Paragraph 1 InterpretationI1

In this marine licence—

• “2004 Act” means the Energy Act 2004^f1;

• “2008 Act” means the Planning Act 2008^f2;

• “2009 Act” means the Marine and Coastal Access Act 2009^f3;

• “address” includes any number or address used for the purposes of electronic transmission;

• “ancillary works” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order that are not development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

• “authorised deposits” means the substances and articles specified in paragraph (4) of Part 1 of this licence;

• “authorised development” means the development and associated development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order that is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

• “authorised project” means the authorised development and the ancillary works authorised by this Order;

• “bank holiday” means a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971^f4;

• “buoy” means any floating device used for navigational purposes or measurement purposes, including wave buoys, LiDAR and guard buoys and mooring buoys;

• “cable” means any cable up to 275kV for the transmission of electricity and includes direct lay cables, cables laid in cable ducts or protective covers, and further includes fibre optic and other communications cables either within the cable or laid alongside;

• “cable crossings” means the crossing of existing sub-sea cables, pipelines or other existing infrastructure by the cables authorised by this Order together with cable protection;

• “cable protection” means measures to protect cables from physical damage and exposure due to loss of seabed sediment including but not limited to rock placement or rock berms, concrete mattresses, the use of bagged solutions filled with grout or other materials and flow energy dissipation devices;

• “commence” means the first carrying out of any licensed activities, save for activities consisting of pre-construction surveys, monitoring surveys and unexploded ordnance surveys, and any derivative of “commence” is to be construed accordingly;

• “condition” means a condition in Part 2 of this licence;

• “decommissioning programme” has the meaning given by section 105(2) of the 2004 Act^f5;

• “design statement” means the document certified as the design statement by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “draft marine mammal mitigation protocol” means the document certified as the draft marine mammal mitigation protocol by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “electronic transmission” or “sent electronically” means a communication transmitted—

  1. (a)

     by means of an electronic communications network; or

  2. (b)

     by other means but whilst in electronic form;

• “environmental statement” means the document certified as the environmental statement by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “foundation” means any one or more of—

  1. (a)

     a gravity base foundation;

  2. (b)

     a multi-legged jacket with piling foundation;

  3. (c)

     a monopile foundation; or

  4. (d)

     a multi-legged jacket with suction bucket foundation;

• “gravity base foundation” means a structure principally of steel, concrete, or steel and concrete with a base which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

• “HAT” means highest astronomical tide;

• “HVAC” means high voltage alternating current;

• “in principle monitoring plan” means the document certified as the in principle monitoring plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “inter-array cables” means the HVAC cables linking the wind turbine generators to each other and to the offshore substation platforms;

• “km” means kilometres and “km²” means square kilometres;

• “kV” means kilovolt;

• “LAT” means lowest astronomical tide;

• “licensed activities” means those activities specified in Part 1 of this licence;

• “LiDAR” means a light detection and ranging system used to measure weather and sea conditions;

• “m” means metres, “m²” means square metres and “m³” means cubic metres;

• “maintain” includes inspect, upkeep, repair, adjust and alter the authorised project, and further includes remove, reconstruct and replace any of the ancillary works and any component part of the authorised project (but not including the removal or replacement of foundations) provided that such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement; and any derivative of “maintain” is to be construed accordingly;

• “MMO” means the Marine Management Organisation, the body created under the 2009 Act which is responsible for the regulation of this licence or any successor of that function;

• “MCA” means the Maritime and Coastguard Agency, the executive agency of the Department for Transport;

• “MCMS” means the Marine Case Management System web portal provided and operated by the MMO;

• “MGN654” means MGN654 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” (or any equivalent guidance that replaces or supersedes it) and its annexes;

• “monopile foundation” means a steel pile either driven or driven and drilled into the seabed and associated equipment including scour protection, equipment including J-tubes, corrosion protection systems and access platforms and equipment;

• “multi-legged jacket with piling foundation” means a steel jacket/lattice-type structure constructed of steel, fixed to the seabed with concrete or hollow steel pin piles and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

• “multi-legged jacket with suction bucket foundation” means a steel jacket/lattice-type structure constructed of steel, fixed to the seabed with a tubular steel structure which partially or fully penetrates the seabed securing the jacket foundations by means of suction generated on the inside of the bucket and associated equipment, including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

• “offshore order limits and grid coordinates plan” means the document certified as the offshore order limits and grid coordinates plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “offshore substation platform” or “OSP” means a structure above LAT and attached to the seabed by means of one or more foundations, with one or more decks and open with modular equipment or fully clad, containing—

  1. (a)

     electrical equipment required to switch, transform or convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation, including high voltage power transformers, high voltage switchgear and busbars, substation auxiliary systems and low voltage distribution, instrumentation, metering equipment and control systems, standby generators, shunt reactors, auxiliary and uninterruptible power supply systems;

  2. (b)

     accommodation, storage, workshop auxiliary equipment and facilities for operating, maintaining and controlling the substation or wind turbine generators, including navigation, aviation and safety marking and lighting, systems for vessel access and retrieval, cranes, potable water supply, black water separation, stores, fuels and spares, communications systems and control hub facilities;

• “offshore works plan” means the document certified as the offshore works plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “operation” means the undertaking of activities authorised by this Order which are not part of the construction, commissioning or decommissioning of the authorised project;

• “Order” means The Morecambe Offshore Windfarm Generation Assets Order 2025;

• “Order limits” means the limits shown on the offshore works plan within which the authorised project may be carried out, whose grid coordinates are set out in Part 1 of Schedule 1 (authorised development) of this Order and shown on the offshore order limits and grid coordinates plan;

• “outline construction method statement” means the document certified as the outline construction method statement by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “outline fisheries liaison and co-existence plan” means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “outline offshore operation and maintenance plan” means the document certified as the outline offshore operation and maintenance plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “outline offshore written scheme of investigation” plan means the document certified as the outline offshore written scheme of investigation by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “outline project environmental management plan” means the document certified as the outline project environmental management plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “outline scour protection and cable protection plan” means the document certified as the outline scour protection and cable protection plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “outline underwater sound management strategy” means the document certified as the outline underwater sound management strategy by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “outline vessel traffic management plan” means the document certified as the outline vessel traffic management plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “pin piles” means steel or concrete cylindrical piles driven or driven and drilled into the seabed to secure steel jacket foundations;

• “platform link cables” means the HVAC cables linking the offshore substation platforms to each other;

• “row” means a row of wind turbine generators perpendicular to the prevailing wind;

• “scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed including but not limited to by the use of bagged solutions filled with grout or other materials, protective aprons, mattresses with or without frond devices, and rock, concrete and gravel placement;

• “statutory historic body” means Historic England or its successor in function;

• “statutory nature conservation body” means a statutory nature conservation body, being the appropriate nature conservation body as defined in regulation 5 of the Conservation of Habitats and Species Regulations 2017^f6 or its equivalent in the Conservation of Offshore Marine Habitats and Species Regulations 2017^f7;

• “transition piece” means the metal 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;

• “UKHO” means the United Kingdom Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;

• “undertaker” means Morecambe Offshore Windfarm Ltd (company registration number: SC734062) or any person who has the benefit of this Order in accordance with article 7 (benefit of this Order);

• “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, under or over water and which is at the time in, on, under or over water;

• “VHF” means very high frequency;

• “WGS84” means the World Geodetic System 1984;

• “wind turbine generator” or “WTG” 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), transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter hoisting facilities and other associated equipment including communications equipment, fixed to a foundation or transition piece; and

• “working day” means a day other than a Saturday or Sunday or a bank holiday F1or other public holiday in England and Wales.

In this licence a reference to any statute, order, regulation or similar instrument is 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.

In this licence, unless otherwise indicated—

Unless otherwise stated or agreed with the MMO, all submissions, notifications and communications must be sent by the undertaker to the MMO using MCMS. Except where otherwise notified by the relevant organisation, the addresses for correspondence for the purposes of this Schedule are—