Paragraph 1 InterpretationI1

In this licence—

• “1989 Act” means the Electricity Act 1989^f1;

• “2004 Act” means the Energy Act 2004^f2;

• “2008 Act” means the Planning Act 2008^f3;

• “2009 Act” means the Marine and Coastal Access Act 2009^f4;

• “Annex I reef” means a reef of a type listed in Annex I to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;

• “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 of the 2008 Act;

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

• “authorised scheme” means Work No. 2 and Work No. 3 and the further associated development described in paragraph 3 of Part 1 of this licence or any part of that work or development;

• “bank holiday” means a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971^f5;

• “buoy” means any floating device used for navigational purposes or measurement purposes, including but not limited to wave buoys, LiDAR and guard buoys;

• “cable” means up to 400kV cables for the transmission of electricity and includes fibre optic and other communications cables either within the cable or laid alongside;

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

• “cable protection” means measures to protect cables from physical damage including but not limited to concrete mattresses, with or without frond devices, and/or rock placement, the use of bagged solutions filled with grout or other materials;

• “chemicals” comprise both substances and preparations;

• “commence” means the first carrying out of any licensed activities, save for pre-construction surveys, monitoring surveys, unexploded ordnance surveys and clearance of low order unexploded ordnance, and “commencement” must be construed accordingly;

• “commercial operation” means in relation to any part of the authorised scheme, the exporting, transmission or conversion, on a commercial basis, of electricity;

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

• “electronic transmission” means a communication transmitted—

  1. (a)

     by means of an electronic communications network; or

  2. (b)

     by other means but while in electronic form;

• “environmental statement” means the document certified as the environmental statement by the Secretary of State under article 11 (certification of plans, etc.) of the Order;

• “foundation” means any of: a multi-leg pin-piled jacket foundation, multi-leg suction bucket jacket foundation, or gravity base 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;

• “high order unexploded ordnance clearance” means an unexploded ordnance clearance method which intentionally seeks to detonate the unexploded ordnance;

• “interconnector cables” means the cables linking the offshore substation platforms to each other;

• “intrusive activities” means activities including anchoring of vessels, jacking up of vessels, temporary deposits and temporary wet storage areas;

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

• “km” means kilometres;

• “LAT” means lowest astronomical tide;

• “layout principles” means the layout principles contained within Table 3.7 of the environmental statement project description referred to as document S_D6_15 in Schedule 5;

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

• “licence 1” means the marine licence set out in Schedule 3 (deemed marine licence under the 2009 Act – Licence 1: Wind Turbine Generators and other Offshore Infrastructure);

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

• “low order unexploded ordnance clearance” means an unexploded ordnance clearance method which does not seek to detonate the unexploded ordnance;

• “m” means metres and “m²” means metres squared;

• “maintain” includes inspect, upkeep, repair, adjust or alter the authorised scheme, and remove, reconstruct or replace any part of the authorised scheme, to the extent assessed in the environmental statement; and any derivative of “maintain” is to be construed accordingly;

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

• “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;

• “measures to minimise disturbance to marine mammals and rafting birds from transiting vessels” means the document certified as the measures to minimise disturbance to marine mammals and rafting birds from transiting vessels by the Secretary of State under article 11 (certification of plans, etc.) for the purposes of this Order;

• “offshore in principle monitoring plan” means the document certified as the offshore in principle monitoring plan by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

• “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 11 (certification of plans, etc.) of this Order;

• “offshore substation platform” means a structure above LAT and attached to the seabed by means of a foundation, 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; and

  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 marketing and lighting, systems for vessel charging, access and retrieval, cranes, potable water supply, black water separation, stores, fuels and spares, communications systems and control hub facilities and other associated equipment and facilities;

• “offshore surface structures” means offshore substation platforms and wind turbine generators;

• “Order” means the Morgan Offshore Wind Project Generation Assets Order 2025;

• “Order limits” means the limits shown on the offshore order limits and grid coordinates plan within which the authorised scheme may be carried out;

• “outline environmental management plan” plan means the document certified as the outline environmental management plan by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

• “outline fisheries liaison and co-existence plan” plan means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

• “outline marine mammal mitigation protocol” means the document certified as the outline marine mammal mitigation protocol” by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

• “outline offshore construction method statement” means the document certified as the outline offshore construction method statement by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

• “outline offshore written scheme of investigation for archaeology” plan means the document certified as the outline offshore written scheme of investigation for archaeology by the Secretary of State under article 11 (certification of plans, etc.) of this Order;

• “outline offshore operations and maintenance plan” plan means the document certified as the outline offshore operations and maintenance plan by the Secretary of State under article 11 (certification of 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 11 (certification of 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 11 (certification of 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 development;

• “pathway to the marine environment” means open systems or closed systems that require top up;

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

• “preparation” means a mixture or solution composed of two or more substances;

• “scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed including by the use of bagged solutions filled with grout or other materials, protective aprons, mattresses with or without frond devices and rock and gravel placement;

• “substance” means a chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition;

• “suction bucket” means a tubular steel structure which partially or fully penetrates the seabed and associated equipment, including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

• “statutory historic body” means an organisation charged by the government with advising on matters related to historic buildings and monuments;

• “statutory nature conservation body” means an organisation charged by the government with advising on nature conservation matters;

• “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 Morgan Offshore Wind Limited (company registration number: 13497271) whose registered office address is Chertsey Road, Sunbury on Thames, Middlesex, United Kingdom, TW16 7BP;

• “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;

• “works plan” means the plans certified as the works plan by the Secretary of State under Article 11 (certification of plans, etc.) of this Order.

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 notifications must be sent by the undertaker to the MMO using MCMS. Except where otherwise notified in writing by the relevant organisation, the addresses for correspondence for the purposes of this Schedule are—