SCHEDULES

Article 60

SCHEDULE 15DEEMED MARINE LICENCE

PART 1INTRODUCTORY

Interpretation

1.—(1) In this licence—

“the 2009 Act” means the Marine and Coastal Access Act 2009(1);

“authorised development” has the meaning given in paragraph 5;

“buried pipeline” means the pipeline to be built from the northern tunnel entrance compound with an approximate length below the mean high water springs of 400m and a maximum diameter of 1m;

“Coalhouse Point” means the land at plots 19-09 and 19-37 in the book of reference;

“commence” means beginning to carry out any part of a licensable marine activity, and “commenced” and “commencement” is to be construed accordingly;

“condition” means those conditions in Part 4 of this Schedule;

“intertidal zone” means the area between the area between the normal tidal limit and 1 nautical mile;

“licensed activities” means any activity described in Part 2 of this licence;

“licensable marine activity” means any activity licensable under section 66 of the 2009 Act including those set out in paragraph 5;

“the marine area” has the meaning given to ‘UK marine area’ in section 42 of the 2009 Act;

“mean high water springs” means the average of high water heights occurring at the time of spring tides;

“MMO” means the Marine Management Organisation;

“the MMO local office” means the MMO office whose contact details are given at paragraph 2(1)(b) or such other MMO office identified by replacement contact details provided by the MMO under paragraph 2(1)(b);

“MMO Marine Licencing Team” means the MMO team whose contact details are given at paragraph 2(1)(a) or such other team of persons identified by replacement contact details provided by the MMO at paragraph 2(1)(a);

“Marine Noise Registry” means the register maintained by the Joint Nature Conservation Committee that records the spatial and temporal distribution of impulsive noise generating activities in the marine area;

“MMO Pollution Response Team” means the MMO team whose contact details are given at paragraph 2(1)(c) or such other team of persons identified by replacement contact details provided by the MMO at paragraph 2(1)(c);

“the northern tunnel entrance compound” means the area as set out in figure 2.5 of the environmental statement;

“the Order” means the A122 (Lower Thames Crossing) Development Consent Order 2025;

“Ramsar Site” has the meaning given in the Wildlife and Countryside Act 1981(2) (as amended);

“SPA” means special protection area as defined in the Conservation of Habitats and Species Regulations 2017(3) (as amended);

“SSSI” means site of special scientific interest as defined in the Wildlife and Countryside Act 1981(4);

“undertaker” means National Highways Limited (Company No. 09346363) whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ or any transferee under article 8 (consent to transfer benefit of Order) of the Order and includes and any agent, contractor or sub-contractor acting on its behalf; and

“water inlet” means the water inlet with self-regulating valve to be built at Coalhouse Point for habitat creation and to secure the water supply to the ecology mitigation area (Work No. 5X).

(2) Unless otherwise specified, all geographical co-ordinates given in this licence are in latitude and longitude degrees and minutes to two decimal places.

Contact Details

2.—(1) The main points of contact with the MMO are as follows—

(a)Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH Tel: 0300 123 1032 Fax: 0191 376 2681 Email: marine.consents@marinemanagement.org.uk or such replacement contact details as are notified to the undertaker in writing by the MMO;

(b)the MMO Local Office – Marine Management Organisation, MMO Lowestoft Pakefield Road, Lowestoft, Suffolk NR33 0HT Tel: 01502 573 149 or 01502 572 769 Email: lowestoft@marinemanagement.org.uk or such replacement contact details as are notified to the undertaker in writing by the MMO; and

(c)MMO Marine Pollution Response Team — Tel (during office hours): 0300 200 2024 Tel (outside office hours): 07770 977 825 or 0345 051 8486 Email: dispersants@marinemanagement.org.uk or such replacement contact details as are notified to the undertaker in writing by the MMO.

(2) Unless otherwise notified to the undertaker in writing by the MMO, all notices required by this licence to be sent by the undertaker to the MMO must be sent using the MMO’s Marine Case Management System web portal.

PART 2LICENSABLE MARINE ACTIVITIES

3.  Subject to the licence conditions in Part 4 of this licence, this licence authorises the undertaker to carry out any licensable marine activities under section 66(1) of the 2009 Act which involve the construction, alteration or improvement of any works in or over the sea or on or under the sea bed and which—

(a)form part of, or are related to, the authorised development; and

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

4.  The activities set out in this Part may be carried out by the undertaker as if licenced under the 2009 Act.

5.—(1) In this licence, “authorised development” means construction, alteration, improvement, maintenance, operation and decommissioning of those parts of each of the following works to the extent that such works constitute licensable marine activities—

(a)the construction and decommissioning of the drainage pipeline and outfall, during the construction phase, from the northern tunnel entrance compound which may include—

(i)a buried pipe within the foreshore and a outfall structure at the discharge point that would terminate in a precast outfall or diffuser head on the subtidal riverbed slope and would be with a length of 400m and a maximum diameter of 1m; and

(ii)any works ancillary to these works;

(b)the construction of the operational discharge, during the tunnel operation, from the northern tunnel portal site which may include—

(i)an outfall structure located at mean high water including the installation of a flap valve type outfall structure; and

(ii)any works ancillary to these works;

(c)the construction of the water inlet at Coalhouse Point which may include—

(i)a water inlet with self-regulating valve structure below mean high water in a new section of flood defence wall;

(ii)a piled coffer dam (10m x 15m) within a defined working area 50m x 35m on the intertidal zone; and

(iii)any works ancillary to these works.

(2) The grid coordinates for the area of the river Thames within which the undertaker may carry out licensed activities specified under paragraph (1) are located at—

(a)in relation to the drainage pipeline and outfall referred to at paragraph 5(1)(a) during the construction phase, from the northern tunnel entrance compound—

(b)in relation to the operational outfall referred to at paragraph 5(1)(b) during the tunnel operation, from the northern tunnel portal site—

(c)in relation to the water inlet at Coalhouse Point referred to at paragraph 5(1)(c)—

PART 3ENFORCEMENT

6.  Any breach of this licence does not constitute a breach of the Order but is subject to the enforcement regime in Chapter 3 of Part 4 of the 2009 Act.

PART 4CONDITIONS

General conditions

7.  Where provisions under section 71(5) of the 2009 Act apply, all conditions attached to this licence apply to any person who for the time being owns, occupies or enjoys any use of the licensable marine activities for which this licence has been granted.

8.—(1) The MMO must be notified at the earliest opportunity should any information on which the granting of this licence was based change or is likely to change.

(2) Failure to comply with paragraph (1) may render this licence invalid and may lead to enforcement action.

Distribution of copies

9.—(1) The MMO must be notified in writing of—

(a)any agents, contractors or sub-contractors that will carry out any licensable marine activity listed in Part 4 of this licence on behalf of the undertaker and such notification must be received by the MMO no less than 24 hours before the commencement of the licensable marine activity; and

(b)any vessel being used to carry out any licensable marine activity listed in Part 4 of this licence on behalf of the undertaker and such notification must be received by the MMO no less than 24 hours before commencement of the licensable marine activity, and notification must include the master’s name, vessel type, vessel IMO number and vessel owner or operating company.

(2) The undertaker must ensure that—

(a)a copy of this licence and any subsequent revisions or amendments has been provided to any agents contractors or sub-contractors that will carry out any licensable marine activity listed in Part 4 of this licence.

(b)a copy of this licence and any subsequent revisions or amendments has been provided to the masters of any vessel being used to carry out any licensable marine activity listed in Part 4 of this licence, and that a copy of this licence is held on board any such vessel.

(c)mariners and fishermen’s organisations are made fully aware of the activities through a local notice to mariners issued at least 10 business days prior to the commencement of the licensed activities, or any part of them.

(3) The notice under sub-paragraph (2)(c) must—

(a)provide the start date of any licensed activities;

(b)be provided to the MMO Marine Licensing Team within 5 business days of publication.

Construction method statement

10.—(1) The undertaker must submit details of a method statement to the MMO for approval by the MMO at least 30 business days prior to the commencement of the licensable marine activity.

(2) Unless otherwise agreed by the MMO in writing, the method statement must include the following details—

(a)the details of the entity responsible for the carrying out of the licensed activity;

(b)a programme of works including the timings, duration and the location of the licensable marine activity;

(c)the detailed methodology to be employed by the undertaker in carrying out the licensable marine activity, including method of delivery to site and plant to be used during the licensable marine activities;

(d)contractor and vessel details;

(e)plans and sections;

(f)details of where the licensable marine activity was assessed in the Environmental Statement;

(g)details of materials to be placed in or removed from the marine area;

(h)environmental mitigation measures; and

(i)a lighting management plan if 24 hour working is required to undertake the licensable marine activity.

(3) The licensable marine activity must not commence until the MMO has approved in writing the submitted method statement.

(4) The licensable marine activity must be carried out in accordance with the approved method statement, unless otherwise agreed in writing with the MMO.

Marine pollution contingency plan

11.—(1) The undertaker must submit a marine pollution contingency plan for approval by the MMO at least 30 business days prior to the commencement of the first licensable marine activity.

(2) The marine pollution contingency plan must set out the undertaker’s assessment of the likely risks which could arise as a result of a spill or collision during the carrying out of the licensable marine activities and the methods and procedures the undertaker intends to put in place to address those risks.

(3) The undertaker must not commence the licensable marine activities until the MMO has approved in writing the submitted marine pollution plan.

(4) The licensable marine activities must be carried out in accordance with the approved marine pollution contingency plan, unless otherwise agreed in writing by the MMO.

Concrete and cement

12.  Waste concrete, slurry or wash water from concrete or cement activities must not be discharged, intentionally or unintentionally, into the marine environment. Concrete and cement mixing and washing areas must be contained and sited at least 10 metres from any water body or surface water drain.

Coatings and treatment

13.  The undertaker must ensure that only coatings and treatments can be used that are suitable for use in the marine environment.

Spills, etc.

14.—(1) Bunding and/or storage facilities must be installed to contain and prevent the release of fuel, oils, and chemicals associated with plant, refuelling and construction equipment, into the marine environment. Secondary containment must be used with a capacity of no less than 110% of the container’s storage capacity

(2) Any oil, fuel or chemical spill within the marine environment must be reported to the MMO Marine Pollution Response Team within 12 hours of the spill occurring; and

(3) During licensed activities all wastes must be stored in designated areas that are isolated from surface water drains and open water and are bunded to contain any spillage

Piling techniques

15.—(1) Where a licensable marine activity involves piling the undertaker must comply with the requirements set out in sub-paragraph (2).

(2) Subject to sub-paragraph (3) works to construct the drainage pipeline and outfall referred to at paragraph 5(1)(a), including any piling, must be undertaken in the dry.

(3) Where works are required to construct the drainage pipeline and outfall referred to at paragraph 5(1)(a), including any piling, cannot be undertaken in the dry or where such works are required in areas that are submerged or partially covered by water, the following must be implemented—

(a)vibro-piling must be used until first refusal and impact piling must be used thereafter to toe in the piles;

(b)where percussive piling is necessary, soft-start procedures are to be used to ensure an incremental increase in pile power, over a period of not less than 20 minutes until full operational power is achieved; and

(c)where piling ceases for at least 10 minutes the soft-start procedures must be repeated.

Noise registry

16.  Where impact piling is required as part of a method statement approved by the MMO under condition 10, the undertaker must—

(a)prior to the commencement of a licensable marine activity in the marine area which involves impact pile driving—

(i)submit details of the expected location, start and end dates of impact pile driving to the Marine Noise Registry in order to satisfy the forward look requirements of the Marine Noise Registry; and

(ii)send copies of the notifications required under sub-paragraph (i) to the MMO Marine Licensing Team within 5 business days of the date of submission of the details required under sub-paragraph (i);

(b)within 12 weeks of completion of a licensed activity in the marine area which involves impact pile driving—

(i)submit details of the actual location, start and end dates of impact pile driving to the Marine Noise Registry in order to satisfy the close out requirements of the Marine Noise Registry; and

(ii)send copies of the notifications required under sub-paragraph (i) within 5 business days of the date of submission of the details required under sub-paragraph (i).

Removal of temporary structures, etc.

17.  The undertaker must remove all equipment, temporary structures, waste and debris associated with the licensable marine activities within 30 business days of the completion of those activities, unless otherwise agreed in writing by the MMO.

Notice of completion of licensable marine activity

18.  The undertaker must inform the MMO in writing of the completion of the last marine activity no more than 10 business days following the completion of the said activity.

Licensable marine activity at Coalhouse Point

19.—(1) The licensable marine activities referred to at paragraph 5(1)(c) must not commence until a detailed design plan has been submitted to and approved in writing by the MMO. The detailed design plan must include—

(a)the specifications and dimensions of the water inlet;

(b)the proposed location, including grid co-ordinates;

(c)a construction programme including details of—

(i)the proposed construction commencement date; and

(ii)proposed timings for mobilisation of plant, delivery of materials and construction; and

(d)a construction method statement in accordance with the construction methods assessed in the environmental statement.

PART 5PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of “return”

20.  In this Part, “return” means a submission by the undertaker for approval by the MMO of any method statement or plan required under Part 4 of this licence.

Further information regarding return

21.—(1) The MMO may request in writing such further information from the undertaker as is necessary to enable the MMO to consider the return.

(2) If the MMO does not make a request under sub-paragraph (1) within 30 business days of the day immediately following that on which the return is received by the MMO, it is deemed to have sufficient information to consider the return and is not entitled to request further information after this date without the prior agreement of the undertaker.

Determination of return

22.—(1) In determining the return the MMO may have regard to—

(a)the return and any supporting information or documentation;

(b)any further information provided by the undertaker in accordance with paragraph 21; and

(c)such matters as the MMO thinks relevant.

(2) Having considered the return the MMO must—

(a)grant the return unconditionally;

(b)grant the return subject to conditions as the MMO thinks fit; or

(c)refuse the return.

Notice of determination

23.—(1) Subject to sub-paragraph (2) or (3), the MMO must give notice to the undertaker of the determination of the return within 30 business days of the day immediately following that on which the return is received by the MMO, or as soon as reasonably practicable after that date.

(2) Where the MMO has made a request under paragraph 21, the MMO must give notice to the undertaker of the determination of the return no later than 30 business days of the day immediately following that on which the further information is received by the MMO, or as soon as reasonably practicable after that date.

(3) Where the MMO determines it is not reasonably practicable to make a determination pursuant to sub-paragraph (1) or (2) within 30 business days, it must notify the undertaker as soon as reasonably practicable and provide confirmation in writing of the intended determination date.

(4) Where the MMO refuses the return the refusal notice must state the reasons for the refusal.

Arbitration

24.  Regulations made under section 73 of the 2009 Act apply to any difference under any provision of this licence and article 64 (arbitration) does not apply.

PART 6CHANGES TO THE DEEMED MARINE LICENCE

25.—(1) In the event that the undertaker wishes to undertake the licensable marine activity contrary to the conditions of this licence, it must inform the MMO at the earliest opportunity and request a variation to the conditions of this licence.

(2) The undertaker must not carry out any licensable marine activity contrary to the conditions of this licence until a variation to the licence has been approved by the MMO pursuant to its powers under section 72(3) of the 2009 Act.

(3) The provisions of sections 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 8 (Consent to transfer benefit of Order).

(4) The MMO must give notice to the undertaker of the determination of the variation request within 13 weeks from the day immediately following that on which the variation was requested, or as soon as reasonably practicable after that date, subject to the undertaker providing updated details of the licensable marine activity pursuant to paragraph 10 and adequately justifying the requested variation to the reasonable satisfaction of the MMO.