Paragraph 1 InterpretationI1

In this Schedule—

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

• “the 2009 Act” means the Marine and Coastal Access Act 2009^f1;

• “the 2017 Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017;

• “2023 sediment sampling plan” means—

  1. (a)

     the document of that name identified in the table at Schedule 15 (documents and plans to be certified) of the Order and which has been certified by the Secretary of State as the 2023 sediment sampling plan for the purposes of the Order, which sets out—

     1. (i)

        a detailed dredging methodology;

     2. (ii)

        dredge locations;

     3. (iii)

        dredge amounts (total and annual, if applicable);

     4. (iv)

        dredge depths;

     5. (v)

        duration of dredging activities;

     6. (vi)

        whether the dredge is a capital dredging activity or a maintenance dredging activity; and

     7. (vii)

        specific gravity of the material or material type; and

  2. (b)

     any sediment sampling analyses submitted to the MMO related to the plan to which sub-paragraph (a) refers prior to its expiry;

• “the authorised development” has the meaning given in paragraph 3(2);

• “business day” means a day other than a Saturday or Sunday, Good Friday, Christmas Day or a bank holiday in England and Wales under section 1 of the banking and Financial Dealings Act 1971;

• “business hours” means the period from 09:00 until 17:00 on any business day;

• “capital dredge” means dredging to a depth not previously dredged, or to a depth not dredged within the last 10 years and is generally undertaken to create or deepen navigational channels, berths or to remove material deemed unsuitable for the foundation of a construction project and “capital dredging” is to be construed accordingly;

• “Chart Datum” means 3.9 m below ordinance datum (Newlyn), corresponding with a depth of 7.6m of the outer sill of the Port of Immingham;

• “cold weather construction restriction strategy” means the strategy of that description referred to in paragraph 11 of this Schedule;

• “commence” means beginning to carry out any part of a licensed activity and “commenced” and “commencement” are to be construed accordingly;

• “condition” means a condition in Part 2 and Part 3 of this licence and references in this licence to numbered conditions are to the conditions with those numbers in Part 2;

• “consolidated dredged materials” mean materials including glacial clay with a diameter of less than 31.25 micrometres and gravel with a diameter of at least 2 and less than 64 millimetres;

• “environmental statement” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) of the Order and which has been certified by the Secretary of State as the environmental statement for the purposes of the Order;

• “existing marine licence” means licence L/2014/00429 and any variation to it or any subsequent equivalent successor licence as may be granted that permits the disposal of dredged arisings from the Port of Immingham;

• “flood risk assessment” means the flood risk assessment contained in appendix 18A of the environmental statement;

• “further sediment sampling plan” means—

  1. (a)

     any further sediment sampling plan approved by the MMO in accordance with paragraph 9(2) of this Schedule which sets out—

     1. (i)

        a detailed dredging methodology;

     2. (ii)

        dredge locations;

     3. (iii)

        dredge amounts (total and annual, if applicable);

     4. (iv)

        dredge depths;

     5. (v)

        duration of dredging activities;

     6. (vi)

        whether the dredge is a capital dredging activity or a maintenance dredging activity; and

     7. (vii)

        specific gravity of the material or material type; and

  2. (b)

     any sediment sampling analyses submitted by the MMO related to the plan to which sub-paragraph (a) refers prior to its expiry;

• “high water” means daily high tides in every lunar day;

• “HU056” means the area bounded by co-ordinates (53°39.3000’N, 00°10.4898’W), (53°39.0499’N, 00°10.4700’W), (53°38.8201’N, 00°09.4398’W), (53°39.3000’N, 00°10.4898’W);

• “HU060” means the area bounded by co-ordinates (53°39.3000’N, 00°10.4898’W) (53°38.7499’N, 00°10.4536W); (53°38.7575’N, 00°10.4677’W), (53°38.7648’N, 00°10.4823’W), (53°38.7718’N, 00°10.4974’W), (53°38.7784’N, 00°10.5128’W), (53°38.7847’N, 00°10.5287’W), (53°38.7906’N, 00°10.5450’W), (53°38.7962’N, 00°10.5617’W), (53°38.8013’N, 00°10.5787’W), (53°38.8061’N, 00°10.5960’W), (53°38.8105’N, 00°10.6136’W), (53°38.8145’N, 00°10.6315’W), (53°38.8181’N, 00°10.6496’W), (53°38.8213’N, 00°10.6679’W), (53°38.8240’N, 00°10.6864’W), (53°38.8264’N, 00°10.7051’W), (53°38.8283’N, 00°10.7239’W), (53°38.8298’N, 00°10.7428’W), (53°38.8309’N, 00°10.7618’W), (53°38.8315’N, 00°10.7809’W), (53°38.8317’N, 00°10.8000’W), (53°38.8315’N, 00°10.8191’W), (53°38.8309’N, 00°10.8382’W), (53°38.8298’N, 00°10.8572’W), (53°38.8283’N, 00°10.8761’W), (53°38.8264’N, 00°10.8949’W), (53°38.8240’N, 00°10.9136’W), (53°38.8213’N, 00°10.9321’W), (53°38.8181’N, 00°10.9504’W), (53°38.8145’N, 00°10.9685’W), (53°38.8105’N, 00°10.9864’W), (53°38.8061’N, 00°11.0040’W), (53°38.8013’N, 00°11.0213’W), (53°38.7962’N, 00°11.0383’W), (53°38.7906’N, 00°11.0550’W), (53°38.7847’N, 00°11.0713’W), (53°38.7784’N, 00°11.0872’W), (53°38.7718’N, 00°11.1026’W), (53°38.7648’N, 00°11.1177’W), (53°38.7575’N, 00°11.1323’W), (53°38.7499’N, 00°11.1464’W), (53°38.7439’N, 00°11.1567’W), (53°38.7438’N, 00°11.1564’W), (53°38.5320’N, 00°10.8000’W), (53°38.7438’N, 00°10.4436’W) and (53°38.7439’N, 00°10.4434’W);

• “licensable activity” means an activity licensable under section 66 of the 2009 Act;

• “licensed activity” means any activity authorised in paragraph 3 of this Schedule;

• “maintenance dredge” means a dredge undertaken to keep channels, berths and other areas at their designed depths, involving removing recently accumulated sediments such as mud, sand and gravel to a level that is not lower than it has been at any time during the past 10 years and “maintenance dredging” is to be construed accordingly;

• “marine piles” means piles that will be in a free water condition during construction;

• “MCMS” means the Marine Case Management System provided by the MMO;

• “mean high water springs” means the average of high water heights occurring at the time of spring tides;

• “mean low water springs” means the average of low water heights occurring at the time of spring tides;

• “the MMO” means the Marine Management Organisation;

• “outline marine written scheme of investigation” means the outline marine archaeological written scheme of investigation contained in appendix 15B to the environmental statement;

• “Notice to Mariners” means any notice to mariners which may be issued by the Admiralty, Trinity House, the King’s harbour masters, government departments or harbour and pilotage authorities advising mariners of important matters affecting navigational safety;

• “the Order” means the Associated British Ports (Immingham Green Energy Terminal) Order 2025;

• “outline construction environmental management plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) of the Order and which has been certified by the Secretary of State as the outline construction environmental management plan for the purposes of the Order;

• “percussive piles” means driven piles but excludes the handling, placing and vibro-driving of piles;

• “percussive piling” for the purposes of this licence means the driving of piles by percussive means but does not include the handling, placing or vibro-driving of piles and a “marine pile” means a pile which will, during construction, be in a free-water state;

• “the Port of Immingham” has the meaning given in the Order;

• “relevant planning authority” has the meaning given in the Order;

• “the River Humber” means the tidal estuary from its mouth at the Spurn Peninsula to its confluence with the rivers Ouse and Trent;

• “subtidal” means areas of the bed of the estuary permanently submerged throughout the tidal cycle;

• “unconsolidated dredged materials” mean materials including alluvial sand with a diameter of at least 62.5 micrometres and less than two millimetres, alluvial silt with a diameter of at least 31.25 and less than 62.5 micrometres and gravel with a diameter of at least 2 and less than 64 millimetres;

• “undertaker” has the meaning given to “undertaker” in article 2 (interpretation) of the Order;

• “vessels” means every description of vessel, however propelled or moved, and includes a displacement and 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 in water and which is at the time in, on, or over water; and

• “the works plans” means the plans of that name identified in the table at Schedule 15 (documents and plans to be certified) and which is certified by the Secretary of State as the works plans for the purposes of the Order.