Paragraph 4 Protected areaI1
England, Wales and Scotland
Subject to paragraph 7, no offshore wind infrastructure shall be constructed within the protected area.
The undertaker may perform offshore wind activities in the protected area provided that—
the undertaker provides advance written notice of its activities in the protected area as soon as reasonably practicable and in any event no later than six months prior to the scheduled commencement of such activities and consent is obtained from the licensee, such consent not to be unreasonably withheld;
the undertaker’s notice must describe the nature, extent, anticipated start date and duration of the activities;
following commencement of the offshore wind activities in the protected area, the undertaker must provide regular updates (no less frequently than every fourteen days) to the licensee throughout the duration of the offshore wind activities in the protected area as to their progress; and
within 24 hours of the completion of the offshore wind activities, the undertaker provides notice to the licensee that the activities have been completed and the protected area has been vacated.
The requirement for advance notice in sub-paragraph (2)(a) above shall not apply to any offshore wind activities which are emergency works, in which case the undertaker must provide notice as soon as reasonably practicable after commencement of the activities.
Following completion of the relevant offshore wind activities the undertaker shall use reasonable endeavours not to restrict, delay, hinder or prevent in any way the licensee’s or its agents’ ability to access safely the protected area and to carry out any drilling, development, production or decommissioning activities that the licensee, acting as a reasonable and prudent operator deems necessary from time to time.
Annotations
Commencement
- I1
Sch. 9 Pt. 10 para. 4 in force at 3.8.2023, see art. 1
Notes on the whole SI
Textual amendments
- F1
Word in preamble substituted (31.1.2024) by The Hornsea Four Offshore Wind Farm (Correction) Order 2024 (S.I. 2024/117), art. 1(2), Sch.