The Hornsea Four Offshore Wind Farm Order 2023

No later than 6 months after the coming into force of this Order, the licensee shall notify the undertaker of its proposed location of its pipeline, such location being either pipeline route A or pipeline route B. From the date the undertaker receives the licensee’s notification, the protected area shall include either pipeline route A or pipeline route B (as elected by the licensee).

Line of orientation

6

The licensee shall not carry out, nor procure the carrying out of, the licensee’s works in any way that would prevent the undertaker from constructing and maintaining the wind turbine generators comprised in the authorised development in a layout consistent with the primary lines of orientation.

Crossing and proximity

7

The undertaker and the licensee shall use reasonable endeavours to enter into a crossing and/or proximity agreement on standard UK oil and gas industry terms in relation to the licensee’s works and the authorised development in relation to the protected area and the remaining overlap area, such agreement to be entered as soon as reasonably practicable after the coming into force of this Order.

PART 11 — FOR THE PROTECTION OF HARBOUR ENERGY LIMITED, PERENCO UK LIMITED, PREMIER OIL E&P UK EU LIMITED, DANA PETROLEUM (E&P) LIMITED AND DANA PETROLEUM LIMITED

Application

1

For the protection of the licensee from time to time of United Kingdom Petroleum Production Licences P686 and P380, unless otherwise agreed in writing between the undertaker and the licensee the provisions of this Part of this Schedule shall have effect for so long as the licence shall remain in full force and effect.

Interpretation

2

In this Part of this Schedule—

• “additional costs” means any costs incurred by the licensee in carrying out decommissioning of the Johnston Assets which would not have been incurred had such decommissioning works been carried out prior to commencement of the undertaker’s works, and relating to any of the following—the direct cost of any rig brought into the marine corridor for the purposes of undertaking decommissioning of the six producer wells comprised in the Johnston Assets, to the extent such cost is directly related to the rig being required for a longer period as a direct result of the presence of the undertaker’s works. For the avoidance of doubt the direct cost of any rig excludes any and all ancillary cost associated with the use of the rig;impaired helicopter operations during the period from the commencement of the licensee’s works to the completion of the licensee’s works, to the extent such operations can be reasonably demonstrated to have been necessary, to have resulted in abandonment of a planned flight and resulted in a subsequent delay to operational activity related to the Johnston Assets;only to the extent not included in the calculation of costs under sub-paragraphs (a) or (b). any use of vessels in substitution for impaired helicopter flights subject to the use of vessels being approved in advance by the undertaker;but in each case only to the extent that—such costs have been reasonably and properly incurred by the licensee as a direct result of the presence of the undertaker’s works;the licensee provides evidence of costs incurred in a form and manner to the reasonable satisfaction of the undertaker;the licensee and each relevant contractor, sub-contractor or agent have at all times used best endeavours to minimise and mitigate the costs; andsuch costs were not incurred directly or indirectly in the decommissioning of the exploration well comprised in the Johnston Assets.

• “aviation corridor” means an 1400m aviation corridor of clear airspace measured tip to tip from any wind turbine generator shown coloured blue and annotated and shown as the aviation corridor (along the route of the Johnston pipeline) on the Johnston protective provisions plan;

• “block” means a block of the United Kingdom Continental Shelf designated as such on the map deposited at the principal office of the North Sea Transition Authority;

• “coexistence and proximity agreement” means an agreement entered on reasonable terms between the undertaker and the licensee in respect of the undertaker’s works and licensee’s works to reconcile and protect the interests of the parties as are known at the time to secure the implementation of the undertaker’s works and the licensee’s works;

• “licences” means United Kingdom Petroleum Production Licences P686 block 43/27a and P380 block 43/26a;

• “licensee” means the licensee from time to time of the licence;

• “licensee’s works” means the decommissioning of the Johnston Field in accordance with the Johnston Decommissioning Programme (Rev B01, March 2022) as approved by the Offshore Petroleum Regulator for Environment and Decommissioning and as amended from time to time, but excluding any post-decommissioning monitoring and evaluation;

• “marine corridor” means a 1000m corridor measured from centre to centre from any wind turbine generator (along the route of the Johnston pipeline);

• “ministerial statement” means the written statement given by the Secretary of State for Energy and Climate Change to the UK Parliament regarding Crown Estate Leases for Offshore Renewables Projects on 12 July 2011, or any similar supplementary or replacement policy;

• “Johnston Assets” means any and all facilities and infrastructure owned, operated, leased and/or otherwise contracted to the licensee from time to time for the purposes of the licences including but not limited to one exploration well, six producer wells, four pipelines and 15 umbilicals located in the Johnston Field;

• “Johnston Field” means the area to which the licensee’s rights granted by the licences relate, being at the date hereof, that area shown on the Johnston protective provisions plan;

• “the Johnston protective provisions plan” means the plan entitled Johnston protective provisions plan (Harbour) and certified as the Johnston protective provisions plan for the purposes of this Part of this Schedule;

• “OPRED notice” means a letter or notice from the Offshore Petroleum Regulator for Environment and Decommissioning (“OPRED”) confirming the acceptance of the close-out report submitted by or on behalf of the relevant licensee indicating that OPRED is satisfied that the permanent decommissioning of the Johnston Assets has been completed;

• “relevant activities” means all development activity relating to the carrying on of the undertaker’s and licensee’s businesses within, or adjacent to the aviation corridor or a WTG exclusion zone, including (but not limited to) the preparation of development proposals, the submission of applications for statutory consents associated with those proposals and consultation in respect thereof, the acquisition of or application for new licence oil or gas blocks;

• “undertaker’s works” means the offshore works permitted by this Order;

• “WTG exclusion zone” means an area of 1,600m radius of clear airspace measured from the centre of each of the Johnston production wellheads and coloured yellow and annotated and shown as a WTG exclusion zone on the Johnston protective provisions plan.

Restriction on authorised development

3

Prior to the completion of the licensee’s works, no wind turbine generator shall be erected in the marine corridor, the aviation corridor, or in any WTG exclusion zone, unless otherwise agreed in writing between the licensee and the undertaker.

4

In the event the licensee’s works commence prior to the undertaker’s works, the undertaker must not build, construct, erect or lay any temporary infrastructure and/or carry out any activities within the marine corridor, the aviation corridor, or in any WTG exclusion zone that would interfere with the licensee’s works causing a delay.

Coexistence and proximity agreement

5

If, at any time the undertaker plans to undertake the undertaker’s works and/or any other work which is within five hundred metres (500m) of the Johnston Assets, the undertaker shall notify the licensee and the undertaker and the licensee must, unless agreed otherwise, acting reasonably, agree and enter into a crossing and proximity agreement as soon as reasonably practicable.

Provision of information

6

Without prejudice to any other rights or obligations under this Part of this Schedule the licensee and the undertaker shall from time to time keep each other informed of relevant activities such that the licensee and the undertaker may seek to agree solutions to allow those activities to successfully co-exist as far as reasonably practicable until completion of activities required under any statutory decommissioning plan required under the Petroleum Act 1998 in relation to the licence and taking place within the areas subject to the licence.

Compensation

7

Subject to paragraph 8, the undertaker shall pay any additional costs to the licensee within three months of receipt of the OPRED notice.

8

Nothing in this Part of this Schedule shall affect any rights or obligations or assessment of compensation in accordance with the ministerial statement and the associated guidance.

Arbitration

9

Any difference arising between the undertaker the licensee under this Part shall be referred to and settled by arbitration under article 39 (arbitration).

SCHEDULE 10 — HEDGEROWS

PART 1 — REMOVAL OF HEDGEROWS

(1) Area	(2) Location of hedgerow
East Riding of Yorkshire District	The hedgerow shown between points 1a and 1b on sheet 1 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 2a and 2b on sheet 1 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 3a and 3b on sheet 1 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 4a and 4b on sheets 1 and 2 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 5a and 5b on sheet 2 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 6a and 6b on sheets 2 and 3 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 7a and 7b on sheets 2 and 3 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 8a and 8b on sheet 3 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 10a and 10b on sheet 3 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 11a and 11b on sheets 3 and 4 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 12a and 12b on sheets 3 and 4 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 13a and 13b on sheet 4 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 14a and 14b on sheet 4 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 15a and 15b on sheet 5 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 18a and 18b on sheet 6 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 19a and 19b on sheet 6 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 20a and 20b on sheet 6 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 20c and 20d on sheet 6 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 21a and 21b on sheet 6 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 22a and 22b on sheets 6 and 7 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 23a and 23b on sheet 7 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 24a and 24b on sheet 7 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 25a and 25b on sheet 7 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 26a and 26b on sheets 7 and 8 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 27a and 27b on sheets 7 and 8 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 28a and 28b on sheet 8 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 29a and 29b on sheet 8 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 30a and 30b on sheet 8 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 31a and 31b on sheets 8 and 9 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 32a and 32b on sheets 8 and 9 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 33a and 33b on sheets 8 and 9 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 33c and 33d on sheets 8 and 9 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 34a and 34b on sheets 8 and 9 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 35a and 35b on sheet 9 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 36a and 36b on sheet 9 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 37a and 37b on sheet 9 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 38a and 38b on sheet 9 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 39a and 39b on sheet 10 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 40a and 40b on sheet 10 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 41a and 41b on sheet 10 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 42a and 42b on sheet 10 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 43a and 43b on sheet 11 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 43c and 43d on sheet 11 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 44a and 44b on sheets 11 and 12 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 45a and 45b on sheet 12 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 46a and 46b on sheet 12 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 47a and 47b on sheet 13 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 48a and 48b on sheet 13 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 49a and 49b on sheet 13 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 50a and 50b on sheet 14 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 51a and 51b on sheet 14 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 52a and 52b on sheet 15 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 53a and 53b on sheet 15 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 54a and 54b on sheet 15 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 55a and 55b on sheet 15 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 56a and 56b on sheet 15 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 57a and 57b on sheet 15 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 58a and 58b on sheets 15 and 16 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 59a and 59b on sheets 15 and 16 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 60a and 60b on sheet 16 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 61a and 61b on sheet 16 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 62a and 62b on sheet 16 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 63a and 63b on sheet 16 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 64a and 64b on sheet 16 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 65a and 65b on sheet 16 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 66a and 66b on sheet 16 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 67a and 67b on sheet 16 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 73a and 73b on sheets 16 and 17 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown at point 73c on sheet 17 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 74a and 74b on sheet 17 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 75a and 75b on sheet 17 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 76a and 76b on sheets 17 and 18 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 77a and 77b on sheet 18 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 78a and 78b on sheet 18 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 79a and 79b on sheets 18 and 19 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 80a and 80b on sheet 19 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 80c and 80d on sheet 19 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 81a and 81b on sheets 19 and 20 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 82a and 82b on sheet 20 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 83a and 83b on sheet 21 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 84a and 84b on sheet 21 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 85a and 85b on sheet 21 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 86a and 86b on sheet 21 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 87a and 87b on sheet 21 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 88a and 88b on sheet 21 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 129a and 129b on sheet 21 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 89a and 89b on sheet 22 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 90a and 90b on sheet 22 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 91a and 91b on sheet 22 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 92a and 92b on sheets 22 and 23 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 93a and 93b on sheets 22 and 23 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 94a and 94b on sheet 23 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 94c and 94d on sheet 23 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 95a and 95b on sheet 23 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 96a and 96b on sheet 23 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 97a and 97b on sheet 23 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 98a and 98b on sheets 23 and 24 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 99a and 99b on sheets 23 and 24 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 100a and 100b on sheet 24 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 101a and 101b on sheet 24 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 101c and 101d on sheet 24 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 102a and 102b on sheet 24 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 105a and 105b on sheet 25 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 106a and 106b on sheet 25 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 107a and 107b on sheet 25 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 108a and 108b on sheets 25 and 26 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 110a and 110b on sheets 25 and 26 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 111a and 111b on sheets 25 and 26 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 112a and 112b on sheets 25 and 26 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 114a and 114b on sheet 26 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 115a and 115b on sheet 26 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 116a and 116b on sheet 26 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 117a and 117b on sheet 26 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 118a and 118b on sheet 26 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 119a and 119b on sheets 26 and 28 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 120a and 120b on sheets 26 and 28 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 121a and 121b on sheet 28 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 121c and 121d on sheet 28 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 122a and 122b on sheet 28 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 123a and 123b on sheet 28 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 124a and 124b on sheets 27 and 28 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 125a and 125b on sheets 27 and 28 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 126a and 126b on sheets 26, 27 and 28 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 127a and 127b on sheets 26, 27 and 28 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 128a and 128b on sheet 27 of the tree preservation order and hedgerow plan

PART 2 — REMOVAL OF IMPORTANT HEDGEROWS

(1) Area	(2) Location of hedgerow
East Riding of Yorkshire District	The hedgerow shown between points 9a and 9b on sheet 3 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 16a and 16b on sheet 5 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 17a and 17b on sheet 6 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 103a and 103b on sheet 24 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 104a and 104b on sheets 24 and 25 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 109a and 109b on sheets 25 and 26 of the tree preservation order and hedgerow plan
East Riding of Yorkshire District	The hedgerow shown between points 113a and 113b on sheets 25 and 26 of the tree preservation order and hedgerow plan

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

PART 1 — LICENSED MARINE ACTIVITIES

1

• (1) In this licence—

• “the 2004 Act” means the Energy Act 2004⁵⁶;

• “the 2008 Act” means the Planning Act 2008⁵⁷;

• “the 2009 Act” means the Marine and Coastal Access Act 2009⁵⁸;

• “2017 Regulations” means the Conservation of Offshore Marine Habitats and Species Regulations 2017⁵⁹;

• “array area” means the area covered by Work No. 1 as shown on the offshore works plan;

• “array area disposal site” means the site to be used for disposal of inert material of natural origin produced during construction drilling and seabed preparation for foundation works and cable sandwave clearance to be located within the array area;

• “array cable” means the network of offshore subsea cables connecting the wind turbine generators in Work No. 1 and the offshore substations in Work No. 2;

• “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 (authorised development) 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 No. 1 described in paragraph 3 of Part 1 of this licence or any stage of that work;

• “bridge link” means a steel truss structure with provision for overhead clearance for personnel, lighting fixtures and ancillary cabling, which can be used as a link for interconnection between any combination of permanent offshore electrical installations and/or offshore accommodation platform;

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

• “cable crossings” means a crossing of existing sub-sea cables or pipelines or other existing infrastructure by a cable or, where cables run together in parallel, a set of cables, authorised by this Order together with cable protection;

• “cable protection” means physical measures for the protection of cables including but not limited to concrete mattresses, and/or rock placement (including material used for cable crossings);

• “cable protection replenishment” means the restoration to a former level or condition of cable protection lost by natural seabed processes or human activity;

• “commence” means the first carrying out of any licensed marine activities authorised by this marine licence, save for pre-construction surveys and monitoring approved under this licence and the activities set out in paragraph 2(d), and “commenced” and “commencement” must be construed accordingly;

• “commissioning” means the process of assuring that all systems and components of the authorised development are tested to verify that they function and are operable in accordance with the design objectives, specifications and operational requirements of the undertaker;

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

• “Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation – Safeguarding, St George’s House, DIO Head Office, DMS Whittington, Lichfield, Staffordshire, WS14 9PY and any successor body to its functions;

• “Defra” means the Department for Environment, Food and Rural Affairs;

• “dropped object procedure form” means the MMO notification proforma with reference MLDIR1 for reporting the loss or dumping of synthetic materials and other refuse at sea or any other format advised in writing by the MMO;

• “enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 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 under article 38 (certification of plans and documents, etc.);

• “European site” has the meaning given in regulation 27 (meaning of European site) of the 2017 Regulations;

• “gravity base structures” means a structure principally of steel, concrete, or steel and concrete with a base which tapers as it rises which rests on the seabed due to its own weight with or without added ballast or additional skirts and associated equipment including J-tubes, corrosion protection systems and access platform(s) and equipment;

• “habitats of principal importance” means a habitat designated as being of principal importance in accordance with section 41 (biodiversity lists and action (England)) of the Natural Environment and Rural Communities Act 2006⁶⁰;

• “HAT” means highest astronomical tide;

• “IHO S44ed5 Order 1a” means order 1a from the fifth edition of the International Hydrographic Organisation’s Standards for Hydrographics Surveys;

• “interconnector cables” means a network of cables between the offshore substations;

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

• “JNCC” means the Joint Nature Conservation Committee;

• “JNCC Guidance” means the statutory nature conservation body ‘Guidance for assessing the significance of noise disturbance against Conservation Objectives of harbour porpoise SACs’ Joint Nature Conservation Committee Report No.654, May 2020 published in June 2020 as amended, updated or superseded from time to time;

• “Kingfisher 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;

• “Kingfisher Information Service” means the information service from non-departmental government body Seafish;

• “large offshore transformer substation” means the larger version of the offshore transformer substations assessed in the environment statement;

• “LAT” means lowest astronomical tide;

• “layout principles” means the document certified as the layout principles by the Secretary of State for the purposes of the Order under article 38 (certification of plans and documents, etc.);

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

• “maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace (including replenishment of cable protection) but does not include the removal, reconstruction or replacement of foundations associated with the authorised scheme, to the extent assessed in the environmental statement and “maintenance” must be construed accordingly;

• “Marine Management Organisation” or “MMO” means the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH who is the body created under the 2009 Act and who is responsible for the monitoring and enforcement of this licence;

• “marine noise registry” means the database developed and maintained by JNCC on behalf of Defra to record the spatial and temporal distribution of impulsive noise generating activities in UK seas;

• “MCA” means the Maritime and Coastguard Agency, an executive agency for the Department for Transport;

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

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

• “monopile foundation” means a steel pile, typically cylindrical, driven and/or drilled into the seabed and associated equipment including J-tubes, corrosion protection systems and access platforms and equipment;

• “mono suction bucket foundation” means a steel cylindrical structure which partially or fully penetrates the seabed and remains in place using its own weight and hydrostatic pressure differential, and may include additional equipment such as J-tubes;

• “offshore accommodation platform” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and a helicopter platform (including bird deterrents), containing housing accommodation, storage, workshop, auxiliary equipment, and facilities for operating, maintaining and controlling the wind turbine generators and offshore electrical installations;

• “offshore HVAC booster station” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and a helicopter platform (including bird deterrents), containing—electrical equipment required to provide reactive power compensation; andhousing accommodation, storage, workshop, auxiliary equipment, and facilities for operating, maintaining and controlling the substation;

• “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 38 (certification of plans and documents etc.);

• “Offshore Renewables Protocol for Reporting Archaeological Discoveries” means the Offshore Renewables Protocol for Reporting Archaeological Discoveries, the Crown Estate (2014), Protocol for Archaeological Discoveries: Offshore Renewables Projects,Salisbury, Wessex Archaeology as amended, updated or superseded from time to time;

• “offshore transformer substation” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and a helicopter platform (including bird deterrents), containing—electrical equipment required to switch, transform, convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation; andhousing accommodation, storage, workshop auxiliary equipment, radar and facilities for operating, maintaining and controlling the substation or wind turbine generators;

• “offshore works plan” means the plan certified as the offshore works plan by the Secretary of State for the purposes of the Order under article 38 (certification of plans and documents etc.);

• “operation” means the undertaking of the licensed activities which are not part of the construction, commissioning or decommissioning of the authorised development;

• “Order” means the Hornsea Four Offshore Wind Farm Order 2023;

• “the Order limits” means the limits shown on the offshore Order limits and grid coordinates plans and the onshore Order limits plan within which the authorised scheme may be carried out, whose grid coordinates seaward of MHWS are set out in paragraph 5 of Part 1 of this Schedule;

• “outline ornithological monitoring plan” means the document certified as the outline ornithological monitoring plan by the Secretary of State for the purposes of this Order under article 38 (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 38 (certification of plans and documents etc.);

• “outline marine mammal mitigation protocol” means the document certified as the outline marine mammal mitigation protocol by the Secretary of State for the purposes of this Order under article 38 (certification of plans and documents etc.);

• “outline marine monitoring plan” means the document certified as the outline marine monitoring plan by the Secretary of State for the purposes of this Order under article 38 (certification of plans and documents etc.);

• “outline marine written scheme of investigation” means the document certified as the outline marine written scheme of investigation by the Secretary of State for the purposes of this Order under article 38 (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 38 (certification of plans and documents etc.);

• “outline southern north sea special area of conservation site integrity plan” means the document certified as the outline southern north sea special area of conservation site integrity plan by the Secretary of State for the purposes of the Order under article 38 (certification of plans and documents etc.);

• “pin piles” means steel cylindrical piles driven and/or drilled into the seabed to secure jacket foundations;

• “pontoon gravity base type 1 structure” means a structure principally of steel, concrete, or steel and concrete with a base made up of up to two rectangular pontoons which rests on the seabed due to its own weight with or without added ballast or additional skirts and associated equipment including J-tubes, corrosion protection systems and access platform(s) and equipment;

• “pontoon gravity base type 2 structure” means a structure principally of steel, concrete, or steel and concrete with a base made up of a pontoon arranged in a rectangle around an open centre which rests on the seabed due to its own weight with or without added ballast or additional skirts and associated equipment including J-tubes, corrosion protection systems and access platform(s) and equipment;

• “pro–rata annex” means the document certified as the pro–rata annex by the Secretary of State for the purposes of this Order under article 38 (certification of plans and documents etc.);

• “small offshore transformer substation” means the smaller version of the offshore transformer substations assessed in the environment statement;

• “statutory historic body” means Historic 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 or its equivalent in the 2017 Regulations;

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

• “transition piece” means the metal structure attached to the top of the foundation where the base of the wind turbine generator is connected and may include additional equipment such as J-tubes, corrosion protection systems, boat access systems, access platforms, craneage, radar, electrical transmission equipment and associated equipment;

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

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

• “undertaker” means Orsted Hornsea Project Four Limited (company number 08584182);

• “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;

• “wind turbine generator” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include J-tube(s), transition piece, 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;

• “working day” means a day which is not a weekend, bank holiday or public holiday in England; and

• “Work No. 2” means—up to six small offshore transformer substations each fixed to the seabed by one of monopile foundations, mono suction bucket foundations, gravity base structures or jacket foundations and which may be connected to each other or one of the offshore accommodation platforms within Work No. 1(b) by a bridge link;up to three large offshore transformer substations each fixed to the seabed by one of monopile foundations, mono suction bucket foundations, jacket foundations, box–type gravity base structures, gravity base structures, pontoon gravity base type 1 structures, or pontoon gravity base type 2 structures, and which may be connected to each other or one of the offshore accommodation platforms within Work No. 1(b) by a bridge link;in the event that the mode of transmission is HVDC, either up to three large HVDC converter substations or up to six small HVDC converter substations fixed to the seabed within the area shown on the offshore works plan by one of monopile foundations, mono suction bucket foundations, jacket foundations, box–type gravity base structures, gravity base structures, pontoon gravity base type 1 structures, or pontoon gravity base type 2 structures;a network of interconnector cables;up to six cable circuits between Work No. 2 and Work No. 3, and between Work No. 3 and Work No. 5 consisting of offshore export cables along routes within the Order limits seaward of MLWS including one or more cable crossings; andup to eight temporary horizontal directional drilling exit pits and associated cofferdams.

• “Work No. 3(aA)” means, in the event that the mode of transmission is HVAC, up to three offshore HVAC booster stations fixed to the seabed within the area shown on the offshore works plan by one of monopile foundations, mono suction bucket foundations, jacket foundations, gravity base structures, pontoon gravity base type 1 structures or pontoon gravity base type 2 structures; and

• “UK Standard Marking Schedule for Offshore Installations” means the Standard Marking Schedule for Offshore Installations published by the Department of Energy & Climate Change with reference DECC 04/11.

• (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;

• (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) Civil Aviation Authority

Aviation House

Beehive Ringroad

Crawley

West Sussex

• (b) Historic England

37 Tanner Road

York

YO1 6WP

• (c) Marine Management Organisation

Marine Licensing Team

Lancaster House Hampshire Court

Newcastle Business Park

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032;

• (d) Marine Management Organisation (Local Office)

Room 13, Ground Floor

Crosskill House

Mill Lane

Beverley

HU17 9JB

Tel: 0208 026 0519;

• (e) Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/20, Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: 020 3817 2433;

• (f) Ministry of Defence (as requested by Defence Infrastructure Organisation – Safeguarding)

St George’s House

DIO Head Office

DMS Whittington

Lichfield

Staffordshire

WS14 9PY;

• (g) Natural England

4th Floor

Foss House

1-2 Peasholme Green

York

YO1 7PX

Tel: 0300 060 4911;

• (h) Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900;

• (i) The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900.

• (5) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is marine.consents@marinemanagement.org.uk, or where contact to the Local Office if the MMO is required, beverley@marinemanagement.org.uk.

• (6) Unless otherwise advised in writing by the MMO, the Marine Case Management System (“MCMS”) must be used for all licence returns or applications to vary this licence. The MCMS address is: https://marinelicensing.marinemanagement.org.uk/ .

• (7) Any reference in this licence or the documents certified by the Secretary of State for the purposes of the Order under article 38 (certification of plans and documents, etc.) to a dimension measured from LAT may be converted to a measurement from HAT by subtracting 4.71m from the measurement from LAT.

Details of licensed marine activities

2

Subject to the licence conditions at Part 2, 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—

• (a) the deposit at sea within the Order limits seaward of MHWS of the substances and articles specified in paragraph 4 below and within Work No. 1 when combined with the disposal authorised within the array area disposal site by the deemed marine licence granted under Schedule 12 of the Order, of up to 7,211,601 cubic metres (being a maximum, not an approximate upper figure) of inert material of natural origin produced during construction drilling or seabed preparation for foundation works and cable installation preparation works within the array area disposal site;

• (b) the construction of works in or over the sea and/or on or under the seabed;

• (c) dredging for the purposes of seabed preparation for foundation works and/or electrical circuit works;

• (d) the removal of sediment samples for the purposes of informing environmental monitoring under this licence during pre-construction, construction and operation;

• (e) boulder clearance works by displacement ploughing or subsea grab technique or any other comparable method;

• (f) removal of static fishing equipment; and

• (g) site preparation works.

3

Such activities described in paragraph 2 are authorised in relation to the construction, maintenance and operation of—

Work No. 1—aan offshore wind turbine generating station with a gross electrical output of over 100 megawatts comprising up to 180 wind turbine generators each fixed to the seabed by one of monopile foundations, mono suction bucket foundations or jacket foundations;bone offshore accommodation platform fixed to the seabed within the area shown on the offshore works plan by one of monopile foundations, mono suction bucket foundations, a gravity base structure or jacket foundation and which may be connected to one of the offshore substations within Work No. 2 by a bridge link; andca network of cables between the wind turbine generators, and between the wind turbine generators and Work No. 2, including one or more cable crossings.

4

The substances or articles authorised for deposit at sea are—

• (a) iron and steel, copper and aluminium;

• (b) stone and rock;

• (c) concrete;

• (d) sand and gravel;

• (e) plastic and synthetic;

• (f) material extracted from within the offshore Order limits during construction drilling or seabed preparation for foundation works and cable installation preparation works;

• (g) weights used for the calibration of vessels, consisting of a hessian sack, metal shackles or chains; and

• (h) marine coatings, other chemicals and timber.

5

The grid coordinates for that part of the authorised development comprising Work No. 1 are specified below and more particularly on the offshore Order limits and grid coordinates plan—

Point ID	Latitude (DMS)	Longitude (DMS)	Point ID	Latitude (DMS)	Longitude (DMS)
1	54° 0′ 23.321″ N	1° 12′ 48.805″ E	5	54° 12′ 37.143″ N	0° 58′ 31.095″ E
2	54° 7′ 24.985″ N	0° 59′ 54.702″ E	6	54° 12′ 17.413″ N	1° 12′ 18.263″ E
3	54° 9′ 13.497″ N	1° 0′ 43.850″ E	7	54° 4′ 13.012″ N	1° 30′ 5.270″ E
4	54° 10′ 49.480″ N	0° 58′ 21.782″ E	8	53° 59′ 15.598″ N	1° 17′ 20.651″ E

General provisions

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 (reviews and revisions of decommissioning programmes) of the 2004 Act, and the completion of such programme has been confirmed by the Secretary of State in writing.

7

The provisions of section 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).

8

With respect to any condition which requires the licensed activities be carried out in accordance with the plans, protocols or statements approved under this Schedule, the approved details, plan or scheme are taken to include any amendments that may subsequently be approved in writing by the MMO.

9

Any amendments to or variations from the approved details, plan or scheme must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the MMO that it is unlikely to give rise to any materially new or materially greater environmental effects from those assessed in the environmental statement.

PART 2 — CONDITIONS

Design parameters

1

• (1) The total number of wind turbine generators comprised in the authorised scheme must not exceed 180.

• (2) Subject to sub–paragraph (3), each wind turbine generator forming part of the authorised scheme must not—

• (a) exceed a height of 370 metres when measured from LAT to the tip of the vertical blade;

• (b) exceed a rotor diameter of 305 metres;

• (c) be less than 42.43 metres from LAT to the lowest point of the rotating blade; and

• (d) be less than 810 metres from the nearest wind turbine generator in all directions.

• (3) The minimum distance in sub-paragraph 1(2)(d) between each wind turbine generator is to be measured from the centre point of the wind turbine generator.

• (4) Wind turbine generator foundation structures forming part of the authorised scheme must be one of the following foundation options—

• (a) monopile foundations;

• (b) mono suction bucket foundations; or

• (c) jacket foundations.

• (5) No wind turbine generator—

• (a) jacket foundation employing pin piles forming part of the authorised scheme may—

• (i) have a pin pile diameter of greater than four meters; and

• (ii) employ more than 16 pin piles per jacket foundation; and

• (b) monopile foundation forming part of the authorised scheme may have a diameter greater than 15 metres.

• (6) The total seabed footprint area for wind turbine generator foundations must not exceed—

• (a) 302,180 square metres excluding scour protection; and

• (b) 985,240 square metres including scour protection.

• (7) The total volume of scour protection material for wind turbine generator foundations must not exceed 1,582,040 cubic metres.

• (8) The wind turbine generators comprised in the authorised scheme must be constructed in accordance with the parameters set out in the pro–rata annex.

2

• (1) The total number of offshore accommodation platforms forming part of the authorised scheme must not exceed one.

• (2) The dimensions of any offshore accommodation platform forming part of the authorised scheme must not exceed—

• (a) 64 metres in height when measured from LAT;

• (b) 60 metres in length; and

• (c) 60 metres in width.

• (3) Offshore accommodation platform foundation structures forming part of the authorised scheme must be one of either monopile foundations, mono suction bucket foundations, gravity base structures, jacket foundations or box–type gravity base structures.

• (4) No offshore accommodation platform—

• (a) jacket foundation employing pin piles forming part of the authorised scheme may—

• (i) have a pin pile diameter of greater than four metres; and

• (ii) employ more than 16 pin piles per jacket foundation; and

• (b) monopile foundation forming part of the authorised scheme may have a diameter greater than 15 metres.

• (5) The total permanent seabed footprint area for offshore accommodation platform foundations must not exceed—

• (a) 5,625 square metres excluding scour protection; and

• (b) 30,625 square metres including scour protection.

• (6) The offshore accommodation platform comprised in the authorised scheme must be constructed in accordance with parameters set out in the pro–rata annex.

• (7) A bridge link forming part of the authorised scheme must be installed at a minimum height of 20 metres when measured from LAT.

3

• (1) The total length of the cables in Work No. 1(c) and the volume of their cable protection (including cable crossings) must not exceed the following—

Work	Length	Cable protection
Work No. 1(c)	600 kilometres	624,000 square metres

• (2) The total number of cable crossings associated with the cables in Work No. 1(c) when combined with Work No. 2(d) as licenced under the licence in Schedule 12 of the Order must not exceed 32.

• (3) The cables and cable circuits comprised in the authorised development must be constructed in accordance with the parameters set out in the pro–rata annex.

Maintenance of the authorised development

4

• (1) The undertaker may at any time maintain the authorised development, except to the extent that this licence or an agreement made under this licence provides otherwise.

• (2) Maintenance works include but are not limited to—

• (a) major wind turbine component or offshore accommodation platform replacement;

• (b) painting and applying other coatings to wind turbine generators or offshore accommodation platforms;

• (c) bird waste and marine growth removal;

• (d) cable remedial burial;

• (e) cable repairs and replacement;

• (f) cable protection replenishment for a maximum period of ten years post construction;

• (g) access ladder and boat landing replacement;

• (h) wind turbine generator and accommodation platform anode replacement; and

• (i) J-tube repair/replacement.

• (3) In undertaking activities under condition 4(2)(f), the undertaker must not reduce water depth by more than 5% unless agreed with the MMO in writing.

• (4) An operation and maintenance plan substantially in accordance with the outline offshore operations and maintenance plan shall be submitted to the MMO for approval in consultation with the relevant SNCB at least six months prior to the commencement of the operation of the licensed activities. All operation and maintenance activities shall be carried out in accordance with the approved plan.

Vessels under the undertaker’s control

5

• (1) The undertaker must issue to operators of vessels under its control operating within the Order limits a code of conduct to prevent collision risk or injury to marine mammals.

• (2) The undertaker must ensure appropriate co-ordination of vessels within its control operating within the Order limits so as to reduce collision risk to other vessels including advisory safe passing distances for vessels.

Extension of time periods

6

Any time period given in this licence given to either the undertaker or the MMO may be extended with the agreement of the other party in writing such agreement not to be unreasonably withheld or delayed.

Notifications and inspections

7

• (1) The undertaker must ensure that—

• (a) a copy of this licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to—

• (i) all agents and contractors notified to the MMO in accordance with condition 16; and

• (ii) the masters and offshore operations managers responsible for the vessels notified to the MMO in accordance with condition 16;

• (b) within 28 days of receipt of a copy of this licence those persons referred to in paragraph (a) above must provide a completed confirmation form to the MMO confirming receipt of this licence.

• (2) Only those persons and vessels notified to the MMO in accordance with condition 16 are permitted to carry out the licensed activities.

• (3) Copies of this licence must also be available for inspection at the following locations—

• (a) the undertaker’s registered address;

• (b) any site office located at or adjacent to the construction site and used by the undertaker or its agents and contractors responsible for the loading, transportation or deposit of the authorised deposits; and

• (c) on board each vessel and at the office of any offshore operations managers with responsibility for vessels from which authorised deposits or removals are to be made.

• (4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an authorised enforcement officer at the locations set out in sub-paragraph (3)(b) above.

• (5) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been read and understood by the masters of any vessel being used to carry on any licensed activity set out in condition 16(3), and that a copy of this licence is held on board any such vessel.

• (6) The undertaker must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during construction and operation of the authorised scheme.

• (7) The undertaker must inform the MMO Local Office in writing at least five days prior to the commencement of the licensed activities and within five days of the completion of the licensed activity.

• (8) The undertaker must inform the Kingfisher Information Service of details regarding the vessel routes, timings and locations relating to the construction of the authorised scheme or relevant stage—

• (a) at least fourteen days prior to the commencement of offshore activities, for inclusion in the Kingfisher Bulletin and offshore hazard awareness data; and

• (b) as soon as reasonably practicable, and in any event no later than 24 hours after completion of construction of all offshore activities,

confirmation of notification must be provided to the MMO in writing within five days.

• (9) The undertaker must ensure that a local notification to mariners is issued at least 14 days prior to the commencement of the authorised scheme or any relevant stage advising of the start date of Work No. 1 and the expected vessel routes from the construction ports to the relevant location. Copies of all notices must be provided to the MMO, MCA and UK Hydrographic Office within five days of issue.

• (10) The undertaker must ensure that local notifications to mariners are updated and reissued at weekly intervals during construction activities and at least five days before any planned operations and maintenance works and the notices must be supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction and monitoring programme approved under deemed marine licence condition 13(1)(b) and monitoring plan approved under condition 13(1)(f). Copies of all local notifications must be provided to the MMO and UK Hydrographic Office within five days of issue, save for in the case of a notice relating to operations and maintenance, which must be provided within 24 hours of issue.

• (11) The undertaker must notify the UK Hydrographic Office of the commencement (within fourteen days), progress and completion of construction (within fourteen days) of the licensed activities in order that all necessary amendments to nautical and aeronautical charts are made and the undertaker must send a copy of such notifications to the MMO within five days of the notification.

• (12) In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS or any part thereof, excluding the exposure of cables, the undertaker must as soon as reasonably practicable and no later than 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify the MMO, the MCA, Trinity House, the Kingfisher Information Service and the UK Hydrographic Office.

• (13) In case of exposure of cables on or above the seabed, the undertaker must within three days following identification of a potential cable exposure, notify mariners and inform the Kingfisher Information Service of the location and extent of exposure. Copies of all notices must be provided to the MMO, the MCA, Trinity House and the UK Hydrographic Office within five days.

• (14) The undertaker must notify the MMO in writing a minimum of five days in advance of the commencement of each discrete incident of cable repair, replacement, or protection replenishment activity. Such a notification must include proposed timings and a description of proposed methodologies.

• (15) The undertaker must ensure that the MMO, the MMO Local Office, local mariners, local fishermen’s organisations and the Source Data Receipt Team at the UK Hydrographic Office, Taunton, Somerset, TA1 2DN (sdr@ukho.gov.uk) are notified within five days of completion of each instance of cable repair, replacement or protection replenishment activity.

Aids to navigation

8

• (1) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning of the authorised scheme seaward of MHWS exhibit such lights, marks, sounds, signals and other aids to navigation, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

• (2) The undertaker must during the period from the start of construction of the authorised scheme to completion of decommissioning of the authorised schemet seaward of MHWS keep Trinity House and the MMO informed in writing of progress of the authorised scheme seaward of MHWS including the following—

• (a) notice of commencement of construction of the authorised scheme within 24 hours of commencement having occurred;

• (b) notice within 24 hours of any aids to navigation being established by the undertaker; and

• (c) notice within five days of completion of construction of the authorised scheme.

• (3) The undertaker must provide reports to Trinity House on the availability of aids to navigation in accordance with the frequencies set out in the aids to navigation management plan agreed pursuant to condition 13(1)(i) using the reporting system provided by Trinity House.