SCHEDULES

SCHEDULE 11DEEMED MARINE LICENCE UNDER THE 2009 ACT—GENERATION ASSETS

PART 2CONDITIONS

Pre-construction plans and documentation

12.—(1) Each programme, statement, plan, protocol or scheme required to be approved under condition 11 (save for those required under conditions 11(1)(j) and 11(1)(p)) must be submitted for approval at least four months prior to the intended commencement of the authorised scheme or relevant part thereof, except where otherwise stated or otherwise agreed in writing by the MMO.

(2) The monitoring plan required under condition 11(1)(j) must be submitted in accordance with the following, unless otherwise agreed in writing with the MMO—

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

(b)at least six months prior to construction, detail on construction monitoring; and

(c)at least six months prior to commissioning, detail of post-construction (and operational) monitoring.

(3) The monitoring plan required under condition 11(1)(p) must be submitted in accordance with the following, unless otherwise agreed in writing with the MMO, in consultation with Natural England—

(a)at least six months prior to the first survey, detail of any proposed pre-construction monitoring; and

(b)at least six months prior to commissioning, detail of any proposed post-construction and operational monitoring.

(4) The MMO must determine an application for approval made under condition 11 within a period of four months commencing on the date the application is received by the MMO, except where an application is required to be made no less than six months prior to the intended commencement of the authorised scheme or relevant activity in which case the MMO must determine the application for approval within the period of six months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker.

(5) No part of the authorised scheme may commence until for that relevant part of the authorised scheme the MMO has approved in writing any relevant programme, statement, plan, protocol or scheme required to be approved under condition 11.

(6) The authorised scheme must be carried out in accordance with the approved plans, protocols, statements, schemes and details approved under condition 11, unless otherwise agreed in writing by the MMO, in consultation with (where relevant) Natural England.