{
  "url": "https://openlegislation.uk/swansea-bay-tidal-generating-station-order-2015/schedule-1/paragraph-27",
  "json_url": "https://openlegislation.uk/swansea-bay-tidal-generating-station-order-2015/schedule-1/paragraph-27.json",
  "legislation": "uksi/2015/1386",
  "legislation_title": "The Swansea Bay Tidal Generating Station Order 2015",
  "legislation_url": "https://openlegislation.uk/swansea-bay-tidal-generating-station-order-2015",
  "path": "schedule/1/paragraph/27",
  "kind": "paragraph",
  "number": "27",
  "heading": "Fish and shellfish mitigation strategy",
  "text": "(1) No part of the authorised development is to commence until a written strategy for the mitigation of the impacts of the authorised development on fish and shellfish has been submitted to and approved by the relevant local planning authority in consultation with Natural Resources Wales and the relevant port health authority.\n(2) The fish and shellfish mitigation strategy must provide for—\n(a) fish spawning enhancements by introduction of spawning media at locations including the western face of Work No. 1a; and\n(b) targeted oyster dredge trawls to be undertaken of the proposed dredging areas prior to commencement of construction and the translocation of native oysters.\n(3) In relation to herring, the approved scheme shall provide—\n(a) for the placing of spawning media under sub-paragraph (2)(a) in the first year of construction of the authorised development; and\n(b) for the monitoring of the areas where spawning media are placed in the second and third year of construction and thereafter in accordance with frequencies determined under the AEMP.\n(4) In relation to the acoustic, sonar imaging and collision recording devices to be installed in association with the turbines. The scheme shall include—\n(a) monitoring of turbine impacts upon fish species, including migratory fish and clupeids;\n(b) calibration of acoustic fish deterrent devices (“AFDs”) prior to commencement of operation to be effective on fish species that are hearing generalists, including sea trout and herring;\n(c) monitoring to test the effectiveness of AFDs;\n(d) agreement of acceptable thresholds of impact and further action to be taken if those thresholds are exceeded;\n(e) measures to be taken when AFDs are non-operational; and\n(f) provision for review and adaptation of AFDs during the life of the authorised development.\n(5) The provisions of this Requirement are to take precedence over the provisions of the AEMP except where an iteration of the AEMP in accordance with the terms of this Order permits.\n(6) The approved fish and shellfish mitigation strategy and any measures under it are to be implemented and maintained during construction of the authorised development, and operation of the authorised development.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 1 para. 27(1) substituted (27.10.2015) by The Swansea Bay Tidal Generating Station (Correction) Order 2015 (S.I. 2015/1830), arts. 1, 2, Sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Semicolon in Sch. 1 para. 27(4)(d) substituted (27.10.2015) by The Swansea Bay Tidal Generating Station (Correction) Order 2015 (S.I. 2015/1830), arts. 1, 2, Sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 para. 27 in force at 30.6.2015, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/1386/schedule/1/paragraph/27",
    "retrieved_at": "2026-10-28T23:34:59.440320+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}