SCHEDULES

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

PART 1LICENSED MARINE ACTIVITIES

1.—(1) In this licence—

“the 2004 Act” means the Energy Act 2004(1);

“the 2008 Act” means the Planning Act 2008(2);

“the 2009 Act” means the Marine and Coastal Access Act 2009(3);

“array area” means that part of the offshore Order limits in which Work Nos. 1 and 2 may be undertaken as shown on the offshore works plan;

“array cable” means the network of offshore subsea cable circuits comprising Work No. 2 connecting the wind turbine generators in Work No. 1 to each other and to the offshore substations authorised pursuant to licence 2 (transmission);

“array periphery” means the outermost edge of the infrastructure to be constructed as Work No. 1 as described in Part 1 of Schedule 1 (authorised development) and identified in the design plan to be approved pursuant to condition 11 of the deemed marine licences;

“authorised deposits” means the substances and articles specified in paragraph 4 of Part 1 of this licence;

“authorised development” means the development and associated development described in Part 1 of Schedule 1 of the Order and any other development authorised by this Order that is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

“authorised scheme” means Work Nos. 1 and 2 together with any ancillary works described in paragraph 3 of Part 1 of this licence or any part of those works;

“buoy” means any floating device used for navigational purposes or measurement purposes including LiDAR buoys, wave buoys and guard buoys;

“cable crossings” means the crossing of existing subsea transmission cables or pipelines or other existing infrastructure by the array cables authorised by the Order together with physical protection measures including cable protection;

“cable protection” means measures for the protection of cable circuits from physical damage and exposure including but not limited to concrete mattresses and/or rock placement, bagged solutions filled with stone, rock or gravel, grout, concrete or other materials, and protective shells or sheaths;

“commence” means the first carrying out of any licensed marine activities or any part of the authorised scheme authorised by this marine licence, save for operations consisting of pre-construction surveys and monitoring approved under this licence and “commenced” and “commencement” must be construed accordingly;

“condition” means a condition in Part 2 of this licence;

“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield, West Midlands B75 7RL and any successor body to its functions;

“draft piling marine mammal mitigation protocol” means the document certified as the draft piling marine mammal mitigation protocol by the Secretary of State under article 49 (certification of plans and documents etc) of the Order;

“draft UXO marine mammal mitigation protocol” means the document certified as the draft UXO marine mammal mitigation protocol by the Secretary of State under article 49 (certification of plans and documents etc) of the Order;

“enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 of Part 4 (marine licensing) of the 2009 Act;

“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order article 49 (certification of plans and documents etc);

“flow energy dissipation devices” means solutions that dissipate flow energy and entrap sediment, and including options such as frond mats, mats of large, linked hoops, and structures covered with long spikes;

“in-principle sensitive features mitigation plan” means the document certified as the in principle sensitive features mitigation plan by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc);

“intrusive activities” means offshore activities including anchoring of vessels, jacking up of vessels, depositing soil and seabed clearance;

“Kingfisher Fortnightly Bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO for the purposes of this licence;

“LAT” means lowest astronomical tide;

“licence 2 (transmission)” means the licence set out in Schedule 12 (deemed licence under the 2009 Act – transmission assets) of the Order;

“licensed activities” means the activities specified in Part 1 of this licence;

“LiDAR” means the remote sensing method which uses light detection and ranging;

“maintain” includes inspect and survey, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace, to the extent assessed in the environmental statement; and derivatives of “maintain” must be construed accordingly;

“Marine Management Organisation” or “MMO” means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence or any successor in function;

“MCA” means the Maritime and Coastguard Agency;

“mean high water springs” or “MHWS” means the highest level which spring tides reach on average over a period of time;

“monopile foundation” means a metal pile, typically cylindrical, driven and/or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

“multileg foundation” means a lattice type structure constructed of steel, which may include scour protection and additional equipment such as, J-tubes, corrosion protection systems and access platforms;

“the offshore in-principle monitoring plan” means the document certified as the offshore in-principle monitoring plan by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc);

“the offshore Order limits” means that part of the Order limits defined by the offshore Order limits and grid coordinates plan and set out in table 1 in Part 1 of Schedule 1 to the Order;

“the offshore Order limits and grid coordinates plan” means the plan certified as the offshore Order limits and grid coordinates plan by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc);

“offshore substation” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks containing—

“offshore works plan” means the plan certified as the offshore works plan by the Secretary of State pursuant to article 49 (certification of plans and documents etc) of the Order;

“Order” means the Rampion 2 Offshore Wind Farm Order 2025;

“outline cable burial risk assessment” means the document certified as the outline cable burial risk assessment by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

“outline cable specification and installation plan” means the document certified as the outline cable specification and installation plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

“outline diver communications plan” means the document certified as the outline diver communications plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

“outline fisheries liaison and co-existence plan” means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc);

“outline marine written scheme of investigation” means the document certified as the outline offshore written scheme of investigation by the Secretary of State for the purpose of the Order under article 49 (certification of plans and documents etc);

“outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

“outline project environmental management plan” means the document certified as the outline offshore project environmental management plan by the Secretary of State for the purpose of the Order under article 49 (certification of plans and documents etc);

“outline scour protection and cable protection plan” means the plan or plans certified as the outline scour protection and cable protection plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

“pin piles” means cylindrical metal piles driven and/or drilled into the seabed to secure multileg foundations;

“Rampion array area” means that part of the offshore Order limits in which Work Nos. 1 and 2, as defined in The Rampion Offshore Wind Farm Order 2014(4), have been undertaken as approved by that Order;

“scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed using methods including rock or gravel placement, concrete mattresses, flow energy dissipation devices or bagged solutions;

“statutory historic body” means the Historic Buildings and Monuments Commission for England or its successor in function;

“statutory nature conservation body” means the appropriate nature conservation body as defined in regulation 5 of the Conservation of Habitats and Species Regulations 2017;

“suction bucket” means a steel cylindrical structure attached to the legs of a multileg foundation which partially or fully penetrates the seabed and remains in place using its own weight and hydrostatic pressure differential;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“UK Hydrographic Office” or “UKHO” means the UK Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;

“UXO” means unexploded ordnance;

“undertaker” means Rampion Extension Development Limited or such other person to whom the benefit of this licence is transferred pursuant to the terms of article 5 (benefit of the Order) of the Rampion 2 Offshore Windfarm Order 2025;

“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water;

“VHF” means very high frequency;

“wind farm separation zones” means those parts of the array area within which Work No. 1. and Work No. 3(a) as permitted pursuant to licence 2 (generation) may not be constructed as shown on the offshore works plan;

“wind turbine generator” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle, transition pieces and ancillary electrical and other equipment which may include J-tube(s), access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment, fixed to a foundation or transition piece; and

“Working in Proximity to Wildlife in the Marine Environment Protocol” means the document certified as Appendix 10 – Further information for action point 42 -proximity to marine wildlife by the Secretary of State for the purpose of this Order under article 49 (certification of plans and documents etc).

(2) A reference to any statute, order, regulation or similar instrument is construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(3) Unless otherwise indicated—

(a)all times are taken to be Greenwich Mean Time (GMT); and

(b)all co-ordinates are taken to be latitude and longitude degrees and minutes to two decimal places.

(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below and the address for returns and correspondence are—

(a)Marine Management Organisation

Marine Licensing Team

Lancaster House Hampshire Court

Newcastle Business Park

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032;

(b)Marine Management Organisation (local office)

Shoreham office

Pilots’ Watch House

Basin Road South

Portslade

West Sussex

BN41 1WD;

(c)Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900;

(d)The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900;

(e)Maritime and Coastguard Agency

UK Technical Services Navigation

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: 020 3817 2554;

(f)Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244;

(g)Natural England

4th Floor

Foss House

1-2 Peasholme Green

York

YO1 7PX

Tel: 0300 060 4911;

(h)Historic England

4^th Floor, Cannon Bridge House

25 Dowgate Hill

London

EC4R 2YA