SCHEDULES
SCHEDULE 15DEEMED MARINE LICENCE
PART 4CONDITIONS
General conditions
schedule 15 paragraph 7 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.
schedule 15 paragraph 8 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
schedule 15 paragraph 9 9.—(1) The MMO must be notified in writing of—
schedule 15 paragraph 9 1 a (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
schedule 15 paragraph 9 1 b (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—
schedule 15 paragraph 9 2 a (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.
schedule 15 paragraph 9 2 b (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.
schedule 15 paragraph 9 2 c (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—
schedule 15 paragraph 9 3 a (a)provide the start date of any licensed activities;
schedule 15 paragraph 9 3 b (b)be provided to the MMO Marine Licensing Team within 5 business days of publication.
Construction method statement
schedule 15 paragraph 10 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—
schedule 15 paragraph 10 2 a (a)the details of the entity responsible for the carrying out of the licensed activity;
schedule 15 paragraph 10 2 b (b)a programme of works including the timings, duration and the location of the licensable marine activity;
schedule 15 paragraph 10 2 c (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;
schedule 15 paragraph 10 2 d (d)contractor and vessel details;
schedule 15 paragraph 10 2 e (e)plans and sections;
schedule 15 paragraph 10 2 f (f)details of where the licensable marine activity was assessed in the Environmental Statement;
schedule 15 paragraph 10 2 g (g)details of materials to be placed in or removed from the marine area;
schedule 15 paragraph 10 2 h (h)environmental mitigation measures; and
schedule 15 paragraph 10 2 i (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
schedule 15 paragraph 11 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
schedule 15 paragraph 12 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
schedule 15 paragraph 13 13. The undertaker must ensure that only coatings and treatments can be used that are suitable for use in the marine environment.
Spills, etc.
schedule 15 paragraph 14 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
schedule 15 paragraph 15 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—
schedule 15 paragraph 15 3 a (a)vibro-piling must be used until first refusal and impact piling must be used thereafter to toe in the piles;
schedule 15 paragraph 15 3 b (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
schedule 15 paragraph 15 3 c (c)where piling ceases for at least 10 minutes the soft-start procedures must be repeated.
Noise registry
schedule 15 paragraph 16 16. Where impact piling is required as part of a method statement approved by the MMO under condition 10, the undertaker must—
schedule 15 paragraph 16 a (a)prior to the commencement of a licensable marine activity in the marine area which involves impact pile driving—
schedule 15 paragraph 16 a i (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
schedule 15 paragraph 16 a ii (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);
schedule 15 paragraph 16 b (b)within 12 weeks of completion of a licensed activity in the marine area which involves impact pile driving—
schedule 15 paragraph 16 b i (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
schedule 15 paragraph 16 b ii (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.
schedule 15 paragraph 17 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
schedule 15 paragraph 18 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
schedule 15 paragraph 19 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—
schedule 15 paragraph 19 1 a (a)the specifications and dimensions of the water inlet;
schedule 15 paragraph 19 1 b (b)the proposed location, including grid co-ordinates;
schedule 15 paragraph 19 1 c (c)a construction programme including details of—
schedule 15 paragraph 19 1 c i (i)the proposed construction commencement date; and
schedule 15 paragraph 19 1 c ii (ii)proposed timings for mobilisation of plant, delivery of materials and construction; and
schedule 15 paragraph 19 1 d (d)a construction method statement in accordance with the construction methods assessed in the environmental statement.