SCHEDULES

SCHEDULE 12DEEMED MARINE LICENCE UNDER THE 2009 ACT— TRANSMISSION ASSETS

PART 2CONDITIONS

Pre-construction plans and documentation

schedule 12 paragraph 11 + 11.—(1) The authorised scheme or any part thereof must not commence until the following (insofar as relevant to that activity) has been submitted to and approved in writing by the MMO, following consultation with (where relevant) Natural England, Trinity House and the MCA—

schedule 12 paragraph 11 1 a + (a)A design plan at a scale of between 1:25,000 and 1:50,000, including detailed representation on the most suitably scaled admiralty chart, which shows—

schedule 12 paragraph 11 1 a i + (i)the proposed location, including grid co-ordinates of the centre point of the proposed location for each wind turbine generator permitted pursuant to licence 1 (generation), offshore substation and the array periphery and choice of foundation types and depths for all offshore substations;

schedule 12 paragraph 11 1 a ii + (ii)the number, specifications and dimensions of the offshore substations;

schedule 12 paragraph 11 1 a iii + (iii)the proposed length location and arrangement of interconnector cables and export cables comprising Work Nos. 3 to 6 targeting areas of seabed that maximise cable burial;

schedule 12 paragraph 11 1 a iv + (iv)the dimensions of all monopile foundations or multileg foundations;

schedule 12 paragraph 11 1 a v + (v)any exclusion zones/environmental micrositing requirements due to marine heritage constraints, environmental constraints or difficult ground conditions discovered post approval under this condition 11 (pre-construction plans and documentation) and condition 16 (pre-construction monitoring and surveys); and

schedule 12 paragraph 11 1 a vi + (vi)that the details set out in relation to sub-paragraphs (i) to (v) do not prevent that part of the wind farm separation zone oriented north to south being open and navigable for all vessels and compliant with Marine Guidance Note (MGN) 654,

to ensure conformity with the description of Work Nos. 3 to 6 and compliance with conditions 1 to 3;

schedule 12 paragraph 11 b + (b)a construction programme to include details of—

schedule 12 paragraph 11 b i + (i)the proposed construction start date;

schedule 12 paragraph 11 b ii + (ii)proposed timings for mobilisation of plant delivery of materials and installation works; and

schedule 12 paragraph 11 b iii + (iii)an indicative written construction programme for all offshore substations and cable circuit installation works comprised in Work Nos. 3 to 6 at paragraph 3 of Part 1 (licenced marine activities) of this Schedule (insofar as not shown in sub-paragraph (ii)),

unless otherwise agreed in writing with the MMO;

schedule 12 paragraph 11 c + (c)a construction method statement in accordance with the construction methods assessed in the environmental statement including details of—

schedule 12 paragraph 11 c i + (i)foundation installation methodology, including whether or not gravel bags will be used, a dredging protocol, piling methods including maximum proposed hammer energy, drilling methods and disposal of drill arisings and material extracted to include seabed preparation for foundation installation works where relevant;

schedule 12 paragraph 11 c ii + (ii)advisory safe passing distances for vessels around construction sites;

schedule 12 paragraph 11 c iii + (iii)advisory exclusion zones during any piling activities;

schedule 12 paragraph 11 c iv + (iv)cable installation method including a dredging protocol, export cable and interconnector cable installation works and minimisation of direct and indirect seabed disturbance footprint for the export cable and interconnector cables;

schedule 12 paragraph 11 c v + (v)any exclusion zones/environmental micrositing requirements for cable circuit routing;

schedule 12 paragraph 11 c vi + (vi)contractors;

schedule 12 paragraph 11 c vii + (vii)vessels and vessels transit corridors;

schedule 12 paragraph 11 c viii + (viii)associated ancillary works;

schedule 12 paragraph 11 c ix + (ix)guard vessels to be employed; and

schedule 12 paragraph 11 c x + (x)carbon measuring and reporting;

schedule 12 paragraph 11 d + (d)a project environment management plan which accords with the outline project environment management plan, which must be submitted to the MMO at least six months prior to commencement of the authorised scheme or the relevant part thereof and is to include details of—

schedule 12 paragraph 11 d i + (i)a marine pollution contingency plan, which accords with the outline marine pollution contingency plan, to address the risks, methods and procedures to deal with any spills and collision incidents of the authorised scheme in relation to all activities carried out;

schedule 12 paragraph 11 d ii + (ii)a chemical risk assessment to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;

schedule 12 paragraph 11 d iii + (iii)a marine biosecurity plan detailing how the risk of introduction and spread of invasive non-native species will be minimised; and

schedule 12 paragraph 11 d iv + (iv)waste management and disposal arrangements;

schedule 12 paragraph 11 e + (e)a vessel traffic monitoring strategy which accords with the outline vessel traffic monitoring strategy comprising part of the offshore in-principle monitoring plan which is to include—

schedule 12 paragraph 11 e i + (i)vessel traffic monitoring by automatic identification system for the duration of the construction period;

schedule 12 paragraph 11 e ii + (ii)post-construction vessel traffic monitoring by automatic identification system for the period of three consecutive years following the completion of construction of authorised scheme; and

schedule 12 paragraph 11 e iii + (iii)submission of a report to the MMO, Trinity House and the MCA at the end of each year of the construction period and the following three years post-construction;

schedule 12 paragraph 11 f + (f)a vessel management plan including a code of conduct for vessel operators which must incorporate the Working in Proximity to Wildlife in the Marine Environment Protocol which shall apply during both construction and the operational lifetime of the authorised scheme;

schedule 12 paragraph 11 g + (g)a fisheries liaison and co-existence plan which accords with the outline fisheries liaison and co-existence plan;

schedule 12 paragraph 11 h + (h)a diver communication plan which accords with the outline diver communication plan;

schedule 12 paragraph 11 i + (i)a scour protection and cable protection plan which accords with the outline scour protection and cable protection plan providing details of the need, type, sources, quantity and installation methods for scour protection, which must be updated and resubmitted for approval if changes to it are proposed following cable laying operations;

schedule 12 paragraph 11 j + (j)a monitoring plan which accords with the offshore in-principle monitoring plan and is to detail proposals for pre-construction monitoring surveys, construction monitoring, post-construction monitoring and related reporting;

schedule 12 paragraph 11 k + (k)a sensitive features mitigation plan which accords with the in-principle sensitive features mitigation plan which must be submitted to the MMO at least six months prior to commencement of the authorised scheme or the relevant part thereof and is to include spatial and temporal restrictions on piling activities;

schedule 12 paragraph 11 l + (l)in the event that driven or part-driven pile foundations are proposed to be used—

schedule 12 paragraph 11 l i + (i)the hammer energy used to drive or part-drive the pile foundations must not exceed—

schedule 12 paragraph 11 l i aa + (aa)4,400kJ in respect to monopile foundations; and

schedule 12 paragraph 11 l i bb + (bb)2,500kJ in respect of pin piles;

schedule 12 paragraph 11 l ii + (ii)a piling marine mammal mitigation protocol which accords with the draft piling marine mammal mitigation protocol, the intention of which is to prevent injury to marine mammals, including details of soft start procedures with specified duration periods following current best practice as advised by the relevant statutory nature conservation bodies;

schedule 12 paragraph 11 m + (m)a UXO marine mammal mitigation protocol which accords with the draft UXO marine mammal mitigation protocol;

schedule 12 paragraph 11 n + (n)a cable specification and installation plan which accords with the outline cable specification and installation plan, to include—

schedule 12 paragraph 11 n i + (i)technical specification of offshore cable circuits on or below the seabed, including a desk-based assessment of attenuation of electro-magnetic field strengths, shielding and cable circuit burial depth in accordance with industry good practice;

schedule 12 paragraph 11 n ii + (ii)a sandwave and other seabed clearance plan for all designated sites affected, including details of the volumes of material to be dredged, timing of works, locations for disposal and monitoring proposals;

schedule 12 paragraph 11 n iii + (iii)a detailed cable laying plan for the Order limits, incorporating a burial risk assessment which accords with the outline cable burial risk assessment, encompassing the identification of any cable protection that exceeds 5% of navigable depth referenced to Chart Datum and, in the event that any area of cable protection exceeding 5% of navigable depth is identified, details of any steps (to be determined following consultation with the MCA and Trinity House) to be taken to ensure existing and future safe navigation is not compromised or similar such assessment to ascertain suitable burial depths and cable circuit laying techniques, including cable protection;

schedule 12 paragraph 11 n iv + (iv)proposals for the volume and areas of cable protection to be used for each cable crossing (if any) and arrangements for crossing and proximity agreements to be put in place with existing subsea pipelines and cable operators;

schedule 12 paragraph 11 n v + (v)proposals for monitoring offshore cable circuits including cable protection during the operational lifetime of the authorised scheme which includes a risk based approach to the management of unburied or shallow buried cable circuits; and

schedule 12 paragraph 11 n vi + (vi)proposals for any necessary mitigation that may be required as a result of further site investigations, which must be approved by the MMO, in consultation with Natural England, prior to commencement of licensed activities;

schedule 12 paragraph 11 o + (o)proposals for any necessary mitigation that may be required as a result of further site investigations, which must be approved by the MMO, in consultation with Natural England, prior to commencement of licensed activities.an aid to navigation management plan to be agreed in writing by the MMO following consultation with Trinity House, to include details of how the undertaker will comply with the provisions of condition 6 (aids to navigation) from the commencement of construction of the authorised scheme to the completion of decommissioning; and

schedule 12 paragraph 11 p + (p)a great black-backed gull monitoring plan, which must detail proposals for pre-construction monitoring surveys, post-construction monitoring and related reporting.

(2) The authorised scheme must not commence unless no later than six months prior to the commencement a written scheme of archaeological investigation has been submitted to and approved by the MMO following consultation with West Sussex County Council (in relation to those part of the offshore Order limits landwards of MLWS) and the statutory historic body, in accordance with the outline marine written scheme of investigation, and in accordance with industry good practice, following consultation with the statutory historic body to include—

schedule 12 paragraph 11 2 a + (a)details of responsibilities of the undertaker, archaeological consultant and contractor;

schedule 12 paragraph 11 2 b + (b)a methodology for further site investigation and surveys including any target locations and specifications for geophysical geotechnical and diver or remotely operated vehicle investigations, removal of archaeological finds if required, and including for unexploded ordnance;

schedule 12 paragraph 11 2 c + (c)archaeological analysis of high resolution survey data, and timetable for reporting, which is to be submitted to the MMO within six months of any survey being completed;

schedule 12 paragraph 11 2 d + (d)delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones prior to construction;

schedule 12 paragraph 11 2 e + (e)monitoring of archaeological exclusion zones during and post construction;

schedule 12 paragraph 11 2 f + (f)a requirement for the undertaker to ensure that a copy of any agreed archaeological report is deposited with the Archaeological Data Service, by submitting an OASIS (‘Online Access to the Index of archaeological investigations’) form with a digital copy of the report within six months of completion of construction of the authorised scheme, and to notify the MMO and the statutory historic body that the OASIS form has been submitted to the Archaeological Data Service within two weeks of submission;

schedule 12 paragraph 11 2 g + (g)a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised scheme; and

schedule 12 paragraph 11 2 h + (h)a timetable for further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the relevant parts of the offshore Order limits and the approval of any necessary mitigation required as a result of the further site investigations prior to commencement of licensed activities.

(3) Pre-commencement surveys and archaeological investigations and pre-commencement material operations which involve intrusive activities must only take place in accordance with a specific outline marine written scheme of investigation (which must accord with the details set out in the outline marine written scheme of investigation) which has been submitted to and approved by the MMO.