Paragraph 36 Marine mammal mitigation protocolF1

England, Wales and Scotland

(1)

No part of Works No. 1 to 3A must commence until a marine mammal mitigation protocol with appropriate monitoring surveys, the intention of which is to prevent, amongst other things—

(a)

injury to marine mammals, primarily auditory injury in the vicinity of any piling;

(b)

disturbance to marine mammals;

(c)

adversely affecting the integrity, within the meaning of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007, of a European offshore marine site or a European site (defined in regulations 15 and 24 of those Regulations respectively), to the extent that marine mammals are a protected feature of that site,

has been submitted to and approved in writing by the Secretary of State, after consultation with the MMO and Natural England.

(2)

The reference to “marine mammals” means the marine mammals listed as European Protected Species in Schedule 1 to the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007, and “disturbance” has the same meaning as in regulation 39(1)(b) of those Regulations.

(3)

The undertaker must implement the marine management mitigation protocol agreed under paragraph (1).

Annotations

Textual amendments

F1: Words in Sch. 1 Pt. 3 Requirements 35, 36 inserted (25.3.2016) by The East Anglia ONE Offshore Wind Farm (Corrections and Amendments) Order 2016 (S.I. 2016/447), art. 1, Sch. 2