Paragraph 19 Post-construction monitoring and surveysI1

England and Wales

(1)

The undertaker must, in discharging condition 12(1)(b), submit details (which accord with the offshore in principle monitoring plan) for approval in writing by the MMO in consultation with the relevant statutory nature conservation bodies of proposed post-construction monitoring and surveys, including methodologies and timings, and a proposed format, content and timings for providing reports on the results.

(2)

The survey proposals must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

(3)

The post-construction surveys referred to in sub-paragraph ‎(1) must, unless otherwise agreed with the MMO, have due regard to, but not be limited to, the need to—

(a)

undertake an appropriate survey to determine any change in the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance constituting Annex 1 reef habitats identified in the pre-construction survey in the parts of the Order limits in which construction works were carried out. The survey design must be informed by the results of the pre-construction benthic survey;

(b)

undertake, within twelve months of completion of the licensed activities, a full sea floor coverage swath-bathymetry survey that meets the requirements of MGN654 and its annexes, and side scan sonar, of the area(s) within the Order limits in which construction works were carried out to assess any changes in bedform topography and such further monitoring or assessment as may be agreed to ensure that cables (including fibre optic cables) have been buried or protected;

(c)

undertake any ornithological monitoring required by the ornithological monitoring plan submitted in accordance with condition 12(1)(k);

(d)

undertake post-construction traffic monitoring in accordance with the outline marine traffic monitoring plan, including the provision of reports on the results of that monitoring to the MMO, the MCA and Trinity House;

(e)

undertake or contribute to any marine mammal monitoring referred to in the marine mammal mitigation protocol submitted in accordance with condition 12(1)(i); and

(f)

undertake monitoring of cables installed within the Cromer Shoal Chalk Beds MCZ in accordance with any monitoring required by the cable specification, installation and monitoring plan for the installation of cables within the Cromer Shoal Chalk Beds Marine Conservation Zone submitted in accordance with condition 12(1)(e).

(4)

The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the agreed reports to the MMO in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with the relevant statutory nature conservation bodies.

(5)

Following installation of cables, the cable monitoring plans required under conditions 12(1)(c) and 12(1)(e) must be updated with the results of the post installation surveys. The plans must be implemented until the authorised scheme is decommissioned and reviewed as specified within the plan, following cable burial surveys, or as instructed by the MMO.

(6)

In the event that the reports provided to the MMO under sub-paragraph ‎(4) identify a need for additional monitoring, the requirement for any additional monitoring will be agreed with the MMO in writing and implemented as agreed.

(7)

In the event that monitoring reports provided to the MMO under sub-paragraph ‎(4) identify impacts which are unanticipated and or beyond those predicted within the Environmental Statement or the Habitats Regulations Assessment an adaptive management plan to reduce effects to within what was predicted in the Environmental Statement and Habitat Regulations Assessment, unless otherwise agreed by the MMO, must be submitted under sub-paragraph (4). This plan must be agreed with MMO in consultation with the relevant statutory nature conservation bodies to reduce effects to an agreed suitable level for the project. Any such agreed and approved adaptive management or mitigation plan shall be implemented and monitored in full to a timetable first agreed in writing with the MMO. In the event that this adaptive management or mitigation requires a separate consent, the undertaker shall apply for such consent. Where a separate consent is required to undertake the agreed adaptive management or mitigation, the undertaker shall only be required to undertake the adaptive management or mitigation once the consent is granted.

Annotations

Commencement

I1: Sch. 12 Pt. 2 para. 19 in force at 9.5.2024, see art. 1