SCHEDULES

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

PART 1LICENSED MARINE ACTIVITIES

schedule 12 part 1 paragraph 1 + 1.—(1) In this licence—

term the 2004 act + “the 2004 Act” means the Energy Act 2004(1);

term the 2008 act + “the 2008 Act” means the Planning Act 2008(2);

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

term array area + “array area” means that part of the offshore Order limits in which Work Nos. 1, 2 and 3 may be undertaken as shown on the offshore works plans;

term array periphery + “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) of the Order and identified in the design plan to be approved pursuant to the deemed marine licence (generation assets);

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

term authorised development + “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 of the 2008 Act;

term authorised scheme + “authorised scheme” means Work Nos. 3 to 6 described in paragraph 3 of Part 1 of this licence or any part of those works;

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

term cable protection + “cable protection” means physical measures for the protection of export cables 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 and other materials and protective shells or sheaths;

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

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

term defence infrastructure organisation safeguarding + “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;

term draft piling marine mammal mitigation protocol + “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;

term draft uxo marine mammal mitigation protocol + “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;

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

term environmental statement + “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) (certification of plans and documents etc);

term export cable + “export cable” means the cable circuits connecting the offshore substation(s) comprising Work No. 3(a) to those parts of the authorised scheme to be undertaken landward of mean high water springs comprising Work Nos. 4, 5 and 6;

term export cable corridor + “export cable corridor” means that part of the offshore Order limits seawards of MLWS excluding the array area;

term flow energy dissipation devices + “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;

term hdd + “HDD” refers to a trenchless technique for installing cables and cable ducts involving drilling in an arc between two points;

term in principle sensitive features mitigation plan + “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) ;

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

term interconnector cable + “interconnector cable” means the cable circuits comprising Work No. 3(b) connecting the offshore substations comprising Work No. 3(a);

term kingfisher fortnightly bulletin + “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;

term lat + “LAT” means lowest astronomical tide;

term licence 1 generation + “licence 1 (generation)” means the licence set out in Schedule 11 (deemed licence under the 2009 Act – generation assets) of the Order;

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

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

term maintain + “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;

term mmo + “Marine Management Organisation” or “MMO” means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence;

term mca + “MCA” means the Maritime and Coastguard Agency;

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

term mlws + “mean low water springs” or “MLWS” means the lowest level which spring tides reach on average over a period of time;

term monopile foundation + “monopile foundation” means a steel 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;

term multileg foundation + “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;

term rampion array area + “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;

term the offshore in principle monitoring plan + “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) ;

term the offshore order limits + “the offshore Order limits” means the offshore 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;

term the offshore order limits and grid coordinates plan + “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) ;

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

term offshore works plan + “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;

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

term outline cable burial risk assessment + “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) ;

term outline cable specification and installation plan + “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 50 (certification of plans and documents etc);

term outline diver communications plan + “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);

term outline fisheries liaison and co existence plan + “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);

term outline marine written scheme of investigation + “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 purposes of the Order under article 49 (certification of plans and documents etc);

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

term outline scour protection and cable protection plan + “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 the Order under article 49 (certification of plans and documents etc);

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

term scour protection + “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;

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

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

term suction bucket + “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;

term trinity house + “Trinity House” means the Corporation of Trinity House of Deptford Strond;

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

term uxo + “UXO” means unexploded ordnance;

term undertaker + “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;

term vessel + “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;

term vhf + “VHF” means very high frequency;

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

term wind turbine generator + “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 comprising Work No 1 as described in licence 1 (generation); and

term working in proximity to wildlife in the marine environment protocol + “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—

schedule 12 paragraph 1 3 a + (a)all times are taken to be Greenwich Mean Time (GMT); and

schedule 12 paragraph 1 3 b + (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—

schedule 12 paragraph 1 4 a + (a)Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle Business Park

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032;

schedule 12 paragraph 1 4 b + (b)Marine Management Organisation (local office)

Shoreham office

Pilots’ Watch House

Basin Road South

Portslade

West Sussex

BN41 1WD;

schedule 12 paragraph 1 4 c + (c)Trinity House

Tower Hill

London EC3N 4DH

Tel: 020 7481 6900;

schedule 12 paragraph 1 4 d + (d)The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900;

schedule 12 paragraph 1 4 e + (e)Maritime and Coastguard Agency

UK Technical Services Navigation

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: 020 3817 2554;

schedule 12 paragraph 1 4 f + (f)Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244;

schedule 12 paragraph 1 4 g + (g)Natural England

4th Floor

Foss House

1-2 Peasholme Green

York

YO1 7PX

Tel: 0300 060 4911;

schedule 12 paragraph 1 4 h + (h)Historic England

4^th Floor, Cannon Bridge House

25 Downgate Hill

London

EC4R 2YA.

Details of licensed marine activities

schedule 12 part 1 paragraph 2 + 2.  Subject to the licence conditions, this licence authorises the undertaker (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act—

schedule 12 paragraph 2 a + (a)the deposit at sea within the offshore Order limits of the substances and articles specified in paragraph 4;

schedule 12 paragraph 2 b + (b)the disposal at sea of up to 2,568,500 cubic metres of inert material of natural origin and/or dredged material produced during construction drilling or seabed preparation for foundation works and sandwave and other seabed preparation and cable circuit installation works comprising Work Nos. 3 and 4 and the maintenance of such works within that part of the offshore Order limits comprising the array area provided that such quantity of material permitted to be disposed of in the array area must take account of and include material disposed of in the array area during the carrying out and maintenance of Work Nos. 1 and 2 as permitted pursuant to licence 1 (generation);

schedule 12 paragraph 2 c + (c)the disposal at sea of up to 340,720 cubic metres of inert material of natural origin and/or dredged material within the offshore Order limits produced during construction drilling or seabed preparation for cable circuit installation works comprising Work Nos. 4 and 5 or by construction of exit pits in connection with horizontal directional drilling comprising Work No. 5 in the export cable corridor provided that such material may subsequently be used to the extent required for reinstatement of the exit pits comprising Work No. 5;

schedule 12 paragraph 2 d + (d)the construction of works in or over the sea and/or on or under the sea bed;

schedule 12 paragraph 2 e + (e)dredging for the purposes of seabed preparation for foundation works and/or electrical circuit works and/or cable circuit installation works;

schedule 12 paragraph 2 f + (f)the removal of sediment samples for the purposes of informing environmental monitoring under this licence during pre-construction, construction and operation; and

schedule 12 paragraph 2 g + (g)site clearance and preparation works including debris removal, levelling, boulder clearance works either by displacement ploughing or subsea grab technique or any other equivalent method and removal of static fishing equipment.

schedule 12 part 1 paragraph 3 + 3.—(1) Such activities are authorised in relation to the construction, maintenance and operation of the following in the locations shown on the offshore works plans—

schedule 12 paragraph 3 1 a + (a)Work No. 3—

schedule 12 paragraph 3 1 a i + (i)up to three offshore substations each fixed to the seabed by monopile foundation, or multileg foundation and including connection to the cable circuits comprising Work No. 2(b) approved pursuant to licence 1 (generation), cable circuits comprising Work No. 3(b) and cable circuits comprising Work No. 4; and

schedule 12 paragraph 3 1 a ii + (ii)up to two offshore interconnector cables in total each connecting one offshore substation to another.

schedule 12 paragraph 3 1 b + (b)Work No. 4— up to four cable circuits in total between and connecting one or more of the offshore substations comprising Work No. 3(a) and the cable circuits comprising Work No. 5 laid on or beneath the seabed.

schedule 12 paragraph 3 1 c + (c)Work No. 5—

schedule 12 paragraph 3 1 c i + (i)up to four temporary horizontal directional drilling exit pits located seaward of MLWS; and

schedule 12 paragraph 3 1 c ii + (ii)up to four cable circuits and associated ducts between and connecting the cable circuits comprising Work No. 4 and the cable circuits comprising Work No. 6 laid on or beneath the seabed or in ducts laid on or beneath the seabed.

schedule 12 paragraph 3 1 d + (d)Work No. 6— landfall connection works comprising up to four cable circuits and associated ducts laid underground by horizontal directional drilling within the Order limits seaward of MHWS and landward of MLWS connecting Work No. 5 and those parts of the authorised development to be undertaken landward of MHWS.

(2) In connection with such Work Nos. 3 to 6 and to the extent that they do not otherwise form part of any such work, further associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised scheme and which fall within the scope of the work assessed by the environmental statement and the provisions of this licence including—

schedule 12 paragraph 3 2 a + (a)scour protection around the foundations of the offshore structures;

schedule 12 paragraph 3 2 b + (b)cable protection;

schedule 12 paragraph 3 2 c + (c)dredging;

schedule 12 paragraph 3 2 d + (d)the removal of material from the seabed and the disposal of inert material of natural origin within the Order limits produced during construction drilling, seabed preparation for foundation works, and cable installation preparation such as sandwave clearance, boulder clearance, and pre-trenching;

schedule 12 paragraph 3 2 e + (e)removal of static fishing equipment; and

schedule 12 paragraph 3 2 f + (f)such other works as may be necessary or expedient for the purpose of or in connection with the construction or use of the authorised scheme and which are within the scope of the environmental impact assessment recorded in the environmental statement.

(3) In connection with such Work Nos. 3, 4, 5 and 6 ancillary works within the Order limits which have been subject to an environmental impact assessment recorded in the environmental statement comprising—

schedule 12 paragraph 3 3 a + (a)temporary landing places, moorings or other means of accommodating vessels in the construction and/or maintenance of the authorised scheme; and

schedule 12 paragraph 3 3 b + (b)marking buoys, beacons, fenders and other navigational warning or ship impact protection works.

schedule 12 part 1 paragraph 4 + 4.  The substances or articles authorised for deposit at sea are—

schedule 12 paragraph 4 a + (a)iron and steel, copper and aluminium;

schedule 12 paragraph 4 b + (b)stone and rock;

schedule 12 paragraph 4 c + (c)concrete;

schedule 12 paragraph 4 d + (d)sand and gravel;

schedule 12 paragraph 4 e + (e)plastic and synthetic material;

schedule 12 paragraph 4 f + (f)material extracted from within the offshore Order limits during construction drilling and seabed preparation works for foundation works and seabed preparation works and export cable installation and from the construction of exit pits in connection with horizontal directional drilling comprising Work No. 5 and Work No. 6; and

schedule 12 paragraph 4 g + (g)marine coatings, other chemicals and timber.

schedule 12 part 1 paragraph 5 + 5.—(1) The grid coordinates for that part of the offshore Order limits where those parts of the authorised project comprising Work No. 3(a) may be carried out as shown on the offshore works plans are specified below—

(2) The grid coordinates for that part of the offshore Order limits where those parts of the authorised project comprising Work No. 3(b) may be carried out as shown on the offshore works plan are specified below—

(3) The grid coordinates for that part of the offshore Order limits where those parts of the authorised project comprising Work No. 4 may be carried out as shown on the offshore works plan are specified below—

(4) The grid coordinates for that part of the offshore Order limits seaward of MLWS where those parts of the authorised project comprising Work No. 5 may be carried out as shown on the works plan are specified below—

schedule 12 part 1 paragraph 6 + 6.  This licence remains in force until the authorised scheme has been decommissioned in accordance with a programme approved by the Secretary of State under section 106 (approval of decommissioning programmes) of the 2004 Act, including any modification to the programme under section 108, and the completion of such programme has been confirmed by the Secretary of State in writing.

schedule 12 part 1 paragraph 7 + 7.  The provisions of sections 72 (variation, suspension, revocation and transfer) of the 2009 Act apply to this licence except that the provisions of section 72(7) and (8) relating to the transfer of the licence only apply to a transfer not falling within article 5 (benefit of the Order) of the Order.

schedule 12 part 1 paragraph 8 + 8.  With respect to any condition which requires the authorised scheme or licensed activities to be carried out in accordance with the plans, protocols or statements approved under this licence, the approved details, plan or scheme are taken to include any amendments that may subsequently be approved in writing by the MMO.

schedule 12 part 1 paragraph 9 + 9.  Any amendments to or variations from the approved plans, protocols or statements must be in accordance with the principles and assessments set out in the environmental statement and approval for an amendment or variation may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the MMO that the amendment or variation is unlikely to give rise to any new or materially different environmental effects from those assessed in the environmental statement.