The Galloper Wind Farm Order 2013

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it shall give to the utility undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker shall, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and for the subsequent maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker in question shall, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Schedule shall be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 31 (arbitration).

• (5) The utility undertaker in question shall, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 31, and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Schedule.

• (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that it desires itself to execute any work to which this sub-paragraph applies, that work, instead of being executed by the utility undertaker, shall be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

• (7) Sub-paragraph (6) applies to any part of any work necessary in connection with construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land of the undertaker.

• (8) Nothing in sub-paragraph (6) shall authorise the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

6

• (1) Where, in accordance with the provisions of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 31 (arbitration).

• (2) In settling those terms and conditions in respect of the alternative apparatus to be constructed in or along any railway, the arbitrator shall—

• (a) give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the railway and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the undertaker or the traffic on the railway; and

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or along the railway for which the alternative apparatus is to be substituted.

• (3) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and right enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator shall make such provision for the payment of compensation by the undertaker to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

7

• (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 6(2), the undertaker shall submit to the utility undertaker in question a plan, section and description of the works to be executed.

• (2) Those works shall be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and an officer of the utility undertaker shall be entitled to watch and inspect the execution of those works.

• (3) Any requirements made by the undertaker under sub-paragraph (2) shall be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

• (4) If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 5 and 6 shall apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).

• (5) Nothing in this paragraph shall preclude the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan, section and description.

• (6) The undertaker shall not be required to comply with sub-paragraph (1) in a case of emergency but in that case it shall give to the utility undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonable practicable subsequently and shall comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

8

• (1) If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed the undertaker shall provide such alternative means of access to such apparatus as will enable the undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

• (2) Subject to the following provisions of this paragraph, the undertaker shall repay to a utility undertaker the reasonable expenses incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 5(2).

• (3) There shall be deducted from any sum payable under sub-paragraph (2) the value of any apparatus removed under the provisions of this Schedule, that value being calculated after removal.

• (4) If in accordance with the provisions of this Schedule—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 31 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertaker in question by virtue of sub-paragraph (2), shall be reduced by the amount of that excess.

• (5) For the purposes of sub-paragraph (4)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as placing of apparatus of greater dimensions than those of the existing Apparatus; and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

• (6) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works by virtue of sub-paragraph (2) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

9

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 6(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker shall—

• (a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

• (b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,

by reason or in consequence of any such damage or interruption.

• (2) Nothing in sub-paragraph (1) shall impose any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.

• (3) A utility undertaker shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made without the consent of the undertaker, which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

PART 2 — For the protection of EDF Energy

1

The following provisions of Part 2 of this Schedule shall have effect for the protection of EDF Energy in addition to the provisions of Part 1 of this Schedule.

Sizewell C proposed intake infrastructure

2

• (1) Save for urgent reasons of vessel safety and subject to sub-paragraph (3), the undertaker shall not carry out any of the authorised project (including the placement temporary or otherwise of anchors or moorings) within the areas coloured red on Plan number GWF 888 R3 Rev 3 (BEEMS-MS0345) each being a radius of 250 metres from a central point of—

• (a) Intake I3B 650726E 264262N

DMS 52° 13′ 10.045″ N 1° 40′ 9.404″ E; and

• (b) Intake I4B 650526E 263361

DMS 52° 12′ 41.271″ N 1° 39′ 56.487″ E.

• (2) Save for urgent reasons of vessel safety the undertaker shall not undertake any of the authorised project within the areas coloured orange on Plan number GWF 888 R3 Rev 3 (BEEMS-MS0345) each being a radius of 250 metres to 500 metres from a central point of—

• (a) Intake I3B 650726E 264262N

DMS 52° 13′ 10.045″ N 1° 40′ 9.404″ E; and

• (b) Intake I4B 650526E 263361

DMS 52° 12′ 41.271″ N 1° 39′ 56.487″ E

without having first submitted to and secured approval from EDF Energy details of the proposed method of working within these areas (such approval not to be unreasonably withheld or delayed) and thereafter the undertaker shall implement the authorised project in full accordance with such approved details.

• (3) Nothing in this paragraph shall prevent the passage of vessels within the area specified in sub-paragraph (1) prior to the construction of any works within that location by EDF Energy or the passage of vessels within the area specified in sub-paragraph (2) at any time.

Quality of Sizewell B cooling water intake

3

Save for urgent reasons of vessel safety which mean there is insufficient time to comply with sub-paragraph (a), in which case the undertaker shall use its reasonable endeavours to contact EDF Energy immediately, to inform of non-compliance, by a mechanism previously agreed in writing with EDF Energy—

• (a) all tug operations relating to anchor laying and barge manoeuvring carried out in water of depth less than twice the draft of the tugs being used by the undertaker west of 01° 38′ 55.478″ E, south of 52° 14′ 12.332″ N and north of 52° 11′ 15.619″ N as shown on drawing GWF 890 R3 Rev3 (BEEMS-MS0357A) will be restricted as follows—

• (i) for the area south of a line starting at the Intersection Point and running to the shore through WGS84 lat/long 52° 12′ 53.086″ N, 01° 38′ 00.049″ E (the “Dividing Line”), operations shall only be undertaken within periods of flood tide and +/- 1 hour adjoining slack high and slack low water periods;

• (ii) for the area north of the Dividing Line, operations shall only be undertaken within periods of ebb tide and +/- 1 hour adjoining slack high and slack low water periods;

• (b) this restriction in this paragraph applies unless EDF Energy otherwise agrees in writing either a modification of the procedure described above or an alternative protective measure relating to anchor laying and barge manoeuvring within the area west of 01° 38′ 55.478″ E, south of 52° 14′ 12.332″ N and north of 52° 11′ 15.619″ N shown on the plan and that alternative method is shown to be of no greater risk to the Sizewell B intake and its function (such agreement not to be unreasonably withheld or delayed);

• (c) the “Intersection Point” means the point where the line marked B to C on drawing GWF 890 R3 Rev3 (BEEMS-MS0357A) intersects with the northern boundary of the Order limits seaward of MHWS;

• (d) sub-paragraph (a) does not apply to vessels in transit.

Buffer zone for Sizewell B offshore infrastructure

4

• (1) No part of the works for the authorised project shall take place using vessels allied with those works within a buffer zone extending 300 metres from the Sizewell B cooling water intake and outfall and associated seabed culverts (as shown on drawing GWF 887 R3 Rev3 (BEEMS-MS0359A)) nor shall any anchor be placed within or chains or cables laid across that buffer zone during the course of such works unless the undertaker obtains the prior approval of EDF Energy (not to be unreasonably withheld or delayed) to the placement of such anchor or chains or cables within the buffer zone.

• (2) The relevant centre point positions for the 300 metre buffer zone are—

• (a) SZB cooling water intake—

WGS84 lat long: 52° 12′ 53.086″ N, 01° 38′ 00.049″ E;

• (b) the associated subseabed culvert runs from that position through MHWS at—

WGS84 lat long: 52° 12′ 50.742″ N, 01° 37′ 24.643″ E;

• (c) SZB cooling water outfall—

WGS84 lat long: 52° 12′ 54.965″ N, 01° 37′ 35.792″ E;

• (d) the associated subseabed culvert runs from that position through MHWS at—

WGS84 lat long: 52° 12′ 53.399″ N, 01° 37′ 24.647″ E.

Signed

Signed by authority of the Secretary of State for Energy and Climate Change

Giles Scott — Head of National Infrastructure Consents — Department of Energy and Climate Change — 24th May 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent for, and authorises Galloper Wind Farm Limited to construct, operate and maintain, an offshore generating station in the sea approximately 30 kilometres off the coast of Suffolk and to erect and keep overhead lines near Sizewell Wents, Sizewell in Suffolk, together with all necessary and associated development. For the purposes of the development that it authorises, Galloper Wind Farm Limited is authorised by the Order compulsorily or by agreement to acquire land and rights in land and to use land, as well as to override easements and other rights. The Order imposes requirements in connection with the development for which it grants development consent.

The Order also grants a deemed marine licence for the marine licensable activities, being the deposit of substances and articles and the carrying out of works, involved in the construction of the offshore generating station and associated development. The deemed marine licence imposes conditions in connection with the deposits and works for which it grants consent.

A copy of the plans and book of reference referred to in this Order and certified in accordance with article 30 (certification of plans, etc.) of this Order may be inspected free of charge at the offices of Suffolk Coastal District Council at Melton Hill, Woodbridge, Suffolk IP12 1AU.

Footnotes