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Paragraph 28 Monitoring of underwater noise from pilingI1

England and Wales

(1)

In the event that driven or part-driven pile foundations are proposed, the monitoring plan submitted under condition 27(2)(b) must include measurements of noise generated by the installation of at least four of the first 12 piled foundations of each piled foundation type to be installed unless agreed in writing by the MMO, in consultation with the relevant statutory nature conservation bodies.

(2)

The results of the initial noise measurements monitored in accordance with sub-paragraph (1) must be provided in writing to the MMO within six weeks of the installation (unless otherwise agreed) of the first four of each piled foundations monitored in accordance with sub-paragraph (1). The assessment of this report by the MMO will determine whether any further noise monitoring is required. If, in the reasonable opinion of the MMO in consultation with the relevant statutory nature conservation body, determines that the assessment shows impacts significantly in excess to those assessed in the environmental statement and / or that there have been failures in the mitigation deployed, all piling activity must cease until either contingency measures approved within the marine management mitigation protocol have been implemented or an update to the marine mammal mitigation protocol and further monitoring requirements have been agreed.

Annotations

Commencement

I1

Sch. 10 para. 28 in force at 8.1.2026, see art. 1