Paragraph 13 Pre-construction monitoringI1

England, Wales and Scotland

(1)

The undertaker shall, in discharging condition 9(3), submit details for written approval by the MMO, in consultation with Natural England and JNCC, of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report. The survey proposals shall specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement. The baseline report proposals shall ensure that the outcome of the agreed surveys together with existing data and reports are drawn together to present a valid statement of the pre-construction position, with any limitations, and shall make clear what post-construction comparison is intended and the justification for this being required.

(2)

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

(a)

a survey, in combination with data derived from condition 13(2)(c) to determine the location and extent of any benthic Annex 1 Habitat in whole or in part inside the areas within the Order limits in which it is proposed to carry out construction works;

(b)

a survey to determine the location, extent and composition of any other benthic habitats of conservation, ecological and or economic importance;

(c)

a high resolution swath bathymetric survey and side- scan sonar survey of the areas within the Order limits in which it is proposed to carry out construction works, including a 500 metre buffer area around the site of each works and inclusive of seabed anomalies or sites of historical or archaeological interest that lie within that 500 metre buffer;

(d)

a survey of existing ornithological activity inside the areas within the Order limits in which it is proposed to carry out construction works, and any wider areas where appropriate, which is required to test predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme;

(e)

a baseline survey of fish species of particular relevance to the authorised scheme within the Order limits in which it is proposed to carry out construction works, and any wider areas where appropriate.

(3)

The undertaker shall carry out the surveys approved under sub-paragraph (1) and provide the baseline report to the MMO in the agreed format in accordance within the agreed timetable, unless otherwise agreed in writing by the MMO, in consultation with Natural England and JNCC.

Annotations

Commencement

I1: Sch. 2 para. 13 in force at 12.7.2013, see art. 1