SCHEDULES

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

PART 2CONDITIONS

Herring piling restriction

schedule 11 paragraph 26 + 26.—(1) No piling activity can commence within the eastern array area during the herring spawning season until a spawning herring piling restriction plan (in accordance with the outline spawning herring piling restriction plan) containing updated underwater noise modelling has been submitted to and approved by the MMO. The updated underwater noise model must be based on final project parameters to be used to install piles in the eastern array area and must include details of any verified mitigation measures to be employed.

(2) If the herring spawning plan demonstrates that noise levels associated with piling activity in the eastern array area during the herring spawning season will exceed the levels shown on the spawning herring piling restriction plan then no piling activity may be undertaken within the eastern array area during the herring spawning season without the written approval of the MMO.

(3) All piling activity within the eastern array area during the herring spawning season must be undertaken in accordance with the details approved under sub-paragraph (1) or as required as a condition of approval under sub-paragraph (2).

(4) In this condition—

term eastern array area + “eastern array area” means the area identified as the eastern array area within the spawning herring piling restriction plan;

term outline spawning herring piling restriction plan + “outline spawning herring piling restriction plan” means the plan certified as the outline spawning herring piling restriction plan by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc); and

term herring spawning season + “herring spawning season” means 1 November to 31 January inclusive.