Paragraph 13 Post-constructionI1

England, Wales and Scotland

(1)

The undertaker must submit details for approval by the MMO after consultation with the statutory nature conservation body of—

(a)

proposed post-construction surveys including methodologies and timings; and

(b)

a proposed format, content and timings for providing reports on the results.

(2)

The survey proposals must specify the objectives of each survey and explain how the survey 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 paragraph (1) must, unless otherwise agreed with the MMO, have due regard to, but not be limited to, the need to undertake—

(a)

dependent on the outcome of the survey undertaken in Condition 12(4)(a), a survey to determine the effects of construction activity on the location, extent and composition of Annex 1 habitats or potential Annex 1 habitat qualifying biogenic features in whole or in part inside the areas within the offshore Order limits in which construction works have been carried out;

(b)

a swath bathymetric survey to International Hydrographic Organization Order IA standard within 12 months of the completion of the licensed marine activities across the areas within the offshore Order limits in which licensed marine activities have been carried out to—

(i)

ensure the cables have been buried and located within the offshore Order limits; and

(ii)

provide information on bedform morphology,

and the data and survey reports must be provided to the UKHO. The results of the post-cable lay survey must be submitted to the MMO as part of a cable burial risk assessment which must include detail of cable burial management including surveys and notification of cable exposure over the lifetime of the project; and

(c)

a subsequent swath bathymetric survey focused on agreed locations to demonstrate that any changes to bedforms or sediment movement are within the ranges predicted in the environmental statement.

(4)

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

Annotations

Commencement

I1: Sch. 9 para. 13 in force at 27.9.2016, see art. 1(2)