Paragraph 18 Restrictions in intertidal area and Humber Estuary Special Area of ConservationI1
England, Wales and Scotland
The cable protection to be used within the Humber Estuary Special Area of Conservation must be frond mattressing, unless otherwise agreed in writing with the MMO.
No cable protection may be used within the intertidal area of the Humber Estuary Special Area of Conservation.
The undertaker must not construct or install the licensed activities comprised in Work No. 4A or 5A in the intertidal area during the overwintering period unless otherwise agreed in writing with the MMO, in consultation with Natural England.
The undertaker must not construct or install the licensed activities comprised in Work Nos. 4A and 5A in the intertidal area within 500 metres seaward of the seawall during the period of time commencing 2 hours before a high tide predicted to be greater than 6.5 metres Chart Datum and ending 2 hours after a high tide predicted to be greater than 6.5 metres Chart Datum between 1st April and 31st May (inclusive) and 1st August to 30th September (inclusive), unless provided for in the construction and monitoring programme submitted and approved under Condition 8(2)(a) or the construction method statement submitted and approved under Condition 8(2)(b) or unless otherwise agreed in writing by the MMO, in consultation with Natural England.
The undertaker must not carry out inspections in the intertidal area during the overwintering period to the extent that the inspections require to be carried out—
more than once per overwintering period;
over more than 2 consecutive days by people on foot; or
by more than 5 people on foot at any one time,
unless otherwise agreed in writing with the MMO, in consultation with Natural England or unless provided for in the offshore project maintenance plan submitted and approved under Condition 8(2)(i).
Where this Condition provides that the MMO may agree to an alternative to what is otherwise provided under this Condition—
any alternative must be in accordance with the principles and assessments set out in the environmental statement; and
agreement to any alternative may be given only where it has been demonstrated to the satisfaction of the MMO that the alternative is unlikely to give rise to any materially new or materially different effects from those assessed in the environmental statement.
In this Condition, “overwintering period” means the period between 1st October and 31st March (inclusive).
Annotations
Commencement
- I1
Sch. 9 para. 18 in force at 7.9.2016, see art. 1(2)