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Article 32

SCHEDULE 13E+WDeemed Licence under the 2009 Act –Project Interconnector assets (Scenario 1)

PART 1E+WInterpretation

1.—(1) In this licence—E+W

the 2004 Act” means the Energy Act 2004;

the 2008 Act” means the Planning Act 2008;

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

the 2011 Regulations” means the Marine Licensing (Licence Application Appeals) Regulations 2011(1);

the 2017 Regulations” means the Conservation of Offshore Marine Habitats and Species Regulations 2017(2);

offshore service platform” means a platform to house workers offshore and/or provide refuelling facilities and sheltering facilities for helicopters;

authorised deposits” means the substances and articles specified in paragraph 5 of Part 2 of this licence;

authorised scheme” means Work No. 3B described in Part 3 of this licence or any part of that work;

cable protection” means measures for offshore cable crossings and where cable burial is not possible due to ground conditions or approaching offshore structures, to protect cables and fibre optic cables and prevent loss of seabed sediment by use of grout bags, protective aprons, mattresses, flow energy dissipation (frond) devices or rock and gravel dumping;

commence” means the first carrying out of any part of the licensed activities save for pre-construction surveys and monitoring and “commenced” and “commencement” must be construed accordingly;

condition” means a condition in Part 4 of this licence;

Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield, West Midlands B75 7RL and any successor body to its functions;

Development Principles” means the document certified as the Development Principles by the Secretary of State for the purposes of the Order;

enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 of Part 4 (marine licensing) of the 2009 Act;

environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order;

Kingfisher Fortnightly Bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO for the purposes of this licence;

licensed activities” means the activities specified in Part 3 of this licence;

maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace (but only in relation to any of the ancillary works in Part 2 of Schedule 1 (ancillary works), any cable, and any component part of any wind turbine generator, offshore electrical substation, offshore service platform or meteorological mast described in Part 1 of Schedule 1 (authorised development) not including the alteration, removal or replacement of foundations), to the extent assessed in the environmental statement; and “maintenance” is construed accordingly;

“Marine Management Organisation” or “MMO” means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence;

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

MCA” means the Maritime and Coastguard Agency;

“mean high water springs” or “MHWS” means the highest level which spring tides reach on average over a period of time;

Norfolk Boreas Offshore Wind Farm” means the offshore wind farm authorised pursuant to the Order

Norfolk Vanguard Offshore Wind Farm” means the offshore wind farm for which Norfolk Vanguard Limited has sought a development consent order pursuant to an application submitted to the Secretary of State on 26th June 2018;

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

offshore cables” means any cables offshore;

offshore in principle monitoring plan” means the document certified as the offshore in principle monitoring plan by the Secretary of State for the purposes of this Order;

offshore Order limits” means the limits shown on the works plan within which the authorised scheme may be carried out, whose grid coordinates are set out in Part 2 of this licence;

offshore service platform” means a platform to house workers offshore and/or provide refuelling facilities and sheltering facilities for helicopters;

the Order” means the Norfolk Boreas Offshore Wind Farm Order 2021;

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 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 for the purposes of the Order;

outline written scheme of investigation (offshore)” means the document certified as the outline written scheme of investigation (offshore) by the Secretary of State for the purposes of this Order;

relevant site” means a European offshore marine site or a European site as defined in the 2017 Regulations;

scenario 1” means the scenario in which the Norfolk Vanguard Offshore Wind Farm proceeds to construction and carries out enabling works, including the laying of onshore cable ducts, to benefit the Norfolk Boreas Offshore Wind Farm;

scour protection” means measures to prevent loss of seabed sediment around any marine structure placed in or on the seabed by use of protective aprons, mattresses with or without frond devices, or rock and gravel placement.

single offshore phase” means carrying out all offshore works as a single construction operation;

statutory historic body” means Historic Buildings and Monuments Commission for England (Historic England) or its successor in function;

statutory nature conservation body” means an organisation charged by government with advising on nature conservation matters;

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

UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;

undertaker” means Norfolk Boreas Limited (Company No. 03722058) whose registered office is at 5th Floor, 70 St Mary Axe, London EC3A 8BE;

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;

“work No. 3A” means a network of subsea cables and fibre optic cables within the area shown on the works plan comprising Work No. 2 and for the transmission of electricity and electronic communications between the offshore electrical platforms including one or more cable crossings, licensed under schedule 11 and schedule 12 of this Order;

works plan” means the plan certified as the works plan by the Secretary of State for the purposes of the Order.

Commencement Information

I1Sch. 13 Pt. 1 para. 1 in force at 1.1.2022, see art. 1

2.  A reference to any statute, order, regulation or similar instrument is construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.E+W

Commencement Information

I2Sch. 13 Pt. 1 para. 2 in force at 1.1.2022, see art. 1

3.  Unless otherwise indicated—E+W

(a)all times are taken to be Greenwich Mean Time (GMT); and

(b)all co-ordinates are taken to be latitude and longitude degrees and minutes to two decimal places.

Commencement Information

I3Sch. 13 Pt. 1 para. 3 in force at 1.1.2022, see art. 1

4.  Except where otherwise notified in writing by the relevant organisation, the primary points of contact with the organisations listed below and the addresses for returns and correspondence are—E+W

(a)Marine Management Organisation

Marine Licensing

Lancaster House

Hampshire Court

Newcastle Business Park

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032;

(b)Marine Management Organisation (local office)

Lowestoft Office

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 573 149;

(c)Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900;

(d)The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900;

(e)Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/20, Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: 020 3817 2426;

(f)Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244;

(g)Natural England

Area 1C, Nobel House

17 Smith Square

London

SW1P 2AL

Tel: 0300 060 4911;

(h)Historic England

Cannon Bridge House

25 Dowgate Hill

London

EC4R 2YA

Tel: 020 7973 3700

Commencement Information

I4Sch. 13 Pt. 1 para. 4 in force at 1.1.2022, see art. 1

PART 2E+WLicensed Marine Activities – General

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

Commencement Information

I5Sch. 13 Pt. 2 para. 1 in force at 1.1.2022, see art. 1

2.  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 only apply to a transfer not falling within article 6 (benefit of the Order).E+W

Commencement Information

I6Sch. 13 Pt. 2 para. 2 in force at 1.1.2022, see art. 1

3.  With respect to any condition which requires the licensed activities be carried out in accordance with the plans, protocols or statements approved under this Schedule, the approved details, plan or scheme are taken to include any amendments that may subsequently be approved in writing by the MMO.E+W

Commencement Information

I7Sch. 13 Pt. 2 para. 3 in force at 1.1.2022, see art. 1

4.  Any amendments to or variations from the approved plans, protocols or statements must be minor or immaterial and it must be demonstrated to the satisfaction of the MMO that they are unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.E+W

Commencement Information

I8Sch. 13 Pt. 2 para. 4 in force at 1.1.2022, see art. 1

5.  The substances or articles authorised for deposit at sea are—E+W

(a)iron and steel, copper and aluminium;

(b)stone and rock;

(c)concrete;

(d)sand and gravel;

(e)plastic and synthetic;

(f)material extracted from within the offshore Order limits during construction drilling or seabed preparation for foundation works and cable (including fibre optic cable) sandwave preparation works; and

(g)marine coatings, other chemicals and timber.

Commencement Information

I9Sch. 13 Pt. 2 para. 5 in force at 1.1.2022, see art. 1

6.  The grid coordinates for the authorised scheme are specified below—E+W

PointLatitude (DMS)Longitude (DMS)PointLatitude (DMS)Longitude (DMS)
153° 14′ 28.789″ N3° 3′ 31.257″ E14752° 53′ 29.821″ N2° 44′ 35.547″ E
252° 56′ 14.962″ N3° 8′ 41.012″ E14852° 53′ 31.210″ N2° 44′ 36.888″ E
352° 54′ 27.033″ N2° 58′ 15.457″ E14952° 53′ 32.585″ N2° 44′ 38.265″ E
452° 54′ 11.424″ N2° 58′ 22.820″ E15052° 53′ 33.947″ N2° 44′ 39.679″ E
552° 53′ 56.239″ N2° 58′ 29.982″ E15152° 53′ 35.295″ N2° 44′ 41.128″ E
652° 49′ 50.103″ N2° 56′ 54.167″ E15252° 53′ 36.630″ N2° 44′ 42.613″ E
752° 48′ 9.945″ N2° 51′ 14.086″ E15352° 53′ 37.949″ N2° 44′ 44.133″ E
852° 47′ 34.455″ N2° 46′ 27.112″ E15452° 53′ 39.254″ N2° 44′ 45.687″ E
952° 47′ 27.871″ N2° 45′ 34.063″ E15552° 53′ 40.543″ N2° 44′ 47.276″ E
1052° 47′ 16.559″ N2° 44′ 3.046″ E15652° 53′ 41.818″ N2° 44′ 48.898″ E
1152° 47′ 15.589″ N2° 43′ 55.247″ E15752° 53′ 43.076″ N2° 44′ 50.554″ E
1252° 47′ 15.589″ N2° 43′ 55.243″ E15852° 53′ 44.318″ N2° 44′ 52.243″ E
1352° 47′ 14.341″ N2° 43′ 45.216″ E15952° 53′ 45.543″ N2° 44′ 53.965″ E
1452° 47′ 13.615″ N2° 43′ 39.381″ E16052° 53′ 46.752″ N2° 44′ 55.719″ E
1552° 46′ 3.346″ N2° 34′ 18.016″ E16152° 53′ 47.944″ N2° 44′ 57.504″ E
1652° 47′ 9.359″ N2° 34′ 17.247″ E16252° 53′ 49.118″ N2° 44′ 59.321″ E
1752° 47′ 25.496″ N2° 34′ 17.365″ E16352° 53′ 50.275″ N2° 45′ 1.169″ E
1852° 49′ 38.834″ N2° 34′ 15.809″ E16452° 53′ 51.414″ N2° 45′ 3.046″ E
1952° 48′ 47.472″ N2° 33′ 28.343″ E16552° 53′ 52.534″ N2° 45′ 4.954″ E
2052° 48′ 3.133″ N2° 26′ 37.427″ E16652° 53′ 53.636″ N2° 45′ 6.891″ E
2152° 50′ 8.137″ N2° 24′ 33.205″ E16752° 53′ 54.719″ N2° 45′ 8.857″ E
2252° 50′ 8.399″ N2° 24′ 32.945″ E16852° 53′ 55.783″ N2° 45′ 10.851″ E
2352° 50′ 8.619″ N2° 24′ 32.726″ E16952° 53′ 56.827″ N2° 45′ 12.874″ E
2452° 50′ 9.644″ N2° 24′ 31.706″ E17052° 53′ 57.852″ N2° 45′ 14.923″ E
2552° 50′ 19.691″ N2° 24′ 21.712″ E17152° 53′ 58.857″ N2° 45′ 16.999″ E
2652° 50′ 19.704″ N2° 24′ 21.712″ E17252° 53′ 59.841″ N2° 45′ 19.102″ E
2752° 50′ 19.798″ N2° 24′ 21.712″ E17352° 54′ 0.806″ N2° 45′ 21.230″ E
2852° 53′ 42.801″ N2° 24′ 21.744″ E17452° 54′ 1.749″ N2° 45′ 23.384″ E
2952° 53′ 42.811″ N2° 24′ 21.744″ E17552° 54′ 2.672″ N2° 45′ 25.562″ E
3052° 54′ 35.314″ N2° 34′ 15.972″ E17652° 54′ 3.573″ N2° 45′ 27.765″ E
3152° 51′ 3.549″ N2° 34′ 15.852″ E17752° 54′ 4.453″ N2° 45′ 29.990″ E
3252° 51′ 3.549″ N2° 34′ 15.864″ E17852° 54′ 5.312″ N2° 45′ 32.239″ E
3352° 51′ 3.486″ N2° 34′ 19.188″ E17952° 54′ 6.144″ N2° 45′ 34.497″ E
3452° 51′ 3.295″ N2° 34′ 22.530″ E18053° 3′ 46.017″ N2° 45′ 35.676″ E
3552° 51′ 2.978″ N2° 34′ 25.846″ E18153° 8′ 27.770″ N2° 48′ 38.429″ E
3652° 51′ 2.535″ N2° 34′ 29.122″ E18253° 13′ 52.532″ N3° 2′ 3.556″ E
3752° 51′ 1.968″ N2° 34′ 32.346″ E18353° 13′ 53.967″ N3° 2′ 7.131″ E
3852° 51′ 1.280″ N2° 34′ 35.504″ E18453° 13′ 59.710″ N3° 2′ 21.440″ E
3952° 51′ 0.473″ N2° 34′ 38.585″ E18553° 14′ 8.462″ N3° 2′ 43.249″ E
4052° 50′ 59.551″ N2° 34′ 41.577″ E18653° 14′ 21.060″ N3° 3′ 12.673″ E
4152° 50′ 58.516″ N2° 34′ 44.466″ E18753° 10′ 30.403″ N2° 59′ 5.331″ E
4252° 50′ 57.374″ N2° 34′ 47.243″ E18853° 10′ 30.387″ N2° 59′ 6.176″ E
4352° 50′ 56.129″ N2° 34′ 49.896″ E18953° 10′ 30.403″ N2° 59′ 7.022″ E
4452° 50′ 54.785″ N2° 34′ 52.414″ E19053° 10′ 30.451″ N2° 59′ 7.863″ E
4552° 50′ 53.348″ N2° 34′ 54.788″ E19153° 10′ 30.531″ N2° 59′ 8.699″ E
4652° 50′ 51.823″ N2° 34′ 57.008″ E19253° 10′ 30.641″ N2° 59′ 9.524″ E
4752° 50′ 50.218″ N2° 34′ 59.065″ E19353° 10′ 30.783″ N2° 59′ 10.336″ E
4852° 50′ 48.537″ N2° 35′ 0.952″ E19453° 10′ 30.955″ N2° 59′ 11.131″ E
4952° 50′ 46.788″ N2° 35′ 2.661″ E19553° 10′ 31.157″ N2° 59′ 11.907″ E
5052° 50′ 44.977″ N2° 35′ 4.185″ E19653° 10′ 31.388″ N2° 59′ 12.661″ E
5152° 50′ 43.112″ N2° 35′ 5.518″ E19753° 10′ 31.646″ N2° 59′ 13.389″ E
5252° 50′ 41.200″ N2° 35′ 6.655″ E19853° 10′ 31.932″ N2° 59′ 14.088″ E
5352° 50′ 39.248″ N2° 35′ 7.591″ E19953° 10′ 32.243″ N2° 59′ 14.756″ E
5452° 50′ 37.265″ N2° 35′ 8.323″ E20053° 10′ 32.579″ N2° 59′ 15.390″ E
5552° 50′ 32.920″ N2° 35′ 9.346″ E20153° 10′ 32.938″ N2° 59′ 15.988″ E
5652° 50′ 2.151″ N2° 35′ 9.316″ E20253° 10′ 33.319″ N2° 59′ 16.548″ E
5752° 49′ 58.941″ N2° 35′ 9.346″ E20353° 10′ 33.721″ N2° 59′ 17.066″ E
5852° 49′ 6.921″ N2° 35′ 9.840″ E20453° 10′ 34.141″ N2° 59′ 17.541″ E
5952° 48′ 50.491″ N2° 35′ 9.996″ E20553° 10′ 34.578″ N2° 59′ 17.972″ E
6052° 48′ 34.062″ N2° 35′ 10.152″ E20653° 10′ 35.031″ N2° 59′ 18.356″ E
6152° 47′ 39.858″ N2° 35′ 10.667″ E20753° 10′ 35.497″ N2° 59′ 18.692″ E
6252° 47′ 38.680″ N2° 35′ 10.728″ E20853° 10′ 35.975″ N2° 59′ 18.978″ E
6352° 47′ 37.466″ N2° 35′ 10.917″ E20953° 10′ 36.463″ N2° 59′ 19.214″ E
6452° 47′ 36.261″ N2° 35′ 11.231″ E21053° 10′ 36.959″ N2° 59′ 19.398″ E
6552° 47′ 35.071″ N2° 35′ 11.670″ E21153° 10′ 37.461″ N2° 59′ 19.531″ E
6652° 47′ 33.900″ N2° 35′ 12.231″ E21253° 10′ 37.966″ N2° 59′ 19.610″ E
6752° 47′ 32.753″ N2° 35′ 12.912″ E21353° 10′ 38.474″ N2° 59′ 19.637″ E
6852° 47′ 31.634″ N2° 35′ 13.711″ E21453° 10′ 38.982″ N2° 59′ 19.610″ E
6952° 47′ 30.547″ N2° 35′ 14.624″ E21553° 10′ 39.488″ N2° 59′ 19.531″ E
7052° 47′ 29.498″ N2° 35′ 15.647″ E21653° 10′ 39.990″ N2° 59′ 19.399″ E
7152° 47′ 28.489″ N2° 35′ 16.778″ E21753° 10′ 40.485″ N2° 59′ 19.214″ E
7252° 47′ 27.525″ N2° 35′ 18.010″ E21853° 10′ 40.973″ N2° 59′ 18.978″ E
7352° 47′ 26.611″ N2° 35′ 19.340″ E21953° 10′ 41.451″ N2° 59′ 18.692″ E
7452° 47′ 25.748″ N2° 35′ 20.762″ E22053° 10′ 41.918″ N2° 59′ 18.356″ E
7552° 47′ 24.942″ N2° 35′ 22.271″ E22153° 10′ 42.370″ N2° 59′ 17.972″ E
7652° 47′ 24.194″ N2° 35′ 23.860″ E22253° 10′ 42.807″ N2° 59′ 17.542″ E
7752° 47′ 23.509″ N2° 35′ 25.523″ E22353° 10′ 43.228″ N2° 59′ 17.067″ E
7852° 47′ 22.888″ N2° 35′ 27.254″ E22453° 10′ 43.629″ N2° 59′ 16.548″ E
7952° 47′ 22.334″ N2° 35′ 29.046″ E22553° 10′ 44.010″ N2° 59′ 15.989″ E
8052° 47′ 21.849″ N2° 35′ 30.892″ E22653° 10′ 44.369″ N2° 59′ 15.391″ E
8152° 47′ 21.436″ N2° 35′ 32.784″ E22753° 10′ 44.705″ N2° 59′ 14.757″ E
8252° 47′ 21.096″ N2° 35′ 34.716″ E22853° 10′ 45.017″ N2° 59′ 14.089″ E
8352° 47′ 20.829″ N2° 35′ 36.679″ E22953° 10′ 45.302″ N2° 59′ 13.389″ E
8452° 47′ 20.638″ N2° 35′ 38.665″ E23053° 10′ 45.561″ N2° 59′ 12.661″ E
8552° 47′ 20.523″ N2° 35′ 40.667″ E23153° 10′ 45.792″ N2° 59′ 11.908″ E
8652° 47′ 20.485″ N2° 35′ 42.678″ E23253° 10′ 45.993″ N2° 59′ 11.132″ E
8752° 47′ 20.523″ N2° 35′ 44.688″ E23353° 10′ 46.166″ N2° 59′ 10.336″ E
8852° 47′ 20.637″ N2° 35′ 46.691″ E23453° 10′ 46.307″ N2° 59′ 9.524″ E
8952° 47′ 20.744″ N2° 35′ 47.803″ E23553° 10′ 46.418″ N2° 59′ 8.699″ E
9052° 47′ 20.744″ N2° 35′ 47.804″ E23653° 10′ 46.498″ N2° 59′ 7.864″ E
9152° 47′ 21.786″ N2° 35′ 56.101″ E23753° 10′ 46.545″ N2° 59′ 7.022″ E
9252° 48′ 16.490″ N2° 43′ 13.626″ E23853° 10′ 46.561″ N2° 59′ 6.176″ E
9352° 48′ 20.763″ N2° 43′ 47.964″ E23953° 10′ 46.545″ N2° 59′ 5.331″ E
9452° 48′ 21.026″ N2° 43′ 49.928″ E24053° 10′ 46.498″ N2° 59′ 4.489″ E
9552° 48′ 21.364″ N2° 43′ 51.862″ E24153° 10′ 46.418″ N2° 59′ 3.654″ E
9652° 48′ 21.774″ N2° 43′ 53.756″ E24253° 10′ 46.307″ N2° 59′ 2.829″ E
9752° 48′ 22.256″ N2° 43′ 55.605″ E24353° 10′ 46.166″ N2° 59′ 2.017″ E
9852° 48′ 22.808″ N2° 43′ 57.400″ E24453° 10′ 45.993″ N2° 59′ 1.221″ E
9952° 48′ 23.426″ N2° 43′ 59.134″ E24553° 10′ 45.792″ N2° 59′ 0.445″ E
10052° 48′ 24.109″ N2° 44′ 0.801″ E24653° 10′ 45.561″ N2° 58′ 59.691″ E
10152° 48′ 24.854″ N2° 44′ 2.393″ E24753° 10′ 45.302″ N2° 58′ 58.964″ E
10252° 48′ 25.659″ N2° 44′ 3.905″ E24853° 10′ 45.017″ N2° 58′ 58.264″ E
10352° 48′ 26.519″ N2° 44′ 5.331″ E24953° 10′ 44.705″ N2° 58′ 57.596″ E
10452° 48′ 27.432″ N2° 44′ 6.665″ E25053° 10′ 44.369″ N2° 58′ 56.962″ E
10552° 48′ 28.394″ N2° 44′ 7.902″ E25153° 10′ 44.010″ N2° 58′ 56.364″ E
10652° 48′ 29.401″ N2° 44′ 9.037″ E25253° 10′ 43.629″ N2° 58′ 55.804″ E
10752° 48′ 30.449″ N2° 44′ 10.065″ E25353° 10′ 43.228″ N2° 58′ 55.286″ E
10852° 48′ 31.534″ N2° 44′ 10.983″ E25453° 10′ 42.807″ N2° 58′ 54.811″ E
10952° 48′ 32.652″ N2° 44′ 11.786″ E25553° 10′ 42.370″ N2° 58′ 54.380″ E
11052° 48′ 33.799″ N2° 44′ 12.472″ E25653° 10′ 41.918″ N2° 58′ 53.997″ E
11152° 48′ 34.969″ N2° 44′ 13.037″ E25753° 10′ 41.451″ N2° 58′ 53.661″ E
11252° 48′ 36.158″ N2° 44′ 13.481″ E25853° 10′ 40.973″ N2° 58′ 53.374″ E
11352° 48′ 37.362″ N2° 44′ 13.800″ E25953° 10′ 40.485″ N2° 58′ 53.139″ E
11452° 48′ 38.576″ N2° 44′ 13.994″ E26053° 10′ 39.990″ N2° 58′ 52.954″ E
11552° 48′ 39.226″ N2° 44′ 14.030″ E26153° 10′ 39.488″ N2° 58′ 52.822″ E
11652° 48′ 39.637″ N2° 44′ 14.030″ E26253° 10′ 38.982″ N2° 58′ 52.742″ E
11752° 51′ 27.631″ N2° 44′ 14.043″ E26353° 10′ 38.474″ N2° 58′ 52.716″ E
11852° 52′ 45.444″ N2° 44′ 14.140″ E26453° 10′ 37.966″ N2° 58′ 52.742″ E
11952° 52′ 48.722″ N2° 44′ 14.144″ E26553° 10′ 37.461″ N2° 58′ 52.822″ E
12052° 52′ 48.725″ N2° 44′ 14.157″ E26653° 10′ 36.959″ N2° 58′ 52.954″ E
12152° 52′ 50.325″ N2° 44′ 14.415″ E26753° 10′ 36.463″ N2° 58′ 53.139″ E
12252° 52′ 51.923″ N2° 44′ 14.716″ E26853° 10′ 35.975″ N2° 58′ 53.375″ E
12352° 52′ 53.518″ N2° 44′ 15.059″ E26953° 10′ 35.497″ N2° 58′ 53.661″ E
12452° 52′ 55.109″ N2° 44′ 15.444″ E27053° 10′ 35.031″ N2° 58′ 53.997″ E
12552° 52′ 56.696″ N2° 44′ 15.871″ E27153° 10′ 34.578″ N2° 58′ 54.381″ E
12652° 52′ 58.279″ N2° 44′ 16.340″ E27253° 10′ 34.141″ N2° 58′ 54.812″ E
12752° 52′ 59.857″ N2° 44′ 16.851″ E27353° 10′ 33.721″ N2° 58′ 55.287″ E
12852° 53′ 1.430″ N2° 44′ 17.403″ E27453° 10′ 33.319″ N2° 58′ 55.805″ E
12952° 53′ 2.998″ N2° 44′ 17.996″ E27553° 10′ 32.938″ N2° 58′ 56.364″ E
13052° 53′ 4.559″ N2° 44′ 18.631″ E27653° 10′ 32.579″ N2° 58′ 56.962″ E
13152° 53′ 6.115″ N2° 44′ 19.307″ E27753° 10′ 32.243″ N2° 58′ 57.597″ E
13252° 53′ 7.663″ N2° 44′ 20.024″ E27853° 10′ 31.932″ N2° 58′ 58.265″ E
13352° 53′ 9.205″ N2° 44′ 20.782″ E27953° 10′ 31.646″ N2° 58′ 58.964″ E
13452° 53′ 10.739″ N2° 44′ 21.580″ E28053° 10′ 31.388″ N2° 58′ 59.692″ E
13552° 53′ 12.265″ N2° 44′ 22.419″ E28153° 10′ 31.157″ N2° 59′ 0.445″ E
13652° 53′ 13.782″ N2° 44′ 23.298″ E28253° 10′ 30.955″ N2° 59′ 1.221″ E
13752° 53′ 15.291″ N2° 44′ 24.217″ E28353° 10′ 30.783″ N2° 59′ 2.017″ E
13852° 53′ 16.791″ N2° 44′ 25.175″ E28453° 10′ 30.641″ N2° 59′ 2.829″ E
13952° 53′ 18.282″ N2° 44′ 26.173″ E28553° 10′ 30.531″ N2° 59′ 3.654″ E
14052° 53′ 19.763″ N2° 44′ 27.211″ E28653° 10′ 30.451″ N2° 59′ 4.489″ E
14152° 53′ 21.233″ N2° 44′ 28.287″ E28752° 52′ 23.652″ N2° 46′ 27.791″ E
14252° 53′ 22.693″ N2° 44′ 29.402″ E28852° 51′ 50.970″ N2° 46′ 27.714″ E
14352° 53′ 24.142″ N2° 44′ 30.555″ E28952° 52′ 49.498″ N2° 52′ 4.152″ E
14452° 53′ 25.580″ N2° 44′ 31.747″ E29052° 53′ 4.385″ N2° 51′ 57.093″ E
14552° 53′ 27.005″ N2° 44′ 32.976″ E29152° 53′ 19.948″ N2° 51′ 49.713″ E
14652° 53′ 28.419″ N2° 44′ 34.243″ E

Commencement Information

I10Sch. 13 Pt. 2 para. 6 in force at 1.1.2022, see art. 1

PART 3E+WDetails of Licensed Marine Activities

1.  Subject to the licence conditions at Part 4, 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—E+W

(a)the deposit at sea of the substances and articles specified in paragraph 5 of Part 2 of this licence;

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

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

(d)the disposal of up to a total of 7,200,000 m3 of inert material of natural origin within the offshore Order limits produced during construction drilling or seabed preparation for foundation works and cable (including fibre optic cable) sandwave preparation works at disposal site references HU214, HU215, HU216, and HU217 within the extent of the Order limits seaward of MHWS.

Commencement Information

I11Sch. 13 Pt. 3 para. 1 in force at 1.1.2022, see art. 1

2.—(1) Subject to condition 1, such activities are authorised in relation to the construction, maintenance and operation of—E+W

(2) Work No. 3B – in the event of scenario 1, up to 3 project interconnector cables to connect Work No. 2 with the Norfolk Vanguard Offshore Wind Farm;

(3) In connection with such Work No. 3B and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised scheme and which fall within the scope of the work assessed by the environmental statement and the provisions of this licence.

(4) In connection with such Work No. 3B, ancillary works within the Order limits which have been subject to an environmental impact assessment recorded in the environmental statement comprising—

(a)temporary landing places, moorings or other means of accommodating vessels in the construction and/ or maintenance of the authorised scheme; and

(b)beacons, fenders and other navigational warning or ship impact protection works.

Commencement Information

I12Sch. 13 Pt. 3 para. 2 in force at 1.1.2022, see art. 1

PART 4E+WConditions

Effect of this licenceE+W

1.—(1) This licence takes effect in the event of scenario 1 only.

(2) The undertaker may only commence either Work No. 3B or Work No. 3A and, for the avoidance of doubt, must not commence both of Work No. 3B and Work No. 3A.

Commencement Information

I13Sch. 13 Pt. 4 para. 1 in force at 1.1.2022, see art. 1

Design parametersE+W

2.  The total length of cables and volume of cable protection must not exceed the individual distributions set out in Table 2 of the outline scour protection and cable protection plan and must not exceed the following—

WorkLengthCable protection (m3)Cable protection (m2)
Work No. 3B (Project interconnection)180 kilometres41,000 m374,000 m2

Commencement Information

I14Sch. 13 Pt. 4 para. 2 in force at 1.1.2022, see art. 1

Notifications and inspectionsE+W

3.—(1) The undertaker must ensure that—

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

(i)all agents and contractors notified to the MMO in accordance with condition 10; and

(ii)the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 10;

(b)within 28 days of receipt of a copy of this licence those persons referred to in paragraph (a) above must provide a completed confirmation form to the MMO confirming receipt of this licence.

(2) Only those persons and vessels notified to the MMO in accordance with condition 10 are permitted to carry out the licensed activities.

(3) Copies of this 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 or at the office of any transport manager with responsibility for vessels from which authorised deposits or removals are to be made.

(4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an authorised enforcement officer at the locations set out in sub-paragraph (3)(b) above.

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

(6) The undertaker must inform the MMO Coastal Office in writing at least five days prior to the commencement of the licensed activities or any part of them, and within five days of completion of the licensed activities.

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

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

(b)as soon as reasonably practicable and no later than 24 hours of completion of construction of all offshore activities;

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

(8) A notice to mariners must be issued at least ten days prior to the commencement of the licensed activities or any part of them advising of the start date of Work No. 3B and the expected vessel routes from the construction ports to the relevant location and the route of the sub-sea cables and fibre optic cables. Copies of all notices must be provided to the MMO, MCA and UKHO within five days.

(9) The notices to mariners must be updated and reissued at weekly intervals during construction activities and at least five days before any planned operations and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction and monitoring programme approved under condition 7(1)(b). Copies of all notices must be provided to the MMO, MCA and UKHO within five days.

(10) The undertaker must notify the UK Hydrographic Office both of the commencement (ten days prior), progress and completion of construction (within ten days) of the licensed activities in order that all necessary amendments to nautical charts are made and the undertaker must send a copy of such notifications to the MMO within five days.

(11) In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS or any part thereof, the undertaker must as reasonably practicable and no later than 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify MMO, MCA, Trinity House, the Kingfisher Information Service of Seafish, and the UK Hydrographic Office.

(12) In case of exposure of cables on or above the seabed, the undertaker must within three days following identification of a potential cable exposure, notify mariners by issuing a notice to mariners and by informing Kingfisher Information Service of the location and extent of exposure. Copies of all notices must be provided to the MMO and MCA within five days.

Commencement Information

I15Sch. 13 Pt. 4 para. 3 in force at 1.1.2022, see art. 1

Aids to navigationE+W

4.—(1) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning seaward of MHWS exhibit such lights, marks, sounds, signals and other aids to navigation, and to take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

(2) The undertaker must during the period from the start of construction of the authorised scheme to completion of decommissioning seaward of MHWS keep Trinity House and the MMO informed of progress of the authorised scheme seaward of MHWS including the following—

(a)notice of commencement of construction of the authorised scheme 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 scheme.

(3) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning seaward of MHWS notify Trinity House and the MMO of any failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.

(4) In the event that the provisions of condition 3(11) and condition 3(12) are invoked, the undertaker must lay down such marker buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.

Commencement Information

I16Sch. 13 Pt. 4 para. 4 in force at 1.1.2022, see art. 1

Chemicals, drilling and debrisE+W

5.—(1) Unless otherwise agreed in writing by the MMO all chemicals used in the construction of the authorised scheme must be selected from the List of Notified Chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002(3) (as amended).

(2) The undertaker must ensure that any coatings/treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by Health and Safety Executive and the Environment Agency Pollution Prevention Control Guidelines.

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

(4) The undertaker must inform the MMO of the location and quantities of material disposed of each month under this licence. This information must be submitted to the MMO by 15 February each year for the months August to January inclusive, and by 15 August each year for the months February to July inclusive. In the event that no activity has taken place during the reporting period the undertaker must provide a null (0) return to the MMO.

(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 disposal site references HU214, HU215, HU216, and HU217 within the extent of the Order limits seaward of MHWS. Any other materials must be screened out before disposal of the inert material at this site.

(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) In the event that any rock material used in the construction of the authorised scheme is misplaced or lost below MHWS, the undertaker must report the loss to the District Marine Office within 48 hours and if the MMO reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the undertaker must endeavour to locate the material and recover it.

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

(9) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO, Marine Pollution Response Team in accordance with the marine pollution contingency plan agreed under condition 7(1)(d)(i).

(10) All dropped objects must be reported to the MMO using the Dropped Object Procedure Form as soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware of an incident. On receipt of the Dropped Object Procedure Form, the MMO may require relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do so and the MMO may require obstructions to be removed from the seabed at the undertaker’s expense if reasonable to do so.

Commencement Information

I17Sch. 13 Pt. 4 para. 5 in force at 1.1.2022, see art. 1

Force majeureE+W

6.—(1) If, due to stress of weather or any other cause the master of a vessel determines that it is necessary to make a deposit which is not authorised under this licence, whether within or outside of the Order limits because the safety of human life and/or of the vessel is threatened, within 48 hours the undertaker must notify full details of the circumstances of the deposit to the MMO.

(2) The unauthorised deposits must be removed at the expense of the undertaker unless written approval is obtained from the MMO.

Commencement Information

I18Sch. 13 Pt. 4 para. 6 in force at 1.1.2022, see art. 1

Pre-construction plans and documentationE+W

7.—(1) The licensed activities or any part of those activities must not commence until the following (as relevant to that part) have been submitted to and approved in writing by the MMO—

(a)A design plan at a scale of between 1:25,000 and 1:50,000 including detailed representation on the most suitably scaled admiralty chart, to be agreed in writing with the MMO in consultation with Trinity House and the MCA which shows—

(i)the length and arrangement of all cables comprising Work No. 3B;

(ii)a plan showing the indicative programming of particular works as set out in the indicative programme to be provided under sub-paragraph (1)(b)(iv); and;

(iii)any exclusion zones/micrositing requirements identified in any mitigation scheme pursuant to sub-paragraph (1)(h);the dimensions of all foundations;

to ensure conformity with the description of Works No. 3B and compliance with condition 2 above.

(b)A construction programme and monitoring plan (which accords with the offshore in principle monitoring plan) to include details of—

(i)the proposed construction start date;

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

(iii)proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction surveys and monitoring and related reporting in accordance with sub-paragraph (1)(h) and conditions 11, 12 and 13; and

(iv)an indicative written construction programme for all offshore electrical platforms and cables including fibre optic cables comprised in the works at Part 3 (licensed marine activities) of this Schedule (insofar as not shown in paragraph (ii) above);

with details pursuant to paragraph (iii) above to be submitted to the MMO in accordance with the following—

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

(bb)at least four months prior to construction, detail on construction monitoring; and

(cc)at least four months prior to commissioning, detail of post-construction (and operational) monitoring;

unless otherwise agreed in writing with the MMO.

(c)A construction method statement in accordance with the construction methods assessed in the environmental statement and including details of—

(i)cable (including fibre optic cable) installation;

(ii)contractors;

(iii)vessels, vessels maintenance; and

(iv)associated and ancillary works.

(d)A project environmental management plan (in accordance with the outline project environmental management plan) covering the period of construction and operation to include details of—

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

(ii)a chemical risk assessment to include 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; and

(v)a fisheries liaison and coexistence plan (which accords with the outline fisheries liaison and co-existence plan) to ensure relevant fishing fleets are notified of commencement of licensed activities pursuant to condition 3 and to address the interaction of the licensed activities with fishing activities;

(e)A scour protection and cable protection plan (in accordance with the outline scour protection and cable protection plan) providing details of the need, type, sources, quantity, distribution and installation methods for scour protection and cable (including fibre optic cable) protection. For the avoidance of doubt “distribution” in this sub-paragraph must include quantities in respect of each structure comprised in the offshore works and intended to be subject to scour protection.

(f)A cable specification, installation and monitoring plan, to include—

(i)technical specification of offshore cables (including fibre optic cable) below MHWS, including a desk-based assessment of attenuation of electro-magnetic field strengths, shielding and cable burial depth in accordance with industry good practice;

(ii)a detailed cable (including fibre optic cable) laying plan for the Order limits, incorporating a burial risk assessment, encompassing the identification of any cable protection that exceeds 5% of navigable depth referenced to chart datum and, in the event that any area of cable protection exceeding 5% 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 such similar assessment to ascertain suitable burial depths and cable laying techniques;

(iii)proposals for monitoring offshore cables including cable (including fibre optic cable) protection during the operational lifetime of the authorised scheme which includes a risk based approach to the management of unburied or shallow buried cables; and

(iv)appropriate methods such as a trawl or drift net to be deployed along Work No. 3B (project interconnector cables), following the survey referred to in condition 13(2)(b) to assess any seabed obstructions resulting from burial of the project interconnector cables.

(g)An archaeological written scheme of investigation in relation to the offshore Order limits seaward of mean high water, which must accord with the outline written scheme of investigation (offshore) and industry good practice, in consultation with the statutory historic body to include—

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

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

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

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

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

(vi)a requirement for the undertaker to ensure that a copy of any agreed archaeological report is deposited with the National Record of the Historic Environment, by submitting a Historic England OASIS (Online Access to the Index of archaeological investigations) form with a digital copy of the report within six months of completion of construction of the authorised scheme, and to notify the MMO 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 decommissioning of the authorised scheme; and

(viii)a timetable for all further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the offshore Order Limits and the approval of any necessary mitigation required as a result of the further site investigations prior to commencement of licensed activities.

(h)A mitigation scheme for any habitats of principal importance identified by the survey referred to in condition 11(2)(a) and in accordance with the offshore in principle monitoring plan.

(i)An offshore operations and maintenance plan, in accordance with the outline offshore operations and maintenance plan, to be submitted to the MMO at least four months prior to commencement of operation of the licensed activities and to provide for review and resubmission every three years during the operational phase.

(j)An aids to navigation management plan to be agreed in writing by the MMO following consultation with Trinity House, to include details of how the undertaker will comply with the provisions of condition 4 for the lifetime of the authorised scheme.

(2) Pre-commencement surveys and archaeological investigations and pre-commencement material operations which involve intrusive seabed works must only take place in accordance with a specific written scheme of investigation which is itself in accordance with the details set out in the outline offshore written scheme of investigation (offshore), and which has been submitted to and approved by the MMO.

Commencement Information

I19Sch. 13 para. 7 in force at 1.1.2022, see art. 1

8.—(1) Any archaeological reports produced in accordance with condition 7(1)(g)(iii) must be agreed with the MMO in consultation with the statutory historic body.

(2) The design plan required by condition 7(1)(a) must be prepared by the undertaker and determined by the MMO.

(3) Each programme, statement, plan, protocol or scheme required to be approved under condition 7 must be submitted for approval at least four months prior to the intended commencement of licensed activities, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(4) No licensed activity may commence until for that licensed activity the MMO has approved in writing any relevant programme, statement, plan, protocol or scheme required to be approved under condition 7.

(5) Unless otherwise agreed in writing with the undertaker, the MMO must use reasonable endeavours to determine an application for approval made under condition 7 as soon as practicable and in any event within a period of four months commencing on the date the application is received by the MMO.

(6) The licensed activities must be carried out in accordance with the plans, protocols, statements, schemes and details approved under condition 7, unless otherwise agreed in writing by the MMO.

(7) No part of the authorised scheme may commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and, so far as is applicable to that stage of the project, adequately addressed MCA recommendations as appropriate to the authorised scheme contained within MGN543 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes.

Commencement Information

I20Sch. 13 para. 8 in force at 1.1.2022, see art. 1

Post-construction plans and documentsE+W

9.  The undertaker must conduct a swath bathymetric survey to IHO S44ed5 Order 1a across the area(s) within the Order limits in which construction works were carried out and provide the data and survey report(s) to the MMO, MCA and UKHO.

Commencement Information

I21Sch. 13 para. 9 in force at 1.1.2022, see art. 1

Reporting of engaged agents, contractors and vesselsE+W

10.—(1) The undertaker must provide the following information to the MMO—

(a)the name and function of any agent or contractor appointed to engage in the licensed activities within seven days of appointment; and

(b)each week during the construction of the authorised scheme a completed Hydrographic Note H102 listing the vessels currently and to be used in relation to the licensed activities.

(2) Any changes to the supplied details must be notified to the MMO in writing prior to the agent, contractor or vessel engaging in the licensed activities.

Commencement Information

I22Sch. 13 para. 10 in force at 1.1.2022, see art. 1

Pre-construction monitoring and surveysE+W

11.—(1) The undertaker must, in discharging condition 7(1)(b), submit details (which accord with the offshore in principle monitoring plan) for written approval by the MMO in consultation with the relevant statutory bodies of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report; and—

(a)the survey proposals must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement; and

(b)the baseline report proposals 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.

(2) The pre-construction surveys referred to in sub-paragraph (1) must, unless otherwise agreed with the MMO, have due regard to, but not be limited to, the need to undertake—

(a)appropriate surveys to determine the location and extent of any benthic communities/benthos constituting Annex 1 reef habitats of principal importance in whole or in part inside the area(s) within the Order limits in which it is proposed to carry out construction works; and

(b)a full sea floor coverage swath-bathymetry survey that meets the requirements of IHO S44ed5 Order 1a, and side scan sonar, of the area(s) within the Order limits in which it is proposed to carry out construction works.

(3) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the baseline report to the MMO in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation bodies.

Commencement Information

I23Sch. 13 para. 11 in force at 1.1.2022, see art. 1

Construction monitoringE+W

12.—(1) The undertaker must, in discharging condition 7(1)(b), submit details (which accord with the offshore in principle monitoring plan) for approval by the MMO in consultation with the relevant statutory nature conservation bodies of any proposed monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The survey proposals must specify each survey’s objectives.

(2) The undertaker must carry out the surveys approved under sub-paragraph (1) and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with the relevant statutory nature conservation bodies.

Commencement Information

I24Sch. 13 para. 12 in force at 1.1.2022, see art. 1

Post constructionE+W

13.—(1) The undertaker must, in discharging condition 7(1)(b), submit details (which accord with the offshore in principle monitoring plan) for approval by the MMO in consultation with relevant statutory bodies of proposed post-construction surveys, including methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

(2) The post-construction surveys referred to in sub-paragraph (1) must, unless otherwise agreed with the MMO, have due regard to, but not be limited to, the need to undertake —

(a)An appropriate survey to determine any change in the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance constituting Annex 1 reef habitats identified in the pre-construction survey in the parts of the Order limits in which construction works were carried out. The survey design must be informed by the results of the pre-construction benthic survey.

(b)within twelve months of completion of the licensed activities, one full sea floor coverage swath-bathymetry survey that meets the requirements of IHO S44ed5 Order 1a across 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.

(3) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with the relevant statutory nature conservation bodies.

(4) Following installation of cables, the cable (including fibre optic cables) monitoring plan required under condition 7(1)(f)(iii) must be updated with the results of the post installation surveys. The plan must be implemented during the operational lifetime of the authorised scheme and reviewed as specified within the plan, following cable burial surveys, or as instructed by the MMO.

Commencement Information

I25Sch. 13 para. 13 in force at 1.1.2022, see art. 1

Reporting of cable protectionE+W

14.—(1) Not more than 4 months following completion of the construction phase of the authorised scheme, the undertaker must provide the MMO and the relevant statutory nature conservation bodies with a report setting out details of the cable protection used for the authorised scheme.

(2) The report must include the following information—

(a)location of the cable protection;

(b)volume of cable protection; and

(c)any other information relating to the cable protection as agreed between the MMO and the undertaker.

Commencement Information

I26Sch. 13 para. 14 in force at 1.1.2022, see art. 1

Coordination with Norfolk Vanguard Offshore Wind FarmE+W

15.—(1) Prior to submission of each of the pre-construction plans and documentation required to be submitted under condition 7(1) above the undertaker must provide a copy of the relevant plans and documentation to the undertaker of the offshore element of the Norfolk Vanguard Offshore Wind Farm to enable that undertaker to provide any comments on the plans and documentation.

(2) The undertaker must participate in liaison meetings with the undertaker of the offshore element of the Norfolk Vanguard Offshore Wind Farm as requested from time to time by the MMO in writing in advance, which meeting will be chaired by the MMO and may consider such matters as are determined by the MMO relating to the efficient operation of the offshore element of the authorised project and the offshore element of the Norfolk Vanguard Offshore Wind Farm.

Commencement Information

I27Sch. 13 para. 15 in force at 1.1.2022, see art. 1

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