within 48 hours of becoming aware of it.

• (2) If the licencing authority considers such objects, materials or deposits notified pursuant to paragraph (1) constitute a navigation or environmental hazard (dependent on the size and nature of the material) the undertaker must locate the relevant object, material or deposit and recover it at its own expense unless otherwise approved in writing by the licencing authority.

• (3) On receipt of a notice pursuant to paragraph (1) the licencing authority may require relevant surveys to be carried out by the undertaker (such as side scan sonar) at the undertaker’s expense.

Pre-construction plans and documentation

17

• (1) No part of the authorised scheme may commence until the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the licensing authority (in consultation with the relevant statutory historic body, the statutory nature conservation body, Trinity House or the MCA as appropriate)—

• (a) a design plan at a scale of between 1:25,000 and 1:50,000 in accordance with the layout principles, including detailed representation on the most suitably scaled admiralty chart, setting out proposed details of the authorised scheme, including the:

• (i) number, dimensions, specification, foundation type(s) and depth for each wind turbine generator and offshore substation platform;

• (ii) confirmation of whether Work No. 1 (c) and (d) are to be constructed under this marine licence;

• (iii) the proposed layout of all wind turbine generators and offshore substation platforms (which shall be in accordance with the recommendations for layout contained in MGN654 and its annexes), including grid coordinates of the centre point of the proposed location for each wind turbine generator and offshore substation platform subject to up to 55 metre micro-siting in any direction unless otherwise agreed in writing with the licensing authority in consultation with the MCA and Trinity House;

• (iv) proposed layout of all cables;

• (v) location and specification of all other aspects of the authorised scheme; and

• (vi) any archaeological exclusion zones;

to ensure conformity with the description of Work No. 1 and compliance with conditions 9 and 10 and any wake effects plan approved by the Secretary of State in accordance with requirement 29;

• (b) a construction programme to include details of—

• (i) the proposed date of commencement of the authorised scheme;

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

• (iii) an indicative written construction programme for all wind turbine generators and offshore substation platforms forming part of the authorised scheme and licensed marine activities;

• (c) a monitoring plan in accordance with the offshore in-principle monitoring plan and including details of proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction monitoring and related reporting in accordance with conditions 23, 24, 25 to be submitted to the licensing authority in accordance with the following unless otherwise agreed in writing with the licensing authority—

• (i) at least four months prior to the first survey, detail of the pre-construction surveys and an outline of all proposed monitoring;

• (ii) at least four months prior to commencement of construction, detail on construction monitoring;

• (iii) at least four months prior to the authorised scheme being brought into commercial operation scheme, details of post-construction monitoring, if required;

• (d) an offshore construction method statement in accordance with the construction methods assessed in the environmental statement, including details of—

• (i) cable specification, installation and monitoring, to include—

• (aa) the technical specification of the inter-array cables and interconnector cables as relevant;

• (bb) a detailed cable specification and installation plan for the authorised scheme, incorporating a cable burial risk assessment encompassing the identification of any cable protection that exceeds 5 percent of navigable depth referenced to Chart Datum and, in the event that any area of cable protection exceeding 5 percent of navigable depth is identified details of any steps (to be determined following consultation with the MCA and Trinity House) to be taken to ensure existing and future safe navigation is not compromised or similar, such assessment to ascertain suitable burial depths and cable laying techniques including cable protection; and

• (cc) details of cable monitoring including details of cable protection until the authorised scheme is decommissioned which includes a risk-based approach to the management of unburied or shallow buried cables;

• (ii) scour protection management and cable protection management including details of the need, type, sources, quantity and installation methods for scour protection and cable protection, (with details updated and resubmitted for approval if changes to scour and cable protection management are proposed following cable laying operations);

• (iii) foundation installation methodology, including drilling methods and disposal of drill arisings and material extracted during seabed preparation for foundation and cable installation works;

• (iv) contractors;

• (v) associated ancillary works; and

• (vi) guard vessels to be employed;

• (e) an offshore environmental management plan covering the period of construction and operation to include details of—

• (i) a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents during construction and operation of the authorised scheme in relation to all activities carried out;

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

• (iii) waste management and disposal arrangements;

• (iv) the appointment and responsibilities of a fisheries liaison officer;

• (v) a fisheries liaison and coexistence plan in accordance with the outline fisheries liaison and co-existence plan, to ensure relevant fishing fleets are notified of commencement of the authorised scheme pursuant to condition 12(8) and to address the interaction of the construction of the authorised scheme with fishing activities;

• (vi) measures to minimise disturbance to marine mammals and rafting birds from transiting vessels; and

• (vii) measures to minimise the potential spread of invasive non-native species;

• (f) an offshore written scheme of investigation for archaeology and protocol for archaeological discoveries in relation to the Order limits, in accordance with the outline offshore written scheme of investigation and protocol for archaeological discoveries and industry good practice and including—

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

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

• (iii) archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the licensing authority within four months of any survey being completed;

• (iv) delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones;

• (v) monitoring of archaeological exclusion zones during and post construction where required;

• (vi) a requirement for the undertaker to ensure that a copy of any agreed archaeological report is deposited with the National Record of the Historic Environment, by submitting an OASIS (Online Access to the Index of archaeological investigations) form with a digital copy of the report within six months of completion of construction of the authorised scheme, and to notify the licensing authority that the OASIS form has been submitted to the National Record of the Historic Environment within two weeks of submission;

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

• (viii) a timetable for all further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the offshore Order limits and the approval of any necessary mitigation required as a result of the further site investigations prior to commencement of construction of the authorised scheme;

• (g) an aids to navigation management plan specifying how the undertaker will ensure compliance with condition 14 from the commencement of construction of the authorised scheme to the completion of decommissioning of the authorised scheme;

• (h) in the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol in accordance with the outline marine mammal mitigation protocol, the intention of which is to prevent injury to marine mammals, following current best practice as advised by the statutory nature conservation body;

• (i) a dropped objects plan;

• (j) a vessel traffic management plan in accordance with the outline vessel traffic management plan;

• (k) a vessel traffic monitoring strategy in accordance with the offshore in-principle monitoring plan; and

• (l) a compliance report in respect of the conditions to be discharged.

18

• (1) Each programme, statement, plan, protocol or scheme required to be approved under condition 17 must be submitted for approval at least four months before the intended commencement of licensed marine activities, except where otherwise stated or unless otherwise agreed in writing by the licensing authority.

• (2) The licensed marine activities must be carried out in accordance with the plans, protocols, statements, schemes and details approved under condition 17, unless otherwise agreed in writing by the licensing authority.

Underwater Sound Management Strategy

19

• (1) No piling activities or low order unexploded ordnance clearance can commence until for those activities an underwater sound management strategy in accordance with the outline underwater sound management strategy has been submitted to and approved in writing by the licencing authority in consultation with the statutory nature conservation body.

• (2) The underwater sound management strategy must be submitted to the licensing authority no later than four months prior to the commencement of the relevant activities unless otherwise agreed in writing by the licensing authority.

• (3) Piling activities or low order unexploded ordnance clearance must be carried out in accordance with the approved underwater sound management strategy, unless otherwise agreed in writing by the licensing authority.

Low order unexploded ordnance clearance

20

• (1) No low order unexploded ordnance clearance activities can commence until for those activities the following have been submitted to and approved in writing by the licensing authority in consultation with the statutory nature conservation body and, in respect of the method statement, the MCA—

• (a) a method statement for low order unexploded ordnance clearance which must include—

• (i) methodologies for—

• (aa) identification and investigation of potential unexploded ordnance targets;

• (bb) low order unexploded ordnance clearance;

• (cc) removal and disposal of large debris;

• (ii) a plan showing the area in which clearance activities are proposed to take place;

• (iii) confirmation of the total number of unexploded ordnance to be cleared under this licence using low order methods;

• (iv) a programme of works; and

• (v) any exclusion zones and/or environmental micrositing requirements;

• (b) a specific offshore written scheme of investigation and protocol for archaeological discoveries (which must accord with the details set out in the outline offshore written scheme of investigation and protocol for archaeological discoveries); and

• (c) a marine mammal mitigation protocol in accordance with the outline marine mammal mitigation protocol, the intention of which is to prevent injury to marine mammals, following current best practice as advised by the statutory nature conservation body.

• (2) The method statement and the marine mammal mitigation protocol must be submitted to the licensing authority for approval at least four months prior to the date on which unexploded ordnance clearance activities are intended to commence.

• (3) Any unexploded ordnance clearance activities must be undertaken in accordance with the method statement and marine mammal mitigation protocol approved under paragraph (1) and must not give rise to any materially new or materially different environmental effects to those identified in the environmental statement.

• (4) Subject to paragraph (6), an unexploded ordnance close-out report must be submitted to the licensing authority and the statutory nature conservation body within three months following the end of the unexploded ordnance clearance activity and must include the following for each clearance undertaken—

• (a) co-ordinates, depth, current speed, charge utilised and the date and time of each clearance; and

• (b) whether any mitigation was deployed including feedback on practicalities of deployment of equipment and efficacy of the mitigation where reasonably practicable, or justification if this information is not available.

• (5) Should there be more than one unexploded ordnance clearance activity, the report required under paragraph (5) will be provided at intervals agreed with the licensing authority.

• (6) No high order unexploded ordnance clearance is permitted by this marine licence.

• (7) The total number of unexploded ordnance to be cleared under this licence using low order methods must not exceed 22.

Offshore safety management

21

No part of the authorised project may commence until the licencing authority, in consultation with the MCA, has approved in writing that a Search and Rescue checklist has been agreed and is in place in line the requirements of MGN654 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response” (or any successor document).

Reporting of engaged agents, contractors and vessels

22

• (1) The undertaker must provide the name, function, company number (if applicable), registered or head office address (as appropriate) of any agent or contractor appointed to engage in the licensed marine activities within seven days of appointment in writing to the licencing authority and the MEO.

• (2) The undertaker must notify the licencing authority and the MEO in writing of any vessel being used to carry on any licensed marine activity listed in this licence on behalf of the undertaker. Such notification must be received by the licencing authority and the MEO no less than 24 hours before the commencement of the licensed marine activity. Notification must include the master’s name, vessel type, vessel IMO number and vessel owner or operating company.

• (3) Any changes to the supplied details must be notified to the licencing authority and the MEO in writing at least 24 hours before the agent, contractor or vessel engages in the licensed marine activities.

Pre-construction surveys

23

• (1) The undertaker must, in discharging condition 17(1)(c) submit a monitoring plan or plans in accordance with the offshore in-principle monitoring plan for written approval by the licensing authority in consultation with the statutory nature conservation body, which must contain details of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report.

• (2) The survey proposals submitted under paragraph (1) must be in general accordance with the principles set out in the offshore in-principle monitoring plan and must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position or will enable the validation or otherwise of key predictions in the environmental statement.

• (3) The baseline report proposals submitted under paragraph (1) must ensure that the outcome of the agreed surveys, together with existing data and reports, are drawn together to present a valid statement of the pre-construction position, with any limitations, and must make clear what post-construction comparison is intended and the justification for this being required.

• (4) The pre-construction surveys referred to in paragraph (1) must, unless otherwise agreed with the licensing authority, have due regard to, but not be limited to, the need to undertake a swath-bathymetry survey to IHO Order 1a standard that meets the requirements of MGN654 and its supporting Hydrographic Guidelines for Offshore Renewable Energy Developers, which includes the requirement for the full density data and reports to be delivered to the MCA and the UKHO for the update of nautical charts and publications, and side scan sonar, of the area(s) within the Order limits in which it is proposed to carry out construction works including an appropriate buffer area around the location of each work.

• (5) The undertaker must carry out the surveys specified within the monitoring plan or plans in accordance with that plan or plans, unless otherwise agreed in writing by the licensing authority in consultation with the statutory nature conservation body.

Construction monitoring

24

• (1) The undertaker must, in discharging condition 17(1)(c), submit details (which accord with the offshore in-principle monitoring plan) for approval in writing by the licensing authority in consultation with the relevant statutory nature conservation bodies of any proposed construction monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The monitoring proposals must specify each monitoring proposal’s objectives.

• (2) In the event that driven or part-driven pile foundations are proposed, such monitoring must include measurements of underwater sound generated by the installation of the first four piled foundations of each piled foundation type to be installed unless the licensing authority otherwise agrees in writing.

• (3) The undertaker must carry out the monitoring approved under paragraph (1), including any further underwater sound monitoring required in writing by the licensing authority, and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the licensing authority in consultation with the relevant statutory nature conservation bodies.

• (4) The results of the initial underwater sound measurements monitored in accordance with paragraph (2) must be provided to the licensing authority within six weeks of the installation of the first four piled foundations. The assessment of this report by the licensing authority will determine whether any further underwater sound monitoring is required. If, in the reasonable opinion of the licensing authority in consultation with the statutory nature conservation body, the assessment shows significantly different underwater sound modelling results to those predicted and assessed in the environmental statement or failures in mitigation, all piling activity must cease until an update to the marine mammal mitigation protocol and further monitoring requirements have been agreed.

• (5) The undertaker must carry out the surveys specified in the monitoring plan in accordance with that plan, including any further underwater sound monitoring required in writing by the licensing authority under paragraph (4), unless otherwise agreed in writing by the licensing authority in consultation with the statutory nature conservation body.

• (6) In the event that piled foundations are proposed to be used, the details submitted in accordance with the marine mammal mitigation protocol must include proposals for monitoring marine mammals.

• (7) The undertaker must in discharging condition 17(1)(k) submit a vessel traffic monitoring strategy, in accordance with the offshore in-principle monitoring plan, including the provision of reports on the results of that monitoring at the end of each year of the construction period to the licensing authority, MCA and Trinity House and undertake construction monitoring in accordance with the vessel traffic monitoring strategy.

Post-construction monitoring

25

• (1) The undertaker must, in discharging condition 17(1)(c) submit details (which accord with the offshore in-principle monitoring plan) for approval in writing by the licensing authority in consultation with the statutory nature conservation body of proposed post-construction monitoring, including methodologies and timings, and a proposed format, content and timings for providing reports on the results.

• (2) The monitoring proposals must specify each monitoring proposal’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

• (3) The post-construction monitoring referred to in paragraph (1) must, unless otherwise agreed in writing with the licensing authority, have due regard to, but not be limited to, the need to undertake, within 12 months of completion of the construction of the authorised project, a full sea floor coverage swath-bathymetry survey that meets the requirements of MGN 654 and its annexes, and side scan sonar, of the area(s) within the Order limits in which construction works were carried out to assess any changes in bedform topography and such further monitoring or assessment as may be agreed to ensure that cables (including fibre optic cables) have been buried or protected.

• (4) The undertaker must in discharging condition 17(1)(k) submit a vessel traffic monitoring strategy in accordance with the offshore in-principle monitoring plan including the provision of reports on the results of that monitoring to the licencing authority, MCA and Trinity House and undertake post-construction monitoring in accordance with the vessel traffic monitoring strategy.

• (5) The undertaker must carry out the monitoring agreed under paragraph (1) and provide the agreed reports to the licensing authority in the agreed format in accordance with the agreed timetable unless otherwise agreed in writing with the licensing authority in consultation with the statutory nature conservation body.

• (6) Following the installation of cables, details of cable monitoring required under 17(1)(d) must be updated with the results of the post installation surveys. The construction method statement must be implemented until the authorised scheme is implemented and reviewed as specified within the construction method statement, following cable burial surveys, or as instructed by the licensing authority.

Reporting of scour and cable protection

26

• (1) Not more than four months following completion of the construction of the authorised scheme, the undertaker must provide the licensing authority and the statutory nature conservation body with a report setting out details of the cable protection and scour protection used for the authorised scheme.

• (2) The report must include the following information—

• (a) the location of cable protection and scour protection;

• (b) the volume of cable protection and scour protection; and

• (c) any other information relating to the cable protection and scour protection as agreed between the licensing authority and the undertaker.

Completion of construction

27

• (1) The undertaker must submit a close-out report to the licensing authority, MCA, Trinity House, UKHO and the statutory nature conservation body within four months of the date of completion of construction of the authorised scheme. The close out report must confirm the date of completion of construction of the authorised scheme and must include the following details—

• (a) the final number of installed wind turbine generators;

• (b) the installed wind turbine generator parameters;

• (c) as built plans;

• (d) latitude and longitude coordinates of the centre point of the location for each wind turbine generator and offshore substation platform provided as Geographical Information System data referenced to WGS84 datum; and

• (e) latitude and longitude coordinates of the inter-array and interconnector cables; provided as Geographical Information System data referenced to WGS84 datum.

• (2) Following completion of construction of the authorised scheme, no further construction activities can be undertaken under this licence.

Marine Noise Registry

28

• (1) Where driven or part-driven pile foundations are proposed to be installed the undertaker must at least 10 days prior to the start of those activities, submit details including the expected location of the activities and the start and end dates of the activities to the Marine Noise Registry to satisfy the Forward Look requirements and update that information as required if the expected location or start and end dates change.

• (2) On the six month anniversary following the start of pile driving the undertaker must submit information on the locations and dates of those activities to the Marine Noise Registry to satisfy the Close Out requirements until completion of those activities.

• (3) Notwithstanding paragraph (2) within 8 weeks of the completion of pile driving the undertaker must submit information on the locations and dates of those activities to satisfy the Close Out requirements:

• (4) The undertaker must notify the licensing authority of the successful submission of Forward Look or Close Out information pursuant to paragraphs (1) to (3) above within seven days of the submissions to the Marine Noise Registry.

• (5) For the purpose of this condition—

• (a) “Marine Noise Registry” means the database of impulsive noise generating activities in UK seas maintained by the Joint Nature Conservation Committee;

• (b) “Forward Look” and “Close Out” requirements are as set out in the ‘UK Marine Noise Registry: Information Document, Version 1 (May 2016)’ or any updated information document.

Requirement for written approval

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Where under any of the above conditions the approval or agreement of the licensing authority is required, that approval or agreement must be given in writing.

SCHEDULE 15 — Documents to be certified

The following documents, including those listed in Table 5, are the list referred to in article 41—