OpenLegislation

Paragraph 1

Original text. Later amendments are not shown.

(1)

In this licence—

  • “the 2004 Act” means the Energy Act 2004f1;

  • “the 2008 Act” means the Planning Act 2008f2;

  • “the 2009 Act” means the Marine and Coastal Access Act 2009f3;

  • “Annex 1 Habitat” means such habitat as defined under the EU Council Directive 92/43/EECf4 on the Conservation of Natural Habitats and of Wild Fauna and Flora;

  • “authorised deposits” means the substances and articles specified in paragraph 2(3) of this licence;

  • “authorised scheme” means the works described in paragraph 2 of this licence or any part of those works;

  • “the CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982f5;

  • “cable armouring” means measures for cable crossings to protect cables and prevent loss of seabed sediment by use of grout bags, protective aprons, mattresses, flow energy dissipation (frond) devices or rock and gravel dumping;

  • “Cefas” means the Centre for Environment, Fisheries and Aquaculture Science;

  • “commence” means the first carrying out of any part of the licensed activities save for pre-commencement environmental surveys and monitoring;

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

  • “enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 of the 2009 Act;

  • “environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order and submitted with the application on 22 March 2013;

  • “gravity base foundation” means a structure principally of concrete, steel or steel and concrete which rests on the seabed either due to its own weight with or without added ballast or skirts, including associated sea bed preparation, scour protection, J-tubes, corrosion protection systems, boat landings comprising an access ladder with vertical boat fenders fitted either side and work platforms and equipment;

  • “jacket foundation” means a jacket/lattice type structure constructed of concrete, steel or steel and concrete which is fixed to the seabed at three or more points with driven or pre-installed piles or suction caissons, including associated scour protection, J-tubes, corrosion protection systems, boat landings comprising an access ladder with vertical boat fenders fitted either side, access and work platforms and equipment;

  • “Kingfisher Fortnightly Bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO;

  • “LAT” means lowest astronomical tide;

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

  • “maintain” includes inspect, maintain, repair, adjust and alter, and further includes remove, reconstruct and replace any of the ancillary works in Part 2 of Schedule 1 (ancillary works) and any component part of any wind turbine generator or offshore substation described in Part 1 of Schedule 1 (authorised development) (but not including the alteration removal or replacement of foundations) to the extent assessed in the environmental statement; and “maintenance” shall be construed accordingly;

  • “Marine Management Organisation” or “MMO” means the body created under the Marine and Coastal Access Act 2009 which is responsible for the monitoring and enforcement of this licence;

  • “MCA” means the Maritime and Coastguard Agency;

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

  • “Natural England” means the body established by section 1 of the Natural Environment and Rural Communities Act 2006f6;

  • “notice to mariners” includes any notice to mariners which may be issued by the Admiralty, Trinity House, Queen’s harbour masters, government departments and harbour and pilotage authorities;

  • “offshore substation” means an offshore platform constructed of steel or concrete or steel and concrete with single or multiple decks housing major electrical equipment including high voltage transformers, switchgear, control rooms, cabling and busbars, lightning protection masts, communications masts, cable management, back-up generators, fuel storage, emergency accommodation, workshops and stores, helihoist facilities, cranes and other associated electrical and ancillary equipment;

  • “the Order” means the Burbo Bank Extension Offshore Wind Farm Order 2014;

  • “the Order limits” means the limits shown on the works plan within which the authorised scheme may be carried out, whose grid coordinates are set out in paragraph 3 of this licence;

  • “scour protection” means measures to prevent loss of seabed sediment around foundation bases by use of protective aprons, mattresses, flow energy dissipation (frond) devices or rock and gravel dumping;

  • “steel monopile foundation” means a steel large diameter pile, typically cylindrical, driven and/or drilled into the seabed, including associated scour protection, transition piece, J-tubes, corrosion protection systems, boat landings comprising an access ladder with vertical boat fenders fitted either side, access and work platforms and equipment;

  • “suction caisson” means a large diameter steel cylinder which is fixed to the base of the foundation and partially penetrates the seabed and remains in place using its own weight and hydrostatic pressure differential;

  • “transmission assets” means Works No. 2 and 3, as set out in paragraph 2(2) of this licence;

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

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

  • “undertaker” means DONG Energy Burbo Extension (UK) Limited;

  • “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;

  • “the works plan” means the plan certified as the works plan by the Secretary of State for the purposes of the Order.

(2)

A reference to any statute, order, regulation or similar instrument shall be construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(3)

Unless otherwise indicated—

(a)

all times shall be taken to be Greenwich Mean Time (GMT);

(b)

all co-ordinates shall be taken to be latitude and longitude degrees and minutes to two decimal places.

(4)

Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below and the address for returns and correspondence shall be—

(a)

Marine Management Organisation

Offshore Licensing Team

Lancaster House

Hampshire Court

Newcastle Business Park

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032;

(b)

Marine Management Organisation Coastal Office

Neville House

Central Riverside

Bell Street

North Shields

Tyne and Wear

NE30 1LJ

Tel: (24-hour answer phone) 0191 257 4520 or 0191 257 0159

Fax: 0191 257 1595;

(c)

Trinity House

Navigation Directorate

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900;

(d)

The United Kingdom Hydrographic Office

Oil and Gas Section (RT1)

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900;

(e)

Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: 023 8032 9191;

(f)

Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244;

(g)

Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield

S3 8NH

Tel: 0300 060 4911;

(h)

English Heritage

Eastgate Court

195-205 High Street

Guildford

GU1 3EH

Tel: 01483 252 057.

Annotations

Footnotes

f1

2004 c.20.

f2

2008 c.29.

f3

2009 c.23.

f4

OJ No. L206, 22.7.1992, p.7, last amended by Council Directive 2013/17/EU (OJ No. L158, 10.6.2013, p.193).

f5

1982 c.16.

f6

2006 c.16. Section 1 was amended by section 311(2) and (3) of the Marine and Coastal Access Act 2009.