{
  "url": "https://openlegislation.uk/boston-alternative-energy-facility-order-2023/schedule-9/paragraph-14",
  "json_url": "https://openlegislation.uk/boston-alternative-energy-facility-order-2023/schedule-9/paragraph-14.json",
  "legislation": "uksi/2023/778",
  "legislation_title": "The Boston Alternative Energy Facility Order 2023",
  "legislation_url": "https://openlegislation.uk/boston-alternative-energy-facility-order-2023",
  "path": "schedule/9/paragraph/14",
  "kind": "paragraph",
  "number": "14",
  "heading": null,
  "text": "(1) The undertaker must submit a navigation management plan in writing to the MMO for written approval in accordance with the procedure in Part 4, following consultation with BFFS, the harbour authority, the relevant statutory nature conservation body and the Environment Agency to the extent that it relates to matters relevant to their functions, at least 13 weeks prior to the commencement of any licensed activity.\n(2) The navigation management plan submitted for approval under sub-paragraph (1) must be informed by the assessment of risks to navigational safety in the navigation risk assessment or in any other navigation risk assessment and be substantially in accordance with the recommendations as to the management of vessel movements on The Haven as set out in the navigation risk assessment or in any other navigation risk assessment.\n(3) The navigation management plan submitted for approval under sub-paragraph (1) must be substantially in accordance with the navigation management plan template.\n(4) The navigation management plan must include details of—\n(a) the construction timelines;\n(b) the potential risks to navigation;\n(c) communication measures;\n(d) measures for managing potential risks to marine mammals in accordance with the marine mammal mitigation protocol approved under condition 17;\n(e) measures for managing disturbance to designated bird species developed in accordance with the process in the Navigation Management Planning Process: Risk to Birds;\n(f) measures for managing potential biosecurity risks; and\n(g) how each stage of the construction process and the operation of the authorised development will be managed to ensure a minimal impact on the safety of navigation in The Haven and ensure that any delay or interference that may be caused to vessels which may be using The Haven is minimised as far as reasonably practicable.\n(5) The undertaker must not commence the licensed activities until the MMO has approved in writing the submitted navigation management plan.\n(6) Unless otherwise agreed by the MMO in writing, the navigation management plan must be implemented as approved by the MMO and\n(a) no vessels associated with the construction of the authorised development may be received at Work No. 4 until the measures relating to the matters in sub-paragraph 4(d) as set out in the navigation management plan have been implemented; and\n(b) no vessels associated with the operation of Work No. 1 may be received at Work No. 4 until the measures relating to the matters in sub-paragraph 4(e) as set out in the navigation management plan have been implemented.\n(7) Following approval of the navigation management plan in accordance with the procedure in Part 4 the undertaker may from time to time submit revised navigation management plans to the MMO following consultation with BFFS, the harbour authority, the relevant statutory nature conservation body and the Environment Agency to the extent that it relates to matters relevant to their functions.\n(8) A revised navigation management plan submitted to the MMO in accordance with sub-paragraph (7) and approved by the MMO in accordance with Part 4 supersedes any other navigation management plan in effect on the date of approval.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2023/778/schedule/9/paragraph/14",
    "retrieved_at": "2026-10-28T21:42:54.183657+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}