PART 4SUPPLEMENTAL POWERS

Public rights of navigation

20.—(1) Subject to sub-paragraph (2), the rights of navigation over the places in the sea where any of the permanent structures are located within territorial waters will be suspended.

(2) The suspension of the rights of navigation over the places identified in sub-paragraph (1) will take effect 14 days after the undertaker has submitted a plan to the Secretary of State, Trinity House, the Maritime Coastguard Agency and the MMO showing the precise locations of the foundations of each of any such permanent structure to be constructed as part of the authorised development within territorial waters.

(3) In respect of the location of any individual permanent structure sub-paragraph (1) will cease to have effect as soon as that permanent structure has been decommissioned in accordance with a decommissioning programme approved under section 106 (approval of decommissioning programmes) of the 2004 Act and permanently removed, and the relevant rights of navigation will resume.

(4) The plan submitted in accordance with sub-paragraph (2) will be published by the undertaker as required by the Secretary of State.

(5) In this article 20 “permanent structures” means wind turbine generators and offshore substations including their foundations.