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The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

    1. 3.Development consent granted by Order

    2. 4.Maintenance of authorised project

    3. 5.Operation of generating station

    4. 6.Procedure in relation to approvals, etc. under Requirements

    5. 7.Benefit of Order

    6. 8.Consent to transfer benefit of Order

    7. 9.Guarantees in respect of payment

    8. 10.Bizco 2 and Bizo 3 may enter on certain land for purposes of construction

    9. 11.Disapplication and modification of legislative provisions

    10. 12.Offshore works: abandonment, decay or removal

    11. 13.Defence to proceedings in respect of statutory nuisance

  4. PART 3

    1. 14.Street works

    2. 15.Temporary stopping up of streets

    3. 16.Access to works

    4. 17.Agreements with street authorities

  5. PART 4

    1. 18.Discharge of water

    2. 19.Protective work to buildings

    3. 20.Authority to survey and investigate land

    4. 21.Removal of human remains

  6. PART 5

    1. 22.Compulsory acquisition of land

    2. 23.Compulsory acquisition of land: minerals

    3. 24.Time limit for exercise of authority to acquire land compulsorily, etc.

    4. 25.Compulsory acquisition of rights

    5. 26.Private rights of way

    6. 27.Application of Compulsory Purchase (Vesting Declarations) Act 1981

    7. 28.Rights under or over streets

    8. 29.Temporary use of land for carrying out authorised project

    9. 30.Temporary use of land for maintaining authorised project

    10. 31.Statutory undertakers

    11. 32.Recovery of costs of new connections

    12. 33.Application of landlord and tenant law

    13. 34.Special category land

  7. PART 6

    1. 35.Railway and navigation undertakings

    2. 36.Trees subject to tree preservation orders

    3. 37.Operational land for purposes of Town and Country Planning Act 1990

    4. 38.Felling or lopping of trees and removal of hedgerows

    5. 39.Deemed licences under Marine and Coastal Access Act 2009

    6. 40.Saving for Trinity House

    7. 41.Crown rights

    8. 42.Certification of plans and documents, etc.

    9. 43.Protective provisions

    10. 44.Arbitration

  8. Signature

    1. SCHEDULE 1

      Authorised project

      1. PART 1 Authorised development

        1. 1.A nationally significant infrastructure project as defined in sections 14...

        2. 2.Associated development within the meaning of section 115(2) of the...

        3. 3.Associated development within the meaning of section 115(2) of the...

      2. PART 2 Ancillary works

      3. PART 3 Requirements

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Detailed offshore design parameters

        4. 4.(1) No meteorological station lattice tower may exceed a height...

        5. 5.(1) The total number of offshore platforms within Work No....

        6. 6.(1) Wind turbine generator foundation structures must be of 1...

        7. 7.(1) Within Work No. 1A, the wind turbine generator foundations...

        8. 8.(1) The total seabed footprint of foundation structures (excluding mooring...

        9. 9.(1) Within Work Nos. 1A, 2A and 3A, the HVDC...

        10. 10.(1) Within Work No. 1A, the HVAC cables must not,...

        11. 11.(1) Within Work No. 1A, the HVAC cable crossings must...

        12. 12.(1) Within Work Nos. 1A and 2A, the HVDC cable...

        13. 13.Layout rules

        14. 14.Aviation lighting

        15. 15.Offshore decommissioning

        16. 16.Offshore safety management

        17. 17.Restricted work area

        18. 18.Stages of authorised development onshore

        19. 19.Detailed design approval onshore

        20. 20.(1) Except where the onshore works are carried out in...

        21. 21.Provision of landscaping

        22. 22.Implementation and maintenance of landscaping

        23. 23.Fencing and other means of enclosure

        24. 24.Highway accesses

        25. 25.Surface and foul water drainage

        26. 26.Archaeology

        27. 27.Code of construction practice

        28. 28.Construction environmental management plan

        29. 29.Construction hours

        30. 30.Control of noise during operational phase

        31. 31.Control of artificial light emissions

        32. 32.Construction traffic routing and management plans

        33. 33.Drilling works under highways

        34. 34.Port access and transport plans

        35. 35.European protected species: onshore

        36. 36.Restoration of land used temporarily for construction

        37. 37.Interference with telecommunications

        38. 38.Onshore decommissioning

        39. 39.Approval, etc. to be given in writing

        40. 40.Amendments to plans, etc.

    2. SCHEDULE 2

      Streets subject to street works

    3. SCHEDULE 3

      Streets to be temporarily stopped up

    4. SCHEDULE 4

      Access to works

    5. SCHEDULE 5

      Land in which only new rights, etc. may be acquired

    6. SCHEDULE 6

      Modification of compensation and compulsory purchase enactments for creation of new rights

      1. 1.Compensation enactments modified

      2. 2.Land Compensation Act 1973 modified

      3. 3.Compulsory Purchase Act 1965 modified

    7. SCHEDULE 7

      Land of which temporary possession may be taken

    8. SCHEDULE 8

      Marine Licence 1: Project A Offshore Generation – Work Nos. 1A and 2T

      1. PART 1 Licensed activities

        1. 1.Interpretation

        2. 2.Details of licensed activities

      2. PART 2 Conditions

        1. 3.Detailed offshore design parameters

        2. 4.(1) No meteorological station lattice tower may exceed a height...

        3. 5.(1) The total number of offshore platforms within Work No....

        4. 6.(1) Wind turbine generator foundation structures must be of 1...

        5. 7.Within Work No. 1A, the wind turbine generator foundations must...

        6. 8.(1) The total seabed footprint of foundation structures (excluding mooring...

        7. 9.Within Work No. 1A, the HVAC cables must not, in...

        8. 10.Within Work No. 1A, the HVAC cable crossings must not,...

        9. 11.Within Work Nos. 1A and 2A, the HVDC cable crossings...

        10. 12.Layout rules

        11. 13.Notifications and inspections

        12. 14.Chemicals, drilling and debris

        13. 15.Force majeure

        14. 16.Pre-construction plans and documentation

        15. 17.(1) Each programme, statement, plan, protocol, scheme or details required...

        16. 18.Offshore safety management

        17. 19.Reporting of engaged agents, contractors and vessels

        18. 20.Equipment and operation of vessels engaged in licensed activities

        19. 21.Pre-construction monitoring

        20. 22.Construction monitoring

        21. 23.Post-construction surveys

        22. 24.Offshore maintenance plan

        23. 25.Aids to navigation

        24. 26.The undertaker must submit reports quarterly to Trinity House detailing...

        25. 27.The undertaker must notify Trinity House and the MMO of...

        26. 28.Following notification of a failure of aids to navigation, the...

        27. 29.The undertaker must paint all structures that are part of...

        28. 30.In case of damage to, or destruction or decay of,...

        29. 31.The undertaker must lay down such buoys, exhibit such lights...

        30. 32.Progress of authorised scheme

        31. 33.Amendments to plans, etc.

    9. SCHEDULE 9

      Marine Licence 2: Project B Offshore Generation – Work Nos. 1B and 2T

      1. PART 1 Licensed activities

        1. 1.Interpretation

        2. 2.Details of licensed activities

      2. PART 2 Conditions

        1. 3.Detailed offshore design parameters

        2. 4.(1) No meteorological station lattice tower may exceed a height...

        3. 5.(1) The total number of offshore platforms within Work No....

        4. 6.(1) Wind turbine generator foundation structures must be of 1...

        5. 7.Within Work No. 1B, the wind turbine generator foundations must...

        6. 8.(1) The total seabed footprint of foundation structures (excluding mooring...

        7. 9.Within Work No. 1B, the HVAC cables must not, in...

        8. 10.Within Work No. 1B, the HVAC cable crossings must not,...

        9. 11.Within Work Nos. 1B and 2B, the HVDC cable crossings...

        10. 12.Layout rules

        11. 13.Notifications and inspections

        12. 14.Chemicals, drilling and debris

        13. 15.Force majeure

        14. 16.Pre-construction plans and documentation

        15. 17.(1) Each programme, statement, plan, protocol, scheme or details required...

        16. 18.Offshore safety management

        17. 19.Reporting of engaged agents, contractors and vessels

        18. 20.Equipment and operation of vessels engaged in licensed activities

        19. 21.Pre-construction monitoring

        20. 22.Construction monitoring

        21. 23.Post-construction surveys

        22. 24.Offshore maintenance plan

        23. 25.Aids to navigation

        24. 26.The undertaker must submit reports quarterly to Trinity House detailing...

        25. 27.The undertaker must notify Trinity House and the MMO of...

        26. 28.Following notification of a failure of aids to navigation, the...

        27. 29.The undertaker must paint all structures that are part of...

        28. 30.In case of damage to, or destruction or decay of,...

        29. 31.The undertaker must lay down such buoys, exhibit such lights...

        30. 32.Progress of authorised scheme

        31. 33.Amendments to plans, etc.

    10. SCHEDULE 10

      Marine Licence 3: Project A Offshore Transmission - Work Nos. 2A, 3A and 2T

      1. PART 1 Licensed activities

        1. 1.Interpretation

        2. 2.Details of licensed activities

      2. PART 2 Conditions

        1. 3.Detailed offshore design parameters

        2. 4.(1) The total number of offshore platforms within Work No...

        3. 5.(1) The total seabed footprint of foundation structures (excluding mooring...

        4. 6.(1) Within Work Nos. 1A, 2A and 3A, the HVDC...

        5. 7.Within Work No. 1A, the HVAC cables must not, in...

        6. 8.Within Work No. 1A, the HVAC cable crossings must not,...

        7. 9.Within Work Nos. 1A and 2A, the HVDC cable crossings...

        8. 10.Notifications and inspections

        9. 11.Chemicals, drilling and debris

        10. 12.Force majeure

        11. 13.Pre-construction plans and documentation

        12. 14.(1) Each programme, statement, plan, protocol, scheme or details required...

        13. 15.Offshore safety management

        14. 16.Reporting of engaged agents, contractors and vessels

        15. 17.Equipment and operation of vessels engaged in licensed activities

        16. 18.Pre-construction monitoring

        17. 19.Construction monitoring

        18. 20.Post-construction surveys

        19. 21.Offshore maintenance plan

        20. 22.Aids to navigation

        21. 23.The undertaker must submit reports quarterly to Trinity House detailing...

        22. 24.The undertaker must notify Trinity House and the MMO of...

        23. 25.Following notification of a failure of aids to navigation, the...

        24. 26.The undertaker must paint all structures that are part of...

        25. 27.In case of damage to, or destruction or decay of,...

        26. 28.The undertaker must lay down such buoys, exhibit such lights...

        27. 29.Progress of authorised scheme

        28. 30.Amendments to plans, etc.

    11. SCHEDULE 11

      Marine Licence 4: Project B Offshore Transmission – Work Nos. 2B, 3B and 2T

      1. PART 1 Licensed activities

        1. 1.Interpretation

        2. 2.Details of licensed activities

      2. PART 2 Conditions

        1. 3.Detailed offshore design parameters

        2. 4.(1) The total number of offshore platforms within Work No....

        3. 5.(1) The total seabed footprint of foundation structures (excluding mooring...

        4. 6.(1) Within Work Nos. 1B, 2B and 3B, the HVDC...

        5. 7.Within Work No. 1B, the HVAC cables must not, in...

        6. 8.Within Work No. 1B, the HVAC cable crossings must not,...

        7. 9.Within Work Nos. 1B and 2B, the HVDC cable crossings...

        8. 10.Notifications and inspections

        9. 11.Chemicals, drilling and debris

        10. 12.Force majeure

        11. 13.Pre-construction plans and documentation

        12. 14.(1) Each programme, statement, plan, protocol or scheme required to...

        13. 15.Offshore safety management

        14. 16.Reporting of engaged agents, contractors and vessels

        15. 17.Equipment and operation of vessels engaged in licensed activities

        16. 18.Pre-construction monitoring

        17. 19.Construction monitoring

        18. 20.Post-construction surveys

        19. 21.Offshore maintenance plan

        20. 22.Aids to navigation

        21. 23.The undertaker must submit reports quarterly to Trinity House detailing...

        22. 24.The undertaker must notify Trinity House and the MMO of...

        23. 25.Following notification of a failure of aids to navigation, the...

        24. 26.The undertaker must paint all structures that are part of...

        25. 27.In case of damage to, or destruction or decay of,...

        26. 28.The undertaker must lay down such buoys, exhibit such lights...

        27. 29.Progress of authorised scheme

        28. 30.Amendments to plans, etc.

    12. SCHEDULE 12

      Protective provisions

      1. PART 1 Protection for electricity, gas, water and sewerage undertakers

        1. 1.The provisions of this Part have effect unless otherwise agreed...

        2. 2.In this Part— “alternative apparatus” means alternative apparatus adequate to...

        3. 3.This Part does not apply to— (a) apparatus in respect...

        4. 4.Despite any provision of this Order or anything shown on...

        5. 5.(1) If, in the exercise of the powers conferred by...

        6. 6.(1) Where, in accordance with this Part, the undertaker affords...

        7. 7.(1) Not less than 28 days before executing any works...

        8. 8.(1) Subject to the provisions of this paragraph, the undertaker...

        9. 9.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        10. 10.Nothing in this Part affects the provisions of any enactment...

        11. 11.In relation to any dispute arising under this Part, the...

      2. PART 2 Protection of Network Rail Infrastructure Limited, etc.

        1. 1.The provisions of this Part have effect unless otherwise agreed...

        2. 2.In this Part— “construction” includes execution, placing, alteration and reconstruction;...

        3. 3.(1) Where under this Part Network Rail is required to...

        4. 4.(1) The undertaker must not exercise the powers conferred by...

        5. 5.(1) The undertaker must before commencing construction of any specified...

        6. 6.(1) Any specified work and any protective works to be...

        7. 7.The undertaker must— (a) at all times afford reasonable facilities...

        8. 8.Network Rail must at all times afford reasonable facilities to...

        9. 9.(1) If any permanent or temporary alterations or additions to...

        10. 10.The undertaker must pay to Network Rail all reasonable fees,...

        11. 11.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 12.If at any time after the completion of a specified...

        13. 13.The undertaker must not provide any illumination or illuminated sign...

        14. 14.Any additional expenses that Network Rail may reasonably incur in...

        15. 15.(1) The undertaker must— (a) pay to Network Rail all...

        16. 16.Network Rail must, on receipt of a request from the...

        17. 17.In the assessment of any sums payable to Network Rail...

        18. 18.The undertaker and Network Rail may, subject in the case...

        19. 19.Nothing in this Order, or in any enactment incorporated with...

        20. 20.The undertaker must give written notice to Network Rail if...

        21. 21.The undertaker must, no later than 28 days after the...

      3. PART 3 Protection of operators of electronic communications code networks

        1. 1.(1) The provisions of this Part have effect unless otherwise...

        2. 2.The temporary stopping up or diversion of any street under...

        3. 3.(1) Subject to sub-paragraphs (2) to (4), if as the...

      4. PART 4 Protection of offshore cables and pipelines

        1. 1.The provisions of this Part have effect unless otherwise agreed...

        2. 2.(1) In this Part— “cables” means the whole or any...

        3. 3.Despite anything in this Order or shown on the works...

        4. 4.Despite anything in this Order, except in the case of...

        5. 5.The undertaker must use its best endeavours—

        6. 6.Not less than 8 months before commencing construction of the...

        7. 7.On giving any notice to the undertaker under paragraph 6,...

        8. 8.Not less than 4 months before commencing construction of any...

        9. 9.At any time within 1 month after the receipt by...

        10. 10.Except in the case of protective works that the Company...

        11. 11.In the case of protective works of which the Company...

        12. 12.Except in an emergency (when it must give such notice...

        13. 13.The undertaker must pay to the Company the reasonable expenses...

        14. 14.The undertaker must pay to the Company the reasonable expenses...

        15. 15.This Part does not apply in relation to any protected...

        16. 16.Nothing in this Part affects any enactment or any regulations...

      5. PART 5 Protection of Environment Agency

        1. 1.(1) The provisions of this Part have effect for the...

        2. 2.In this Part— “Agency” means the Environment Agency; “construction” includes...

        3. 3.(1) Before commencing construction of any specified work, the undertaker...

        4. 4.Without limiting paragraph 3 but subject always to the provision...

        5. 5.(1) Subject to sub-paragraph (2), the specified work, and all...

        6. 6.(1) Subject to sub-paragraph (6), the undertaker must from the...

        7. 7.Subject to paragraph 9, if by reason of the construction...

        8. 8.(1) The undertaker must take all such measures as may...

        9. 9.(1) Nothing in paragraphs 5(5), 6(3), 7 and 8(3) and...

        10. 10.The undertaker must indemnify the Agency in respect of all...

        11. 11.(1) Without limiting the other provisions of this Part, the...

        12. 12.The fact that any work or thing has been executed...

        13. 13.Any dispute arising between the undertaker and the Agency under...

      6. PART 6 Protection of owners and operators at Wilton

        1. 1.Preliminary

        2. 2.In this Part— “alternative apparatus” means alternative apparatus adequate to...

        3. 3.Nothing in this Part applies to apparatus in respect of...

        4. 4.General, consent and insurance

        5. 5.(1) The undertaker must not exercise the identified powers—

        6. 6.(1) Before carrying out any works on any part of...

        7. 7.If an owner or operator considers that any proposed exercise...

        8. 8.Apparatus

        9. 9.(1) Where, in accordance with this Part, the undertaker affords...

        10. 10.(1) Not less than 30 days before commencing the execution...

        11. 11.(1) Subject to the provisions of this paragraph, the undertaker...

        12. 12.(1) Subject to sub-paragraphs (2) and (3), if, by reason...

        13. 13.(1) The undertaker must not in the exercise of the...

        14. 14.(1) The undertaker must afford to owners of the Wilton...

        15. 15.Access for construction and maintenance

        16. 16.(1) Before carrying out any maintenance works affecting access rights...

        17. 17.(1) In preparing a construction access plan under paragraph 15...

        18. 18.In exercising any right of access over any of the...

        19. 19.Compliance with requirements, etc. of Wilton Complex

        20. 20.Consultation, participation in community groups, co-operation on complaints, etc.

        21. 21.Before undertaking any works in the Wilton Land or exercising...

        22. 22.Before undertaking any construction works on the Wilton Land or...

        23. 23.The undertaker must co-operate with the owners and operators in...

        24. 24.Expert

  9. Explanatory Note

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