# The Five Estuaries Offshore Wind Farm Order 2025, Paragraph 1: Licensed marine activities

Extent: E+W

(1) In this licence—
“the 2004 Act” means the Energy Act 2004;
“the 2008 Act” means the Planning Act 2008;
“the 2009 Act” means the Marine and Coastal Access Act 2009;
“2017 Regulations” means the Conservation of Offshore Marine Habitats and Species Regulations 2017;
“aids to navigation management plan” means the aids to navigation management plan to be submitted to the MMO under condition 12 of this licence;
“array area” means the area covered by Work No. 1 as shown on the works plan - offshore;
“array area disposal site” means the site to be used for disposal of inert material of natural origin produced during construction, drilling and seabed preparation for works associated with foundations, cables or installation vessels (including sandwave clearance) to be located within the array area;
“authorised deposits” means the substances and articles specified in paragraph 4 of Part 1 of this marine licence;
“authorised development” means Work No. 1 described in paragraph 3 of Part 1 of this marine licence or any stage of that work;
“buoy” means any floating device used for navigational purposes or measurement purposes, including LiDAR buoys, wave buoys and guard buoys;
“cable” means cables for the transmission of electricity and includes fibre optic and other communications cables either within the cable or laid alongside;
“cable crossings” means a crossing of existing sub-sea cables or pipelines or other existing infrastructure by a cable or, where cables run together in parallel, a set of cables, authorised by this Order together with cable protection;
“cable protection” means physical measures for the protection of cables including but not limited to concrete mattresses, bagged solutions, and/or rock placement (including material used for cable crossings);
“cable protection replenishment” means the restoration to a former level or condition of cable protection lost by natural seabed processes or human activity;
“commence” means the first carrying out of any licensed marine activities authorised by this marine licence, save for pre-construction surveys and monitoring approved under this marine licence and the activities set out in paragraph 2 of part 1 of this licence, and “commenced” and “commencement” must be construed accordingly;
“commissioning” means the process of assuring that all systems and components of the authorised development are tested to verify that they function and are operable in accordance with the design objectives, specifications and operational requirements of the undertaker;
“condition” means a condition in Part 2 of this licence;
“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation – Safeguarding, and any successor body to its functions;
“dropped object procedure form” means the MMO notification proforma with reference MLDIR1 for reporting the loss or dumping of synthetic materials and other refuse at sea or any other format advised in writing by the MMO;
“emergency response co-operation plan” means the plan approved by the MCA for the arrangements for liaison between the undertaker and HM Coastguard in the event of an emergency response;
“enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 (enforcement) of Part 4 (marine licensing) of the 2009 Act;
“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order under article 43 (certification of plans, etc.);
“habitats of principal importance” means a habitat designated as being of principal importance in accordance with section 41 (biodiversity lists and action (England)) of the Natural Environment and Rural Communities Act 2006;
“IHO S44ed5 Order 1a” means order 1a from the fifth edition of the International Hydrographic Organisation’s Standards for Hydrographics Surveys;
“inter-array cable” means the network of offshore subsea cables connecting the wind turbine generators in Work No. 1 and the offshore substations forming part of Work No. 2 of and licenced under the deemed marine licence in Schedule 11 of the Order;
“jacket foundation” means a lattice type structure constructed of steel, which may include additional equipment such as, J-tubes, corrosion protection systems and access platforms;
“JNCC” means the Joint Nature Conservation Committee;
“JNCC Guidance” means the statutory nature conservation body ‘Guidance for assessing the significance of noise disturbance against Conservation Objectives of harbour porpoise SACs’ Joint Nature Conservation Committee Report No. 654, May 2020 published in June 2020 as amended, updated or superseded;
“Kingfisher Fortnightly bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO for the purposes of this licence;
“Kingfisher Information Service” means the information service from non-departmental government body Seafish to be contacted at kingfisher@seafish.co.uk;
“LAT” means lowest astronomical tide;
“licensed activities” means the activities specified in Part 1 of this licence;
“maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace (including replenishment of cable protection) to the extent assessed in the environmental statement, and “maintenance” must be construed accordingly;
“Marine Management Organisation” or “MMO” means the Marine Management Organisation, the body created under the 2009 Act and which is responsible for the monitoring and enforcement of this licence;
“marine noise registry” means the database developed and maintained by JNCC on behalf of Defra to record the spatial and temporal distribution of impulsive noise generating activities in UK seas;
“MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
“MCMS” means the Marine Case Management System web portal provided and operated by the MMO;
“MHWS” or “mean high water springs” means the highest level which spring tides reach on average over a period of time;
“monopile foundation” means a steel pile, typically cylindrical, driven and/or drilled into the seabed and associated equipment including J-tubes, corrosion protection systems and access platforms and equipment;
“offshore in-principle monitoring plan” means the document certified as such by the Secretary of State for the purposes of this Order under article 43 (certification of plans, etc.);
“the offshore Order limits and grid co-ordinates plan” means the plan certified as such by the Secretary of State for the purposes of the Order under article 43 (certification of plans, etc.);
“Offshore Renewables Protocol for Reporting Archaeological Discoveries” means the Offshore Renewables Protocol for Reporting Archaeological Discoveries, the Crown Estate (2014), prepared by Wessex Archaeology as amended, updated or superseded from time to time;
“operation” means the undertaking of the licensed activities which are not part of the construction, commissioning or decommissioning of the authorised development;
“Order” means the Five Estuaries Offshore Wind Farm Order 2025;
“the Order limits” means the limits shown on the offshore Order limits and grid co-ordinates plans and the onshore Order limits plan within which the authorised development may be carried out, the grid coordinates for the area of which seaward of MHWS are set out in Schedule 16;
“outline fisheries liaison and co-existence plan” means the document certified as such by the Secretary of State for the purposes of this Order under article 43 (certification of plans, etc.);
“outline marine mammal mitigation protocol” means the document certified as the outline marine mammal mitigation protocol - piling by the Secretary of State for the purposes of this Order under article 43 (certification of plans, etc.);
“outline marine written schemes of investigation” means the document certified as such by the Secretary of State for the purposes of this Order under article 43 (certification of plans, etc.);
“outline offshore operations and maintenance plan” means the document certified as such by the Secretary of State for the purposes of this Order under article 43 (certification of plans, etc.);
“outline project environmental management plan” means the document certified as such by the Secretary of State for the purposes of this Order under article 43 (certification of plans, etc.);
“outline sediment disposal management plan” means the document certified as such by the Secretary of State for the purposes of this Order under article 43 (certification of plans, etc.);
“outline southern north sea special area of conservation site integrity plan” means the document certified as such by the Secretary of State for the purposes of this Order under article 43 (certification of plans, etc.);
“outline working in proximity to wildlife in the marine environment plan” means the document certified as the working in proximity to wildlife in the marine environment plan by the Secretary of State in accordance with article 43 (certification of plans, etc.) and forming an appendix to the outline project environmental management plan;
“pin piles” means steel cylindrical piles driven and/or drilled into the seabed to secure jacket foundations;
“pin piled jacket” means a jacket attached to the seabed using pin piles;
“statutory historic body” means Historic England or its successor in function;
“statutory nature conservation body” means the appropriate nature conservation body as defined in Regulation 5 of the Conservation of Habitats and Species Regulations 2017 or its equivalent in the 2017 Regulations;
“suction caisson (or bucket)” means a steel cylindrical structure attached to the legs of a jacket foundation which partially or fully penetrates the seabed and remains in place using its own weight and hydrostatic pressure differential;
“suction caisson jacket” means a jacket attached to the seabed using suction caissons (typically one per leg)
“transition piece” means the metal and / or concrete structure attached to the top of the foundation where the base of the wind turbine generator is connected and may include additional equipment such as J-tubes, corrosion protection systems, boat access systems, access platforms, craneage, radar, electrical transmission equipment and associated equipment;
“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;
“UK Standard Marking Schedule for Offshore Installations” means the Standard Marking Schedule for Offshore Installations published by the Department of Energy & Climate Change with reference DECC 04/11.
“undertaker” means Five Estuaries Offshore Wind Farm Limited, incorporated under company number 12292474 and having its registered office at Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire, United Kingdom, SN5 6PB;
“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;
“wind turbine generator” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include J-tube(s) (or equivalent structures), transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment, and radar equipment, fixed to a foundation or transition piece;
“working day” means a day which is not a weekend, bank holiday or public holiday in England; and
“works plans - offshore” means the plan certified as such by the Secretary of State for the purposes of the Order under article 43 (certification of plans, etc.).
(2) A reference to any statute, order, regulation or similar instrument is 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 are taken to be Greenwich Mean Time;
(b) all co-ordinates are 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 are—
(a) Civil Aviation Authority
Aviation House
Beehive Ringroad
Crawley
West Sussex
RH6 0YR
(b) Historic England
East of England Regional Office
Brooklands
24 Brooklands Avenue
Cambridge
CB2 8BU
(c) Marine Management Organisation
Marine Licensing Team
Lancaster House Hampshire Court
Newcastle Business Park
Newcastle upon Tyne
NE4 7YH
Tel: 0300 123 1032
(d) Marine Management Organisation (Local Office)
Miranda House
The Quay
Harwich
CO12 3HH
(e) Maritime and Coastguard Agency
Navigation Safety Branch
Bay 2/20, Spring Place
105 Commercial Road
Southampton
SO15 1EG
Tel: 020 3817 2433
(f) Ministry of Defence (as requested by Defence Infrastructure Organisation –
Safeguarding)
St George’s House
DIO Head Office
DMS Whittington
Lichfield
Staffordshire
WS14 9PY
(g) Natural England
Guildbourne House
Chatsworth Road
Worthing
BN11 1LD
Tel: 0300 060 4911
(h) Trinity House
Tower Hill
London
EC3N 4DH
Tel: 020 7481 6900
(i) The United Kingdom Hydrographic Office
Admiralty Way
Taunton
Somerset
TA1 2DN
Tel: 01823 337 900
(5) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is marine.consents@marinemanagement.org.uk, or where contact to the Local Office of the MMO is required, harwich@marinemanagement.org.uk.
(6) Unless otherwise advised in writing by the MMO, the “MCMS” must be used for all licence returns or applications to vary this licence. The MCMS address is: https://marinelicensing.marinemanagement.org.uk/.

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Source: https://www.legislation.gov.uk/uksi/2025/1376/schedule/10/paragraph/1 (the official version)
Page: https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-10/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

