SCHEDULES
SCHEDULE 11DEEMED MARINE LICENCE UNDER THE 2009 ACT—GENERATION ASSETS
PART 2CONDITIONS
Post-construction monitoring
schedule 11 paragraph 18 18.—(1) The undertaker must, in discharging condition 11(1)(j), submit a monitoring plan for the post-construction monitoring providing details of proposed post-construction surveys, including methodologies (including appropriate buffers, where relevant) and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must be in accordance with the 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 pre–construction position and/or will enable the validation or otherwise of key predictions in the environmental statement and is to include a survey to determine the location, extent and composition of and Sabellaria spinulosa reef and potential nesting sites for black seabream.
(2) The surveys to be undertaken pursuant to sub-paragraph (1) must include a swath bathymetric survey to IHO Order 1a of those parts of the offshore Order limits where the authorised scheme has been constructed and provide the data and survey report(s) to the MCA and UKHO. 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.
(3) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO.
(4) Within 12 weeks of completion of any array cable repair or replacement works, the undertaker must undertake a post installation survey along the section of array cable that has undergone repair or replacement undertaken to IHO Order 1a standard, to demonstrate the successful burial of the array cable and submit a report to the MMO, the MCA and Trinity House on its findings.
(5) In the event that the reports provided to the MMO under sub-paragraph (3) identify impacts which are unanticipated and/or in the view of the MMO in consultation with the relevant statutory nature conservation body are significantly beyond those predicted within the Environmental Statement, the Habitats Regulations Assessment, and the Marine Conservation Zone Assessment an adaptive management plan to reduce effects to within what was predicted within the Environmental Statement, the Habitats Regulations Assessment, and the Marine Conservation Zone Assessment, unless otherwise agreed by the MMO in writing in consultation with the relevant statutory nature conservation body, must be submitted alongside the monitoring reports submitted under sub-paragraph (3). This plan must be agreed by the MMO in consultation with the relevant statutory nature conservation bodies to reduce effects to an agreed suitable level for this project. Any such agreed and approved adaptive management or mitigation should be implemented and monitored in full to a timetable first agreed in writing with the MMO in consultation with the relevant statutory nature conservation body. In the event that this adaptive management or mitigation requires a separate consent, the undertaker must apply for such consent. Where a separate consent is required to undertake the agreed adaptive management or mitigation, the undertaker shall only be required to undertake the adaptive management or mitigation once the consent is granted.
(6) The undertaker must, in discharging condition 11(1)(p), submit a monitoring scheme providing details of proposed post-construction and operational surveys, including methodologies and timings, and a proposed format, content and timings for providing post-construction and operational monitoring reports. The scheme must be in accordance with the great black-backed gull monitoring plan approved under condition 11(1)(p) and must—
schedule 11 paragraph 18 6 a (a)specify each survey’s objectives and explain how it will assist in informing a useful and valid comparison with the pre-construction position and how it will enable the validation or otherwise of key predictions in the environmental statement;
schedule 11 paragraph 18 6 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 array area, and the rates of collision and avoidance of great black-backed gulls with wind turbine generators within the array area; and
schedule 11 paragraph 18 6 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 post-construction and operational position, with any limitations, and must make clear what pre-construction comparison is intended and the justification for this.
(7) The undertaker must carry out the surveys as agreed under sub-paragraph (6) and provide the post-construction and operational 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.
(8) Any monitoring report compiled in accordance with the monitoring schemes required under sub-paragraph (6) must be provided to the MMO and Natural England no later than four months following completion of the monitoring to which it relates, unless otherwise agreed in writing by the MMO, in consultation with Natural England.
(9) All monitoring reports must be made publicly available and submitted to relevant evidence databases no later than six months following completion of the monitoring required by the great black-backed gull monitoring plan as approved under condition 11(1)(p) unless otherwise agreed in writing by the MMO, in consultation with Natural England.
(10) In the event that the reports provided to the MMO and Natural England under sub-paragraph (6) identify impacts which are unanticipated and/or in the view of the MMO in consultation with the relevant statutory nature conservation body are significantly beyond those predicted within the Environmental Statement, an adaptive management plan to reduce effects to within what was predicted within the Environment Statement, unless otherwise agreed by the MMO in writing in consultation with the relevant statutory nature conservation body, must be submitted alongside the monitoring reports submitted under sub-paragraph (6). This plan must be agreed by the MMO in consultation with the relevant statutory nature conservation bodies. Any such agreed and approved adaptive management or mitigation should be implemented and monitored in full to a timetable agreed in writing with the MMO, in consultation with the relevant statutory nature conservation body. In the event that this adaptive management or mitigation requires a separate consent, the undertaker must apply for such consent. Where a separate consent is required to undertake the agreed adaptive management or mitigation, the undertaker shall only be required to undertake the adaptive management or mitigation once the consent is granted.