Legalize / United Kingdom / Statutory-Instrument

The Morgan Offshore Wind Project Generation Assets Order 2025

Type Statutory-Instrument

Publication 2025-08-29

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(10) The undertaker must notify UKHO of completion (within 14 days) of the authorised scheme or any part thereof in order that all necessary amendments are made to nautical charts. Copies of all notices must be provided to the MMO and MCA within five days.

(11) In case of damage to, or destruction or decay of, the authorised scheme or any part thereof, excluding the exposure of cables and faults, 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, MCA, Trinity House, the Kingfisher Information Service of Seafish, regional fisheries contact and UKHO.

(12) In case of buried cables becoming exposed on or above the seabed, the undertaker must within three days following identification of a cable exposure, notify mariners regional fisheries contact and the Kingfisher Information Service of Seafish of the location and extent of exposure. Copies of all notices must be provided to the MMO, MCA, Trinity House, and UKHO within five days.

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

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(1) The undertaker must during the period from commencement of construction of the authorised scheme to completion of decommissioning 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 commencement of construction of the authorised scheme to completion of decommissioning keep Trinity House and the MMO informed of progress of the authorised scheme including—

(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

(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 20 (1)(f) using the reporting system provided by Trinity House.

(4) The undertaker must during the period from commencement of construction of the authorised scheme to completion of decommissioning notify Trinity House and the MMO of any failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.

(5) In the event that the provisions of condition 15(11) are invoked, the undertaker must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.

Colouring of structures

17

Except as otherwise required by Trinity House the undertaker must paint all structures forming part of the authorised scheme yellow (colour code RAL 1023) from at least HAT to a height as directed by Trinity House. Unless the MMO otherwise directs, the undertaker must paint the remainder of the structures grey (colour code RAL 7035).

Chemicals, drilling and debris

18

(1) The undertaker must ensure that any coatings and treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by the Health and Safety Executive and the Environment Agency Pollution Prevention Control Guidelines.

(2) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment, including bunding of 110 percent of the total volume of all reservoirs and containers.

(3) The undertaker must inform the MMO in writing of the location and quantities of material disposed of each month under this licence by submission of a disposal return by 15 February each year for the months August to January inclusive, and by 15 August each year for the months February to July inclusive.

(4) The undertaker must ensure that only inert material of natural origin, produced during the drilling installation of or seabed preparation for foundations, and drilling mud is disposed of within disposal site reference IS155 within the extent of the Order limits seaward of MHWS. Any other materials must be screened out before disposal of the inert material at this site.

(5) The undertaker must ensure that any rock material used in the construction of the authorised scheme is from a recognised source, free from contaminants and containing minimal fines.

(6) In the event that any rock material used in the construction of the authorised scheme is misplaced or lost within the Order limits, the undertaker must report the loss in writing to the local enforcement office within 48 hours and if the MMO reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the undertaker must, in that event, demonstrate to the MMO that reasonable attempts have been made to locate, remove or move any such material.

(7) The undertaker must ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete and cement mixing and washing areas must be contained to prevent run off entering the water through the freeing ports.

(8) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO Marine Pollution Response Team in accordance with the marine pollution contingency plan agreed under condition 20(1)(e).

(9) Debris or dropped objects which are considered a danger or hazard to navigation must be reported as soon as reasonably practicable but no later than six hours from the undertaker becoming aware of an incident, to the relevant HM Coastguard Maritime Rescue Co-ordination Centre by telephone (0344 382 0570), and the UK Hydrographic Office email: navwarnings@btconnect.com.

(10) All dropped objects including those in condition 18(9), must be reported to the MMO using the dropped object procedure form (including any updated form as provided by the MMO) as soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware of an incident, unless otherwise agreed in writing with the MMO.

(11) On receipt of notification of the dropped object procedure form the MMO may require relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do so and the MMO may require obstructions to be removed from the marine environment at the undertaker’s expense if reasonable to do so.

Force Majeure

19

(1) If due to stress of weather or any other cause beyond the reasonable control of the master of a vessel, and which the master of a vessel by the exercise of reasonable diligence is unable to prevent, avoid or remove, the master of a vessel determines that it is necessary to deposit the authorised deposits within or outside of the Order limits because the safety of human life or of the vessel is threatened, within 48 hours the undertaker must notify full details of the circumstances of the deposit to the MMO.

(2) The unauthorised deposits must be removed at the expense of the undertaker unless written approval is obtained from the MMO.

Pre-construction plans and documentation

20

(1) The licensed activities or any phase of those activities must not commence until the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the MMO, in consultation with Trinity House, the MCA and UKHO as appropriate—

(a) a design plan at a scale of between 1:25,000 and 1:50,000 in accordance with the layout principles, including detailed representation on the most suitably scaled admiralty chart, to be approved in writing by the MMO in consultation with Trinity House and the MCA setting out proposed details of the authorised scheme, including the—

(i) number, dimensions, specification, foundation type(s) and depth for each wind turbine generator and offshore substation platform;

(ii) the proposed layout of all wind turbine generators (which shall provide for two lines of orientation and otherwise be in accordance with the recommendations for layout contained in MGN654 and its annexes) and offshore substation platforms, including grid coordinates of the centre point of the proposed location for each wind turbine generator and offshore substation platform subject to up to 55m micro-siting in any direction unless otherwise agreed in writing with the MMO in consultation with the MCA and Trinity House;

(iii) proposed layout of all cables;

(iv) location and specification of all other aspects of the authorised scheme; and

(v) any archaeological exclusion zones or micro-siting requirements identified pursuant to condition 20(2)(d) or relating to any benthic habitats of conservation, ecological or economic importance constituting reef habitats of principal importance as listed under Section 41 of the Natural Environment and Rural Communities Act 2006,

to ensure conformity with the description of Work No. 1 and compliance with conditions 10, 11 and 12.

(b) A construction programme to include details of—

(i) the proposed construction start date;

(ii) proposed timings for mobilisation of plant delivery of materials and installation works;

(iii) an indicative written construction programme for all wind turbine generators and offshore substation platforms forming part of the authorised scheme and licenced activities;

(c) A monitoring plan (which accords with the offshore in principle monitoring plan) to include details of proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction monitoring and related reporting in accordance with conditions 27, 28 and 29 to be submitted to the MMO in accordance with the following—

(i) at least six months prior to the first survey, detail of the pre-construction surveys and an outline of all proposed monitoring;

(ii) at least six months prior to commencement of construction, detail on construction monitoring; and

(iii) at least six months prior to completion of construction, details of operational monitoring, if required;

unless otherwise agreed in writing with the MMO.

(d) an offshore construction method statement (which accords with the outline offshore construction method statement) in accordance with the construction methods assessed in the environmental statement, including details of—

(i) cable specification, installation and monitoring, to include—

(aa) the technical specification of the inter-array cables and interconnector cables;

(bb) a detailed cable specification and installation plan for the authorised scheme, incorporating a cable burial risk assessment. The detailed cable specification and installation plan will identify the risk of needing any cable protection that may exceed 5 percent of navigable depth referenced to Chart Datum. In the event that any area of cable protection exceeding 5 percent of navigable depth is identified, the cable specification and installation plan will set out details of any steps (to be determined following consultation with the MCA and Trinity House) to be taken to ensure existing and future safe navigation is not compromised; and

(cc) details of cable monitoring including details of cable protection until the authorised scheme is decommissioned which includes a risk based approach to the management of unburied or shallow buried cables;

(ii) scour protection management and cable protection management including details of the need, type, sources, quantity and installation methods for scour protection and cable protection, with details updated and resubmitted for approval if changes to it are proposed following cable laying operations;

(iii) foundation installation methodology, including drilling methods and disposal of drill arisings and material extracted during seabed preparation for foundation and cable installation works;

(iv) piling methodology, in the event that driven or part-driven pile foundations are proposed to be used;

(v) contractors;

(vi) associated ancillary works; and

(vii) guard vessels to be employed;

(e) an offshore environmental management plan (which accords with the outline environment management plan) to include details of—

(i) a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents during construction and operation of the authorised scheme in relation to all activities carried out;

(ii) a chemical risk assessment, including information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance and standards;

(iii) a chemical risk assessment for all chemicals that have a pathway to the marine environment used for the marine licensed activities, outside the course of normal navigation, and are not present on the OSPAR List of Substances Used and Discharged Offshore which Are Considered to Pose Little or No Risk to the Environment (PLONOR) to be submitted to the MMO for approval no later than ten weeks prior to use of the chemicals and to include details of—

(aa) the function of the chemical;

(bb) the quantities being used and the frequency of use;

(cc) the physical, chemical, and ecotoxicological properties;

(dd) waste management and disposal arrangements;

(ee) the appointment and responsibilities of a fisheries liaison officer;

(ff) a fisheries liaison and coexistence plan (which accords with the outline fisheries liaison and co-existence plan) to ensure relevant fishing fleets are notified of commencement of licensed activities pursuant to condition 15 and to address the interaction of the licensed activities with fishing activities;

(gg) measures to minimise disturbance to marine mammals and rafting birds from transiting vessels; and

(hh) measures to minimise the potential spread of invasive non-native species;

(f) an aids to navigation management plan to be agreed in writing by the MMO following consultation with Trinity House specifying how the undertaker will ensure compliance with condition 16 from the commencement of construction of the authorised scheme to the completion of decommissioning of the authorised scheme;

(g) in the event that driven or part-driven pile foundations are proposed to be used a marine mammal mitigation protocol (in accordance with the outline marine mammal mitigation protocol), the intention of which is to prevent injury to marine mammals, following current best practice as advised by the relevant statutory nature conservation body; and

(h) a vessel traffic management plan (in accordance with the outline vessel traffic management plan).

(2) The authorised scheme must not commence until a written scheme of archaeological investigation has been submitted to and approved by the MMO following consultation with the statutory historic body, in accordance with the outline offshore written scheme of investigation, and in accordance with industry good practice, following consultation with the statutory historic body to include—

(a) details of responsibilities of the undertaker, archaeological consultant and contractor;

(b) a methodology for further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;

(c) archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the MMO within four months of any survey being completed;

(d) delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones;

(e) monitoring of archaeological exclusion zones during and post construction where required;

(f) a requirement for the undertaker to ensure that a copy of any agreed archaeological report is deposited with the National Record of the Historic Environment, by submitting an OASIS (Online Access to the Index of archaeological investigations) form with a digital copy of the report within six months of completion of construction of the authorised scheme, and to notify the MMO that the OASIS form has been submitted to the National Record of the Historic Environment within two weeks of submission;

(g) a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised scheme; and

(h) a timetable for all further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the Order limits and the approval of any necessary mitigation required as a result of the further site investigations prior to commencement of licensed activities;

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

21

(1) Each programme, statement, plan, protocol or scheme required to be approved under condition 20 must be submitted for approval at least six months before the intended commencement of licensed activities, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(2) The licensed activities must be carried out in accordance with the plans, protocols, statements, schemes and details approved under condition 20, unless otherwise agreed in writing by MMO.

Underwater Sound Management Strategy

22

(1) No driven or part-driven piling activities shall commence or low order UXO clearance can take place until an underwater sound management strategy for those activities, which accords with the outline underwater sound management strategy, has been submitted to and approved in writing by the MMO in consultation with the relevant statutory nature conservation body.

(2) The underwater sound management strategy submitted under sub-paragraph (1) must include details of the noise mitigation systems and/or noise abatement system that will be utilised to manage sound from driven or part-driven piling activities (or low order UXO clearance unless otherwise agreed in writing by the MMO).

(3) No driven or part-driven piling activities or low order UXO clearance may be undertaken between 15 February to 31 March (inclusive) of any year, unless the MMO provides written confirmation to the undertaker beforehand that such works can take place in all or in a specified part of the Order limits during this period or part of this period.

(4) In considering whether to provide the confirmation referred to in sub-paragraph (3) above, the MMO shall have regard to any report or reports provided to the MMO by or on behalf of the undertaker relating to such matters as additional baseline information, reduced spatial restrictions, piling management measures, installation techniques or noise propagation modelling.

(5) The underwater sound management strategy must be submitted to the MMO no later than six months prior to the commencement of the relevant activities unless otherwise agreed in writing by the MMO.

(6) The driven or part-driven piling activities and low order UXO clearance must be carried out in accordance with the approved underwater sound management strategy, unless otherwise agreed in writing by the MMO.

Low order unexploded ordnance clearance

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(1) No low order unexploded ordnance clearance can take place until the following have been submitted to and approved in writing by the MMO in consultation with the relevant statutory nature conservation body and, in respect of the method statement, the MCA—

(a) a method statement for low order unexploded ordnance clearance which must include—

(i) methodologies for—

(aa) identification and investigation of potential unexploded ordnance targets;

(bb) low order unexploded ordnance clearance; and

(cc) removal and disposal of large debris;

(ii) a plan showing the area in which clearance activities are proposed to take place;

(iii) confirmation of the total number of unexploded ordnance to be cleared under this licence using low order methods;

(iv) a programme of works; and

(v) any exclusion zones/ environmental micro-siting requirements;

(b) a marine mammal mitigation protocol in accordance with the outline marine mammal mitigation protocol, the intention of which is to prevent injury to marine mammals, following current best practice as advised by the relevant statutory nature conservation body.

(2) The method statement and the marine mammal mitigation protocol must be submitted to the MMO for approval at least six months prior to the date on which it is intended for low order unexploded ordnance clearance activities to begin unless otherwise agreed in writing with the MMO.

(3) Any low order unexploded ordnance clearance activities must be undertaken in accordance with the method statement and marine mammal mitigation protocol approved under sub-paragraph (1).

(4) Subject to sub-paragraph (5), an unexploded ordnance close out report must be submitted to the MMO and the relevant statutory nature conservation body within six months following the end of the low order unexploded ordnance clearance activity and must include the following for each clearance undertaken—

(a) co-ordinates, depth, current speed, charge utilised and the date and time of each clearance; and

(b) whether any mitigation was deployed including feedback on practicalities of deployment of equipment and efficacy of the mitigation where reasonably practicable, or justification if this information is not available.

(5) Should there be more than one low order unexploded ordnance clearance activity, the report required under sub-paragraph (4) will be provided at intervals agreed with the MMO.

(6) The total number of low order unexploded ordnance clearance as part of the authorised scheme in this licence and the authorised scheme in licence 2 taken together must not exceed 13 (whether undertaken under this licence or licence 2).

(7) No high order unexploded ordnance clearance is permitted by this marine licence.

Marine Noise Registry

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(1) In the event that driven or part–driven pile foundations are proposed to be used as part of the foundation installation the undertaker must provide the following information to the Marine Noise Registry—

(a) no less than six months prior to the commencement of each stage of construction of the licensed activities, information on the expected location, start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward Look requirements;

(b) within two weeks after commencement of each stage of construction of the licensed activities, information on the location, start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward Look requirements;

(c) at six month intervals following the commencement of pile driving, information on the locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements by 7 April for winter season October – March inclusive and 7 October for summer season April – September inclusive or within 12 weeks of completion of impact pile driving whichever is earlier.

(2) Within 12 weeks of the completion of pile driving the undertaker must submit information on the locations and dates of those activities to satisfy the Close Out requirements.

(3) The undertaker must notify MMO of the successful submission of Forward Look or Close Out information pursuant to sub-paragraphs (1) to (3) above within seven days of the submissions to the Marine Noise Registry.

(4) For the purpose of this condition—

(a) “Marine Noise Registry” means the database of impulsive noise generating activities in UK seas maintained by Joint Nature Conservation Committee;

(b) “Forward Look” and “Close Out” requirements are as set out in the ‘UK Marine Noise Registry: Information Document, Version 1 (May 2016)’ or any updated information document.

Offshore safety management

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No part of the authorised scheme may commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and, so far as is applicable to that stage of the project, adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN654 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” (or any equivalent guidance that replaces or supersedes it) and its annexes.

Reporting of engaged agents, contractors and vessels

26

(1) The undertaker must provide the following information in writing to the MMO, unless otherwise agreed in writing by the MMO—

(a) the name, function, company number (if applicable), registered or head office address (as appropriate) of any agent or contractor appointed to engage in the licensed activities within seven days of appointment; and

(b) each week during the construction of the authorised scheme a completed Hydrographic Note H102 listing the vessels currently and to be used in relation to the licensed activities.

(2) The undertaker must notify the MMO in writing of any vessel being used to carry on any licensed activity listed in this licence on behalf of the undertaker. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity. Notification must include the master’s name, vessel type, vessel IMO number and vessel owner or operating company.

(3) Any changes to the supplied details must be notified to the MMO in writing at least 24 hours before the agent, contractor or vessel engages in the licensed activities.

Pre-construction monitoring and surveys

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(1) The undertaker must, in discharging condition 20(1)(c) submit a monitoring plan or plans in accordance with the offshore in principle monitoring plan for written approval by the MMO in consultation with the relevant statutory nature conservation body, which must contain details of proposed monitoring and surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report.

(2) The survey proposals submitted under sub-paragraph (1) must be in general accordance with the principles set out in the offshore in principle monitoring plan and must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position or will enable the validation or otherwise of key predictions in the environmental statement.

(3) The baseline report proposals submitted under sub-paragraph (1) must ensure that the outcome of the agreed surveys, together with existing data and reports, are drawn together to present a valid statement of the pre-construction position, with any limitations, and must make clear what post-construction comparison is intended and the justification for this being required.

(4) The pre-construction surveys referred to in sub-paragraph (1) must, unless otherwise agreed with the MMO, have due regard to, but not be limited to, the need to undertake a swath-bathymetry survey to IHO Order 1a standard that meets the requirements of MGN654 and its supporting Hydrographic Guidelines for Offshore Renewable Energy Developers, which includes the requirement for the full density data and reports to be delivered to the MCA and the UKHO for the update of nautical charts and publications and side scan sonar, of the area(s) within the Order limits in which it is proposed to carry out construction works including an appropriate buffer around the location of each work.

(5) The undertaker must carry out the surveys specified within the monitoring plan or plans in accordance with that plan or plans, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.

Construction monitoring

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(1) The undertaker must, in discharging condition 20(1)(c) for each stage of construction, submit details (which accord with the offshore in principle monitoring plan) for approval in writing by the MMO in consultation with the relevant statutory nature conservation bodies of any proposed monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The monitoring proposals must specify each monitoring proposal’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

(2) The construction monitoring must include—

(a) marine traffic monitoring in accordance with the offshore in principle monitoring plan, including the provision of reports on the results of that monitoring at the end of each year of the construction period to the MMO, MCA and Trinity House;

(b) in the event that driven or part-driven pile foundations are proposed, measurements of underwater sound generated by the installation of the first four piled foundations of each piled foundation type to be installed collectively under this licence and licence 2 unless the MMO otherwise agrees in writing; and

(c) in the event that driven or part-driven pile foundations are proposed, measurements of underwater sound generated by the installation of the first two piled foundations where it is anticipated hammer energies greater than 3,000kJ may be required for installation, unless the MMO otherwise agrees in writing.

(3) In the event that piled foundations are proposed to be used, the details submitted in accordance with the marine mammal mitigation protocol must include proposals for monitoring marine mammals.

(4) The undertaker must carry out the monitoring approved under sub-paragraph (1), including any further underwater sound monitoring required in writing by the MMO, and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with the relevant statutory nature conservation bodies.

(5) The results of the initial underwater sound measurements monitored in accordance with sub-paragraph (2)(b) must be provided to the MMO within six weeks of the installation of the first four piled foundations. The assessment of this report by the MMO will determine whether any further underwater sound monitoring is required. If, in the reasonable opinion of the MMO in consultation with the relevant statutory nature conservation body, the assessment shows significantly different underwater sound modelling results to those assessed in the environmental statement or failures in mitigation, all piling activity must cease until an update to the marine mammal mitigation protocol and further monitoring requirements have been agreed.

(6) The results of the any underwater sound measurements monitored in accordance with sub-paragraph (2)(c) must be provided to the MMO within six weeks of the installation of the first two piled foundations that exceed 3,000kJ of hammer energy. The assessment of this report by the MMO will determine whether any further underwater sound monitoring is required. If, in the reasonable opinion of the MMO in consultation with the relevant statutory nature conservation body, the assessment shows significantly different underwater sound modelling results to those assessed in the environmental statement or failures in mitigation, any piling activity where the hammer energy is anticipated to exceed 3,000kJ must cease until an update to the marine mammal mitigation protocol and further monitoring requirements have been agreed.

(7) The undertaker must carry out the surveys specified in the offshore monitoring plan in accordance with that plan, including any further underwater sound monitoring required in writing by the MMO under sub-paragraph (4), unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.

Post-construction monitoring

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(1) The undertaker must, in discharging condition 20(1)(c) submit details (which accord with the offshore in principle monitoring plan) for approval in writing by the MMO in consultation with relevant statutory nature conservation bodies of proposed post-construction monitoring, including methodologies and timings, and a proposed format, content and timings for providing reports on the results.

(2) The monitoring proposals must specify each monitoring proposal’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

(3) The post-construction monitoring referred to in sub-paragraph (1) must, unless otherwise agreed in writing with the MMO, have due regard to, but not be limited to, the need to—

(a) undertake, within 12 months of completion of construction of the authorised scheme, a full sea floor coverage swath-bathymetry survey to IHO Order 1a standard that meets the requirements of MGN 654 and its supporting Hydrographic Guidelines for Offshore Renewable Energy Developers which includes the requirement for the full density data and reports to be delivered to the MCA and the UKHO for the update of nautical charts and publications, and side scan sonar, of the area(s) within the Order limits in which construction works were carried out to assess any changes in bedform topography and such further monitoring or assessment as may be agreed to ensure that cables (including fibre optic cables) have been buried or protected; and

(b) undertake post-construction marine traffic monitoring in accordance with the offshore in principle monitoring plan, including the provision of reports on the results of that monitoring to the MMO, MCA and Trinity House.

(4) The undertaker must carry out the monitoring agreed under sub-paragraph (1) and provide the agreed reports to the MMO in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with the relevant statutory nature conservation bodies.

(5) Following the installation of cables, details of cable monitoring required under 20(1)(d)(i) must be updated with the results of the post installation surveys.

Reporting of scour and cable protection

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(1) Not more than four months following completion of the construction of the authorised scheme, the undertaker must provide the MMO and the relevant statutory nature conservation bodies with a report setting out details of the cable protection and scour protection used for the authorised scheme.

(2) The report must include the following information—

(a) the location of cable protection and scour protection;

(b) the volume of cable protection and scour protection; and

(c) any other information relating to the cable protection and scour protection as agreed between the MMO and the undertaker.

(3) Any cable protection (other than the replenishment or replacement of existing cable protection) authorised under this licence must be deployed within 10 years from the date of completion of construction (as reported in the close-out report under condition 31) unless otherwise agreed by the MMO in writing.

Completion of construction

31

(1) The undertaker must submit a close-out report to the MMO, MCA, Trinity House, the UKHO and the relevant statutory nature conservation body within four months of the date of completion of construction. The close out report must confirm the date of completion of construction and must include the following details—

(a) the final number of installed wind turbine generators and offshore substation platforms;

(b) the installed wind turbine generator and offshore substation platform parameters;

(d) latitude and longitude coordinates of the centre point of the location for each wind turbine generator and offshore substation platform provided as Geographical Information System data referenced to WGS84 datum; and

(e) latitude and longitude coordinates of the inter-array and interconnector cables provided as Geographical Information System data referenced to WGS84 datum.

(2) Following completion of construction, no further construction activities can be undertaken under this licence.

Requirement for written approval

32

Where under any of the above conditions the approval or agreement of the MMO is required, that approval or agreement must be given in writing.

SCHEDULE 4 — Deemed Marine Licence under the 2009 Act – Licence 2: Offshore Substation Platforms and Interconnector Cables

PART 1 — Licensed marine activities

Interpretation

1

(1) In this licence—

“1989 Act” means the Electricity Act 1989[^f00016];

“2004 Act” means the Energy Act 2004[^f00017];

“2008 Act” means the Planning Act 2008[^f00018];

“2009 Act” means the Marine and Coastal Access Act 2009[^f00019];

“Annex I reef” means a reef of a type listed in Annex I to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;

“address” includes any number or address used for the purposes of electronic transmission;

“ancillary works” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order that are not development within the meaning of section 32 of the 2008 Act;

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

“authorised scheme” means Work No. 2 and Work No. 3 and the further associated development described in paragraph 3 of Part 1 of this licence or any part of that work or development;

“bank holiday” means a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971[^f00020];

“buoy” means any floating device used for navigational purposes or measurement purposes, including but not limited to wave buoys, LiDAR and guard buoys;

“cable” means up to 400kV cables for the transmission of electricity and includes fibre optic and other communications cables either within the cable or laid alongside;

“cable crossings” means the crossing of sub-sea cables, pipelines or other existing infrastructure by the cables (including inter-array cables) authorised by this Order together with cable protection;

“cable protection” means measures to protect cables from physical damage including but not limited to concrete mattresses, with or without frond devices, and/or rock placement, the use of bagged solutions filled with grout or other materials;

“chemicals” comprise both substances and preparations;

“commence” means the first carrying out of any licensed activities, save for pre-construction surveys, monitoring surveys, unexploded ordnance surveys and clearance of low order unexploded ordnance, and “commencement” must be construed accordingly;

“commercial operation” means in relation to any part of the authorised scheme, the exporting, transmission or conversion, on a commercial basis, of electricity;

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

“electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form;

“environmental statement” means the document certified as the environmental statement by the Secretary of State under article 11 (certification of plans, etc.) of the Order;

“foundation” means any of: a multi-leg pin-piled jacket foundation, multi-leg suction bucket jacket foundation, or gravity base foundation;

“gravity base foundation” means a structure principally of steel, concrete, or steel and concrete with a base which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“HAT” means highest astronomical tide;

“high order unexploded ordnance clearance” means an unexploded ordnance clearance method which intentionally seeks to detonate the unexploded ordnance;

“interconnector cables” means the cables linking the offshore substation platforms to each other;

“intrusive activities” means activities including anchoring of vessels, jacking up of vessels, temporary deposits and temporary wet storage areas;

“jacket foundation” means a steel jacket/lattice-type structure constructed principally of steel, fixed to the seabed with pin-piles or steel suction buckets and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“km” means kilometres;

“LAT” means lowest astronomical tide;

“layout principles” means the layout principles contained within Table 3.7 of the environmental statement project description referred to as document S_D6_15 in Schedule 5;

“LiDAR” means a light detection and ranging system used to measure weather and sea conditions;

“licence 1” means the marine licence set out in Schedule 3 (deemed marine licence under the 2009 Act – Licence 1: Wind Turbine Generators and other Offshore Infrastructure);

“licenced activities” means those activities specified in Part 1 of this licence;

“low order unexploded ordnance clearance” means an unexploded ordnance clearance method which does not seek to detonate the unexploded ordnance;

“m” means metres and “m²” means metres squared;

“maintain” includes inspect, upkeep, repair, adjust or alter the authorised scheme, and remove, reconstruct or replace any part of the authorised scheme, to the extent assessed in the environmental statement; and any derivative of “maintain” is to be construed accordingly;

“Marine Management Organisation” means the body created under the 2009 Act which is responsible for the regulation of this licence or any successor of that function and “MMO” must be construed accordingly;

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

“MCMS” means the Marine Case Management System web portal provided and operated by the MMO;

“measures to minimise disturbance to marine mammals and rafting birds from transiting vessels” means the document certified as the measures to minimise disturbance to marine mammals and rafting birds from transiting vessels by the Secretary of State under article 11 (certification of plans, etc.) for the purposes of this Order;

“offshore in principle monitoring plan” means the document certified as the offshore in principle monitoring plan by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

“offshore order limits and grid coordinates plan” means the document certified as the offshore order limits and grid coordinates plan by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

“offshore substation platform” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and open with modular equipment or fully clad, containing— electrical equipment required to switch, transform or convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation, including high voltage power transformers, high voltage switchgear and busbars, substation auxiliary systems and low voltage distribution, instrumentation, metering equipment and control systems, standby generators, shunt reactors, auxiliary and uninterruptible power supply systems; and accommodation, storage, workshop auxiliary equipment and facilities for operating, maintaining and controlling the substation or wind turbine generators, including navigation, aviation and safety marketing and lighting, systems for vessel charging, access and retrieval, cranes, potable water supply, black water separation, stores, fuels and spares, communications systems and control hub facilities and other associated equipment and facilities;

“offshore surface structures” means offshore substation platforms and wind turbine generators;

“Order” means the Morgan Offshore Wind Project Generation Assets Order 2025;

“Order limits” means the limits shown on the offshore order limits and grid coordinates plan within which the authorised scheme may be carried out;

“outline environmental management plan” plan means the document certified as the outline environmental management plan by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

“outline fisheries liaison and co-existence plan” plan means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

“outline marine mammal mitigation protocol” means the document certified as the outline marine mammal mitigation protocol” by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

“outline offshore construction method statement” means the document certified as the outline offshore construction method statement by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

“outline offshore written scheme of investigation for archaeology” plan means the document certified as the outline offshore written scheme of investigation for archaeology by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

“outline offshore operations and maintenance plan” plan means the document certified as the outline offshore operations and maintenance plan by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

“outline underwater sound management strategy” means the document certified as the outline underwater sound management strategy” by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

“outline vessel traffic management plan” means the document certified as the outline vessel traffic management plan by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

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

“pathway to the marine environment” means open systems or closed systems that require top up;

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

“preparation” means a mixture or solution composed of two or more substances;

“scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed including by the use of bagged solutions filled with grout or other materials, protective aprons, mattresses with or without frond devices and rock and gravel placement;

“substance” means a chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition;

“suction bucket” means a tubular steel structure which partially or fully penetrates the seabed and associated equipment, including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“statutory historic body” means an organisation charged by the government with advising on matters related to historic buildings and monuments;

“statutory nature conservation body” means an organisation charged by the government with advising on nature conservation matters;

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

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

“undertaker” means Morgan Offshore Wind Limited (company registration number: 13497271) whose registered office address is Chertsey Road, Sunbury on Thames, Middlesex, United Kingdom, TW16 7BP;

“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;

“works plan” means the plans certified as the works plan by the Secretary of State under Article 11 (certification of plans, etc.) of this Order.

(2) In this licence a reference to any statute, order, regulation or similar instrument is 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) In this licence, unless otherwise indicated—

(a) all times are Greenwich Mean Time (“GMT”); and

(b) all coordinates are latitude and longitude degrees and minutes to two decimal places.

(4) Unless otherwise stated or agreed with the MMO, all notifications must be sent by the undertaker to the MMO using MCMS. Except where otherwise notified in writing by the relevant organisation, the addresses for correspondence for the purposes of this Schedule are—

(a) Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244

(b) Historic England

4th Floor

Cannon Bridge House

25 Dowgate Hill

London

EC4R 2YA Tel: 0161 421 416

Email: northwest@historicengland.org.uk

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Tel: 0300 231 1032

Email: marine.consents@marinemanagement.org.uk

(d) Marine Management Organisation (local office)

Lutra House

Dodd Way

Walton Summit

Preston

PR5 8BX

Tel: 02080 265 643

Email: preston@marinemanagement.org.uk

(e) Marine Management Organisation

Marine Pollution Response Team

Tel. (during office hours): 03008 002 024,

Tel. (outside office hours): 07770 977 825 or 0845 051 8486

(f) Maritime and Coastguard Agency

UK Technical Services Navigation Spring Place

105 Commercial Road

Southampton

SO15 1EG

Email: navigationsafety@mcga.gov.uk

(g) Natural England

Foss House

Kings Pool

1-2 Peasholme Green

York

YO1 7PX

Tel: 03000 604 911

(h) Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900

(i) United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900

Details of licensed marine activities

2

Subject to the 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—

(a) the deposit at sea of the substances and objects specified in paragraph 4 below;

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

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

(e) site clearance and preparation works including clearance of debris, boulder clearance and the removal of out of service cables and static fishing equipment;

(f) low order unexploded ordnance clearance;

(g) the use of extracted seabed material within gravity base foundations; and

(h) the disposal of up to 1,253,915 cubic metres of inert material of natural origin within the Order limits produced during construction drilling or seabed preparation for foundation works, cable works and boulder clearance works at disposal site reference IS155 within the extent of the Order limits seaward of MHWS, unless otherwise agreed in writing with the MMO.

3

Such activities are authorised in relation to the construction, maintenance and operation of the authorised scheme being—

4

The substances and objects authorised for deposit at sea are—

(a) iron, steel, copper and aluminium;

(b) stone and rock;

(d) sand and gravel;

(e) plastic and synthetic;

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

(g) marine coatings, other chemicals and timber.

5

The grid coordinates for Work No. 2 and Work No. 3 are as shown on the order limits and grid coordinates plan and as specified below—

Point	Latitude	Longitude
1	53° 54′ 27.788″ N	3° 58′ 8.915″ W
2	53° 54′ 41.257″ N	3° 58′ 42.184″ W
3	53° 57′ 6.032″ N	4° 3′ 55.525″ W
4	53° 57′ 7.936″ N	4° 4′ 25.017″ W
5	53° 57′ 13.636″ N	4° 5′ 53.497″ W
6	53° 58′ 7.549″ N	4° 7′ 48.094″ W
7	54° 0′ 28.539″ N	4° 12′ 48.480″ W
8	54° 0′ 33.128″ N	4° 12′ 41.699″ W
9	54° 0′ 39.541″ N	4° 12′ 32.331″ W
10	54° 0′ 49.220″ N	4° 12′ 18.682″ W
11	54° 0′ 58.979″ N	4° 12′ 5.399″ W
12	54° 1′ 0.852″ N	4° 12′ 2.795″ W
13	54° 1′ 10.663″ N	4° 11′ 49.441″ W
14	54° 1′ 20.488″ N	4° 11′ 36.537″ W
15	54° 1′ 26.187″ N	4° 11′ 24.779″ W
16	54° 1′ 31.886″ N	4° 11′ 13.315″ W
17	54° 1′ 33.367″ N	4° 11′ 10.387″ W
18	54° 1′ 34.438″ N	4° 11′ 8.270″ W
19	54° 1′ 39.125″ N	4° 10′ 59.214″ W
20	54° 1′ 41.978″ N	4° 10′ 53.701″ W
21	54° 1′ 42.739″ N	4° 10′ 52.231″ W
22	54° 1′ 47.148″ N	4° 10′ 43.936″ W
23	54° 1′ 48.940″ N	4° 10′ 40.404″ W
24	54° 1′ 57.247″ N	4° 10′ 24.352″ W
25	54° 2′ 5.706″ N	4° 10′ 8.569″ W
26	54° 2′ 11.564″ N	4° 9′ 57.954″ W
27	54° 2′ 14.425″ N	4° 9′ 52.857″ W
28	54° 2′ 14.433″ N	4° 9′ 52.843″ W
29	54° 2′ 14.446″ N	4° 9′ 52.820″ W
30	54° 2′ 23.202″ N	4° 9′ 37.580″ W
31	54° 2′ 23.221″ N	4° 9′ 37.547″ W
32	54° 2′ 23.229″ N	4° 9′ 37.534″ W
33	54° 2′ 23.238″ N	4° 9′ 37.518″ W
34	54° 2′ 23.239″ N	4° 9′ 37.517″ W
35	54° 2′ 32.133″ N	4° 9′ 22.564″ W
36	54° 2′ 32.146″ N	4° 9′ 22.542″ W
37	54° 2′ 32.159″ N	4° 9′ 22.521″ W
38	54° 2′ 32.166″N	4° 9′ 22.509″ W
39	54° 2′ 32.172″ N	4° 9′ 22.500″ W
40	54° 2′ 41.223″ N	4° 9′ 7.804″ W
41	54° 2′ 41.236″ N	4° 9′ 7.782″ W
42	54° 2′ 41.249″ N	4° 9′ 7.761″ W
43	54° 2′ 41.257″ N	4° 9′ 7.749″ W
44	54° 2′ 41.263″ N	4° 9′ 7.739″ W
45	54° 2′ 50.489″ N	4° 8′ 53.271″ W
46	54° 2′ 59.863″ N	4° 8′ 39.076″ W
47	54° 3′ 9.407″ N	4° 8′ 25.119″ W
48	54° 3′ 19.079″ N	4° 8′ 11.466″ W
49	54° 3′ 28.890″ N	4° 7′ 58.099″ W
50	54° 3′ 38.836″ N	4° 7′ 45.024″ W
51	54° 3′ 48.923″ N	4° 7′ 32.234″ W
52	54° 3′ 52.208″ N	4° 7′ 28.172″ W
53	54° 3′ 56.043″ N	4° 7′ 23.528″ W
54	54° 3′ 59.107″ N	4° 7′ 19.782″ W
55	54° 3′ 59.122″ N	4° 7′ 19.764″ W
56	54° 3′ 59.130″ N	4° 7′ 19.754″ W
57	54° 4′ 1.160″ N	4° 7′ 17.353″ W
58	54° 4′ 1.181″ N	4° 7′ 17.328″ W
59	54° 4′ 6.734″ N	4° 7′ 10.779″ W
60	54° 4′ 7.781″ N	4° 7′ 9.560″ W
61	54° 4′ 9.456″ N	4° 7′ 7.587″ W
62	54° 4′ 13.935″ N	4° 7′ 2.501″ W
63	54° 4′ 16.028″ N	4° 7′ 0.112″ W
64	54° 4′ 18.943″ N	4° 6′ 56.806″ W
65	54° 4′ 19.913″ N	4° 6′ 55.716″ W
66	54° 4′ 24.700″ N	4° 6′ 50.475″ W
67	54° 4′ 30.489″ N	4° 6′ 44.156″ W
68	54° 4′ 35.097″ N	4° 6′ 39.269″ W
69	54° 4′ 40.000″ N	4° 6′ 34.145″ W
70	54° 4′ 41.189″ N	4° 6′ 32.904″ W
71	54° 4′ 45.972″ N	4° 6′ 28.021″ W
72	54° 3′ 42.182″ N	4° 0′ 24.131″ W
73	54° 0′ 25.772″ N	3° 53′ 55.337″ W
74	53° 58′ 34.172″ N	3° 47′ 19.232″ W
75	53° 56′ 34.760″ N	3° 47′ 14.121″ W

6

This marine 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 apply only to a transfer not falling within article 7 (benefit of order) of the Order.

8

With respect to any condition which requires the licensed activities be carried out in accordance with the details, plans or schemes approved under this licence, the approved details, plans or schemes 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, plans or schemes must be in accordance with the principles and assessments set out in the environmental statements. Such agreement may only be given where it has been demonstrated to the satisfaction of the MMO that it is unlikely to or will not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

PART 2 — Conditions

Design parameters

10

(1) The authorised scheme must be constructed in accordance with the parameters assessed in the environmental statement and set out in Table 3.

(2) References to the location of an offshore surface structure in Table 3 is a reference to the centre point of that structure.

Parameter	Value
Minimum distance between offshore surface structures (in all directions) (m)	1,400
Maximum diameter of pin-piles for offshore substation platforms on jacket pin-pile foundations (m)	5.5
Maximum diameter of gravity base at the seabed for offshore substation platforms on gravity base foundations (m)	80
Maximum diameter of buckets for offshore substation platforms on suction bucket jackets (m)	18
Maximum number of offshore substation platforms	4
Maximum dimensions of offshore substations (excluding towers, helipads, masts, and cranes):
Height when measured from LAT (m)	70
Length (m)	80
Width (m)	60
Maximum total seabed footprint area for offshore substation foundations (including scour protection) (m²)	24,964
Maximum volume of scour protection for offshore substation foundations (m³)	58,361
Maximum total length of cables (interconnector) (km)	60
Maximum number of cable crossings (interconnector)	10
Maximum volume of cable protection (interconnector) (m³)	210,000
Maximum total seabed footprint area for cable protection (interconnector) (m²)	130,000

11

The total number of offshore substation platforms forming part of the authorised scheme in this licence and the authorised scheme in licence 1 taken together must not exceed four (whether constructed under this licence or licence 1).

12

The total length of interconnector cables forming part of the authorised scheme in this licence and the authorised scheme in licence 1 taken together must not exceed 60 kilometres (whether constructed under this licence or licence 1).

Maintenance of the authorised scheme

13

(1) The undertaker may at any time maintain the authorised scheme, 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) offshore substation platform replacement;

(b) painting and applying other coatings to or offshore substation platforms;

(d) cable remedial burial;

(e) cable repairs and replacement;

(f) access ladder and boat landing replacement;

(g) offshore substation platform anode replacement; and

(h) J-tube repair/replacement.

(3) An operations and maintenance plan in accordance with the outline offshore operations and maintenance plan must be submitted to the MMO for approval in writing at least six months prior to commencement of the operation of licensed activities and must provide for review and resubmission every three years during the operational phase.

(4) All operation and maintenance activities must be carried out in accordance with the plan approved under sub-paragraph (3).

(5) An annual maintenance report must be submitted to the MMO in writing within one month following the first anniversary of the date of commencement of operations, and every year thereafter until the permanent cessation of operation.

(6) The annual maintenance report in sub-paragraph (5) must provide a record of the licenced activities during the preceding year, the timing of activities and methodologies used.

(7) Unless otherwise agreed in writing with the MMO, every fifth year the undertaker must submit to the MMO in writing, within one month of that date, a consolidated maintenance report which will—

(a) Include a review of licenced activities undertaken during the preceding five years with reference to the reports submitted in accordance with sub-paragraph (5) of this licence; and

(b) Reconfirm the applicability of the methodologies and frequencies of the licensable activities permitted by this licence for the remaining duration of this licence.

Extension of time periods

14

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

Notifications and inspections

15

(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 26;

(ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 26;

(b) within 28 days of receipt of a copy of this licence those persons referred to in paragraph (a) must confirm receipt of this licence in writing to the MMO.

(2) Only those persons and vessels notified to the MMO in accordance with condition 26 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 transport manager 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).

(5) 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 the construction and operation of the authorised scheme.

(6) The undertaker must inform the MMO Local Office in writing at least 14 days prior to the commencement of the licensed activities or any part of them and within five days of the completion of the licensed activity.

(7) The Kingfisher Information Service of Seafish must be informed of details of the vessel routes, timings and locations relating to the construction of the authorised scheme or part thereof by including the information in a notice via their portal (https://kingfisherbulletin.org/submit-notice) and by email to kingfisher@seafish.co.uk—

(a) at least 14 days prior to the commencement of offshore activities, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and

(b) as soon as reasonably practicable and no later than 24 hours after completion of the authorised scheme

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

(8) 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 part thereof advising of the start date and the expected vessel routes from the construction ports to the relevant location. Copies of all notices must be provided to the MMO, MCA Trinity House and UKHO within five days.

(9) 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 (or otherwise agreed) and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme and monitoring plan approved under conditions 20(1)(b)) and 20(1)(c). Copies of all notices must be provided to the MMO and UKHO within five days.

(10) The undertaker must notify UKHO of completion (within 14 days) of the authorised scheme or any part thereof in order that all necessary amendments are made to nautical charts. Copies of all notices must be provided to the MMO and MCA within five days.

(11) In case of damage to, or destruction or decay of, the authorised scheme or any part thereof, excluding the exposure of cables and faults, 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, MCA, Trinity House, the Kingfisher Information Service of Seafish, regional fisheries contact and UKHO.

(12) In case of buried cables becoming exposed on or above the seabed, the undertaker must within three days following identification of a cable exposure, notify mariners regional fisheries contact and the Kingfisher Information Service of Seafish of the location and extent of exposure. Copies of all notices must be provided to the MMO, MCA, Trinity House, and UKHO within five days.

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

16

(1) The undertaker must during the period from commencement of construction of the authorised scheme to completion of decommissioning 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 commencement of construction of the authorised scheme to completion of decommissioning keep Trinity House and the MMO informed of progress of the authorised scheme including—

(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

(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 20(1)(f) using the reporting system provided by Trinity House.

(4) The undertaker must during the period from commencement of construction of the authorised scheme to completion of decommissioning notify Trinity House and the MMO of any failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.

(5) In the event that the provisions of condition 15(11) are invoked, the undertaker must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.

Colouring of structures

17

Chemicals, drilling and debris

18

(1) The undertaker must ensure that any coatings and treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by the Health and Safety Executive and the Environment Agency Pollution Prevention Control Guidelines.

(2) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment, including bunding of 110 percent of the total volume of all reservoirs and containers.

(3) The undertaker must inform the MMO in writing of the location and quantities of material disposed of each month under this licence by submission of a disposal return by 15 February each year for the months August to January inclusive, and by 15 August each year for the months February to July inclusive.

(4) The undertaker must ensure that only inert material of natural origin, produced during the drilling installation of or seabed preparation for foundations, and drilling mud is disposed of within disposal site reference IS155 within the extent of the Order limits seaward of MHWS. Any other materials must be screened out before disposal of the inert material at this site.

(5) The undertaker must ensure that any rock material used in the construction of the authorised scheme is from a recognised source, free from contaminants and containing minimal fines.

(6) In the event that any rock material used in the construction of the authorised scheme is misplaced or lost within the Order limits, the undertaker must report the loss in writing to the local enforcement office within 48 hours and if the MMO reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the undertaker must, in that event, demonstrate to the MMO that reasonable attempts have been made to locate, remove or move any such material.

(7) The undertaker must ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete and cement mixing and washing areas must be contained to prevent run off entering the water through the freeing ports.

(8) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO Marine Pollution Response Team in accordance with the marine pollution contingency plan agreed under condition 20(1)(e).

(9) Debris or dropped objects which are considered a danger or hazard to navigation must be reported as soon as reasonably practicable but no later than six hours from the undertaker becoming aware of an incident, to the relevant HM Coastguard Maritime Rescue Co-ordination Centre by telephone (0344 382 0570), and the UK Hydrographic Office email: navwarnings@btconnect.com.

(10) All dropped objects including those in condition 18(9), must be reported to the MMO using the dropped object procedure form (including any updated form as provided by the MMO) as soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware of an incident, unless otherwise agreed in writing with the MMO.

(11) On receipt of notification of the dropped object procedure form the MMO may require relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do so and the MMO may require obstructions to be removed from the marine environment at the undertaker’s expense if reasonable to do so.

Force Majeure

19

(1) If due to stress of weather or any other cause beyond the reasonable control of the master of a vessel, and which the master of a vessel by the exercise of reasonable diligence is unable to prevent, avoid or remove, the master of a vessel determines that it is necessary to deposit the authorised deposits within or outside of the Order limits because the safety of human life or of the vessel is threatened, within 48 hours the undertaker must notify full details of the circumstances of the deposit to the MMO.

(2) The unauthorised deposits must be removed at the expense of the undertaker unless written approval is obtained from the MMO.

Pre-construction plans and documentation

20

(1) The licensed activities or any phase of those activities must not commence until the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the MMO, in consultation with Trinity House, the MCA and UKHO as appropriate—

(a) a design plan at a scale of between 1:25,000 and 1:50,000 in accordance with the layout principles, including detailed representation on the most suitably scaled admiralty chart, to be approved in writing by the MMO in consultation with Trinity House and the MCA setting out proposed details of the authorised scheme, including the—

(i) number, dimensions, specification, foundation type(s) and depth for each substation platform;

(ii) the proposed layout of all offshore substation platforms, including grid coordinates of the centre point of the proposed location for each offshore substation platform subject to up to 55m micro-siting in any direction unless otherwise agreed in writing with the MMO in consultation with the MCA and Trinity House;

(iii) proposed layout of all cables;

(iv) location and specification of all other aspects of the authorised scheme; and

(v) any archaeological exclusion zones or micro-siting requirements identified pursuant to condition 20(2)(d) or relating to any benthic habitats of conservation, ecological or economic importance constituting reef habitats of principal importance as listed under Section 41 of the Natural Environment and Rural Communities Act 2006,

to ensure conformity with the description of Work Nos 2 and 3 and compliance with conditions 10, 11 and 12.

(b) a construction programme to include details of—

(i) the proposed construction start date;

(ii) proposed timings for mobilisation of plant delivery of materials and installation works;

(iii) an indicative written construction programme for all offshore substation platforms forming part of the authorised scheme and licenced activities;

(c) a monitoring plan (which accords with the offshore in principle monitoring plan) to include details of proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction monitoring and related reporting in accordance with conditions 27, 28 and 29 to be submitted to the MMO in accordance with the following—

(i) at least six months prior to the first survey, detail of the pre-construction surveys and an outline of all proposed monitoring;

(ii) at least six months prior to commencement of construction, detail on construction monitoring;

(iii) at least six months prior to completion of construction, details of operational monitoring, if required; and

unless otherwise agreed in writing with the MMO.

(d) an offshore construction method statement (which accords with the outline offshore construction method statement) in accordance with the construction methods assessed in the environmental statement, including details of—

(i) cable specification, installation and monitoring, to include—

(aa) the technical specification of the interconnector cables;

(bb) a detailed cable specification and installation plan for the authorised scheme, incorporating a cable burial risk assessment. The detailed cable specification and installation plan will identify the risk of needing any cable protection that may exceed 5 percent of navigable depth referenced to Chart Datum. In the event that any area of cable protection exceeding 5 percent of navigable depth is identified, the cable specification and installation plan will set out details of any steps (to be determined following consultation with the MCA and Trinity House) to be taken to ensure existing and future safe navigation is not compromised; and

(cc) details of cable monitoring including details of cable protection until the authorised scheme is decommissioned which includes a risk based approach to the management of unburied or shallow buried cables;

(ii) scour protection management and cable protection management including details of the need, type, sources, quantity and installation methods for scour protection and cable protection, with details updated and resubmitted for approval if changes to it are proposed following cable laying operations;

(iii) foundation installation methodology, including drilling methods and disposal of drill arisings and material extracted during seabed preparation for foundation and cable installation works;

(iv) piling methodology, in the event that driven or part-driven pile foundations are proposed to be used;

(v) contractors;

(vi) associated ancillary works; and

(vii) guard vessels to be employed;

(e) an offshore environmental management plan (which accords with the outline environment management plan) to include details of—

(i) a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents during construction and operation of the authorised scheme in relation to all activities carried out;

(ii) a chemical risk assessment, including information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance and standards;

(iii) a chemical risk assessment for all chemicals that have a pathway to the marine environment used for the marine licensed activities, outside the course of normal navigation, and are not present on the OSPAR List of Substances Used and Discharged Offshore which Are Considered to Pose Little or No Risk to the Environment (PLONOR) to be submitted to the MMO for approval no later than ten weeks prior to use of the chemicals and to include details of—

(aa) the function of the chemical;

(bb) the quantities being used and the frequency of use;

(cc) the physical, chemical, and ecotoxicological properties;

(dd) waste management and disposal arrangements;

(ee) the appointment and responsibilities of a fisheries liaison officer;

(ff) a fisheries liaison and coexistence plan (which accords with the outline fisheries liaison and co-existence plan) to ensure relevant fishing fleets are notified of commencement of licensed activities pursuant to condition 15 and to address the interaction of the licensed activities with fishing activities;

(gg) measures to minimise disturbance to marine mammals and rafting birds from transiting vessels; and

(hh) measures to minimise the potential spread of invasive non-native species.

(f) an aids to navigation management plan to be agreed in writing by the MMO following consultation with Trinity House specifying how the undertaker will ensure compliance with condition 16 from the commencement of construction of the authorised scheme to the completion of decommissioning of the authorised scheme;

(g) in the event that driven or part-driven pile foundations are proposed to be used a marine mammal mitigation protocol (in accordance with the outline marine mammal mitigation protocol), the intention of which is to prevent injury to marine mammals, following current best practice as advised by the relevant statutory nature conservation body; and

(h) a vessel traffic management plan (in accordance with the outline vessel traffic management plan.

(2) The authorised scheme must not commence until a written scheme of archaeological investigation has been submitted to and approved by the MMO following consultation with the statutory historic body, in accordance with the outline offshore written scheme of investigation, and in accordance with industry good practice, following consultation with the statutory historic body to include—

(a) details of responsibilities of the undertaker, archaeological consultant and contractor;

(b) a methodology for further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;

(c) archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the MMO within four months of any survey being completed;

(d) delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones;

(e) monitoring of archaeological exclusion zones during and post construction where required;

(f) a requirement for the undertaker to ensure that a copy of any agreed archaeological report is deposited with the National Record of the Historic Environment, by submitting an OASIS (Online Access to the Index of archaeological investigations) form with a digital copy of the report within six months of completion of construction of the authorised scheme, and to notify the MMO that the OASIS form has been submitted to the National Record of the Historic Environment within two weeks of submission;

(g) a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised scheme; and

(h) a timetable for all further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the Order limits and the approval of any necessary mitigation required as a result of the further site investigations prior to commencement of licensed activities;

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

21

(1) Each programme, statement, plan, protocol or scheme required to be approved under condition 20 must be submitted for approval at least six months before the intended commencement of licensed activities, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(2) The licensed activities must be carried out in accordance with the plans, protocols, statements, schemes and details approved under condition 20, unless otherwise agreed in writing by MMO.

Underwater Sound Management Strategy

22

(1) No driven or part-driven piling activities shall commence or low order UXO clearance can take place until an underwater sound management strategy for those activities, which accords with the outline underwater sound management strategy, has been submitted to, and approved in writing, by the MMO in consultation with the relevant statutory nature conservation body.

(2) The underwater sound management strategy submitted under sub-paragraph (1) must include details of the noise mitigation systems and/or noise abatement system that will be utilised to manage sound from driven or part-driven piling activities (or low order UXO clearance unless otherwise agreed in writing by the MMO).

(3) No driven or part-driven piling activities or low order UXO clearance may be undertaken between 15 February to 31 March (inclusive) of any year, unless the MMO provides written confirmation to the undertaker beforehand that such works can take place in all or in a specified part of the Order limits during this period or part of this period.

(4) In considering whether to provide the confirmation referred to in sub-paragraph (3) above, the MMO shall have regard to any report or reports provided to the MMO by or on behalf of the undertaker relating to such matters as additional baseline information, reduced spatial restrictions, piling management measures, installation techniques or noise propagation modelling.

(5) The underwater sound management strategy must be submitted to the MMO no later than six months prior to the commencement of the relevant activities unless otherwise agreed in writing by the MMO.

(6) The driven or part-driven piling activities and low order UXO clearance must be carried out in accordance with the approved underwater sound management strategy, unless otherwise agreed in writing by the MMO.

Low order unexploded ordnance clearance

23

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The Morgan Offshore Wind Project Generation Assets Order 2025

Aids to navigation

16

Colouring of structures

17

Chemicals, drilling and debris

18

Force Majeure

19

Pre-construction plans and documentation

20

21

Underwater Sound Management Strategy

22

Low order unexploded ordnance clearance

23

Marine Noise Registry

24

Offshore safety management

25

Reporting of engaged agents, contractors and vessels

26

Pre-construction monitoring and surveys

27

Construction monitoring

28

Post-construction monitoring

29

Reporting of scour and cable protection

30

Completion of construction

31

Requirement for written approval

32

SCHEDULE 4 — Deemed Marine Licence under the 2009 Act – Licence 2: Offshore Substation Platforms and Interconnector Cables

PART 1 — Licensed marine activities

Interpretation

1

Details of licensed marine activities

2

3

4

5

6

7

8

9

PART 2 — Conditions

Design parameters

10

11

12

Maintenance of the authorised scheme

13

Extension of time periods

14

Notifications and inspections

15

Aids to navigation

16

Colouring of structures

17

Chemicals, drilling and debris

18

Force Majeure

19

Pre-construction plans and documentation

20

21

Underwater Sound Management Strategy

22

Low order unexploded ordnance clearance

23