SCHEDULES
SCHEDULE 11DEEMED MARINE LICENCE UNDER THE 2009 ACT—GENERATION ASSETS
PART 2CONDITIONS
Pre-construction monitoring and surveys
schedule 11 paragraph 16 16.—(1) The undertaker must, in discharging condition 11(1)(j) in respect of surveys and monitoring, provide details of proposed surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report and—
schedule 11 paragraph 16 1 a (a)the survey proposals must be in accordance with the principles set out in the offshore in-principle monitoring plan and 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 or will enable the validation or otherwise of key predictions in the environmental statement; and
schedule 11 paragraph 16 1 b (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) Subject to receipt from the undertaker of specific proposals pursuant to this condition, the pre-construction survey proposals must have due regard to the need to undertake—
schedule 11 paragraph 16 2 a (a)a full sea floor coverage swath–bathymetry survey undertaken to IHO Order 1a standard that meets the requirements of MGN654 and its annexes, and side scan sonar of those parts of the offshore Order limits in which it is proposed to carry out the authorised scheme including proposed cable locations and an appropriate buffer. This should fulfil the requirements of MGN654 and its supporting ‘Hydrographic Guidelines for Offshore Renewable Energy Developers’, which includes the requirement for the full density data and reports to be delivered to the MCA and the UKHO for the update of nautical charts and publications;
schedule 11 paragraph 16 2 b (b)a survey to determine the location, extent and composition of chalk habitats, stony reef and potential Sabellaria spinulosa reef features, potential nesting sites for black seabream, and peat and clay exposures as set out within the outline in-principle monitoring plan;
schedule 11 paragraph 16 2 c (c)inform future navigation risk assessments as part of the cable specification and installation plan; and
schedule 11 paragraph 16 2 d (d)inform the identification of any archaeological exclusion zone and post consent monitoring of any such archaeological exclusion zone.
(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 and in accordance with the agreed timetable, unless otherwise agreed in writing by the MMO and submitted to the MCA and submitted to the MCA in a form approved pursuant to MGN 654.
(4) The undertaker must, in discharging condition 11(1)(p), submit a monitoring scheme that provides details of proposed pre-construction surveys, including methodologies and timings, and a proposed format, content, and timings for providing pre-construction monitoring reports. The monitoring scheme must be in accordance with the great-black backed gull monitoring plan approved under condition 11(1)(p) and must—
schedule 11 paragraph 16 4 a (a)specify each survey’s objectives and explain how it will assist in informing a useful and valid comparison with the post-construction position, and how it will enable the validation or otherwise of key predictions in the environmental statement;
schedule 11 paragraph 16 4 b (b)have due regard to the need to undertake monitoring to determine the distribution and behaviour of great black-backed gulls within the Rampion array area, and the effectiveness of deterrents in reducing roosting behaviour and level of activity within the Rampion array area; and
schedule 11 paragraph 16 4 c (c)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.
(5) The undertaker must carry out the surveys as agreed under sub-paragraph (4) and provide the pre-construction monitoring reports to the MMO and Natural England in the agreed format and in accordance with the agreed timetable, unless otherwise agreed in writing by the MMO, in consultation with Natural England.