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The East Anglia THREE Offshore Wind Farm Order 2017

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART 1 Preliminary

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 Principal powers

    1. 3.Development consent etc. granted by the Order

    2. 4.Power to maintain authorised project

    3. 5.Benefit of the Order

    4. 6.Application and modification of legislative provisions

    5. 7.Defence to proceedings in respect of statutory nuisance

  4. PART 3 Streets

    1. 8.Street works

    2. 9.Temporary stopping up of public rights of way

    3. 10.Temporary stopping up of streets

    4. 11.Access to works

    5. 12.Agreements with street authorities

  5. PART 4 Supplemental powers

    1. 13.Discharge of water

    2. 14.Authority to survey and investigate the land onshore

  6. PART 5 Powers of acquisition

    1. 15.Compulsory acquisition of land

    2. 16.Time limit for exercise of authority to acquire land compulsorily

    3. 17.Compulsory acquisition of rights

    4. 18.Private rights

    5. 19.Application of the Compulsory Purchase (Vesting Declarations) Act 1981

    6. 20.Acquisition of subsoil only

    7. 21.Acquisition of part of certain properties

    8. 22.Rights under or over streets

    9. 23.Temporary use of land for carrying out the authorised project

    10. 24.Temporary use of land for maintaining authorised project

    11. 25.Statutory undertakers

    12. 26.Recovery of costs of new connections

  7. PART 6 Operations

    1. 27.Operation of generating station

    2. 28.Deemed marine licences under the 2009 Act

  8. PART 7 Miscellaneous and general

    1. 29.Application of landlord and tenant law

    2. 30.Operational land for purposes of the 1990 Act

    3. 31.Felling or lopping of trees and removal of hedgerows

    4. 32.Certification of plans etc.

    5. 33.Arbitration

    6. 34.Requirements, appeals, etc.

    7. 35.Abatement of works abandoned or decayed

    8. 36.Saving provisions for Trinity House

    9. 37.Crown rights

    10. 38.Protective provisions

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      Authorised project

      1. PART 1 Authorised development

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

        2. In the county of Suffolk, district of Suffolk Coastal

      2. PART 2 Ancillary works

        1. 1.Works within the Order limits which have been subject to...

      3. PART 3 Requirements

        1. 1.Time limits

        2. 2.Detailed offshore design parameters

        3. 3.(1) The total number of offshore electrical stations forming part...

        4. 4.(1) The total length of the cables and the volume...

        5. 5.(1) In relation to a wind turbine generator, each gravity...

        6. 6.(1) In relation to a meteorological mast, each gravity base...

        7. 7.(1) In relation to an offshore electrical station, each gravity...

        8. 8.(1) In relation to any accommodation platform, each gravity base...

        9. 9.The total amount of scour protection for the wind turbine...

        10. 10.Offshore decommissioning

        11. 11.Stages and phasing of authorised development onshore

        12. 12.Detailed design parameters onshore

        13. 13.Landfall method statement

        14. 14.Provision of landscaping

        15. 15.Implementation and maintenance of landscaping

        16. 16.Highway accesses and improvements

        17. 17.Fencing and other means of enclosure

        18. 18.Surface and foul water drainage

        19. 19.Contaminated land and ground water

        20. 20.Archaeology

        21. 21.Ecological management plan

        22. 22.Code of construction practice

        23. 23.External lighting and control of artificial light emissions

        24. 24.Control of noise during construction

        25. 25.Construction hours

        26. 26.Control of noise during operational phase

        27. 27.Traffic

        28. 28.Port travel plan

        29. 29.European protected species onshore

        30. 30.Restoration of land used temporarily for construction

        31. 31.Onshore decommissioning

        32. 32.Aviation Safety

        33. 33.Ministry of Defence surveillance operations

        34. 34.Requirement for written approval

        35. 35.Amendments to approved details

        36. 36.Reuse of temporary works

        37. 37.Notification of site clearance and archaeological investigations

    2. SCHEDULE 2

      Streets subject to street works

    3. SCHEDULE 3

      Public rights of way 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

      2. 2.(1) Without prejudice to the generality of paragraph 1, the...

      3. 3.Application of the 1965 Act

      4. 4.For section 7 of the 1965 Act (measure of compensation)...

      5. 5.For section 8 of the 1965 Act (other provisions as...

      6. 6.The following provisions of the 1965 Act (which state the...

      7. 7.Section 11 of the 1965 Act (powers of entry) is...

      8. 8.Section 20 of the 1965 Act (protection for interests of...

      9. 9.Section 22 of the 1965 Act (protection of acquiring authority’s...

    7. SCHEDULE 7

      Land of which temporary possession may be taken

    8. SCHEDULE 8

      Protective Provisions

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

        1. 1.For the protection of the affected undertakers referred to in...

        2. 2.In this part of this Schedule— “affected undertaker” means any...

        3. 3.This part of this Schedule does not apply to apparatus...

        4. 4.Regardless of any provision in this Order or anything shown...

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

        6. 6.(1) Where, in accordance with the provisions of this part...

        7. 7.(1) Not less than 28 days before starting the execution...

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

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

        10. 10.Nothing in this part of this Schedule affects the provisions...

      2. PART 2 Protection for operators of electronic communications code networks

        1. 11.(1) For the protection of any operator, the following provisions,...

        2. 12.The exercise of the powers of article 25 (statutory undertakers)...

        3. 13.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 14.This part of this Schedule does not apply to—

        5. 15.Nothing in this part of this Schedule affects the provisions...

      3. PART 3 Protection for Network Rail Infrastructure Limited

        1. 16.The following provisions of this Part of this Schedule have...

        2. 17.In this part of this Schedule— “construction” includes execution, placing,...

        3. 18.(1) Where under this part of this Schedule Network Rail...

        4. 19.(1) The undertaker must not exercise the powers conferred by...

        5. 20.(1) The undertaker must before commencing construction of any specified...

        6. 21.(1) Any specified work and any protective works to be...

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

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

        9. 24.(1) If any permanent or temporary alterations or additions to...

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

        11. 26.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

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

        14. 29.Any additional expenses which Network Rail may reasonably incur in...

        15. 30.(1) The undertaker must pay to Network Rail all reasonable...

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

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

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

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

        20. 35.The undertaker must give written notice to Network Rail where...

        21. 36.The undertaker must no later than 28 days from the...

      4. PART 4 Protection for Anglian Water Services Limited

        1. 37.For the protection of Anglian Water, the following provisions of...

        2. 38.In this part of this schedule— “Anglian Water” means Anglian...

        3. 39.The undertaker must not interfere with, build over or near...

        4. 40.The alteration, extension, removal or re-location of any Apparatus may...

        5. 41.In the situation, where in exercise of the powers conferred...

        6. 42.Regardless of any provision in this Order or anything shown...

        7. 43.If in consequence of the exercise of the powers conferred...

        8. 44.If in consequence of the exercise of the powers conferred...

        9. 45.If for any reason or in consequence of the construction...

        10. 46.Nothing in paragraph (9) above imposes any liability on the...

        11. 47.Any difference or dispute arising between the undertaker and Anglian...

      5. PART 5 Protection for National Grid as electricity and gas undertaker and National Grid Gas Distribution Limited as gas undertaker

        1. 48.Application

        2. 49.Interpretation

        3. 50.Apparatus of statutory undertakers in stopped up streets

        4. 51.Acquisition of land

        5. 52.Removal of apparatus

        6. 53.Facilities and rights for alternative apparatus

        7. 54.Retained apparatus protection: Gas Undertakers

        8. 55.Retained apparatus protection: Electricity Undertakers

        9. 56.Expenses

        10. 57.Indemnity

        11. 58.Enactments and agreements

        12. 59.Co-operation

        13. 60.Access

        14. 61.Arbitration

      6. PART 6 Protection for East Anglia ONE Offshore Wind Farm

        1. 62.Application

        2. 63.Interpretation

        3. 64.Apparatus of undertakers in stopped up streets

        4. 65.Acquisition of land

        5. 66.Removal of apparatus

        6. 67.Facilities and rights for alternative apparatus

        7. 68.Retained apparatus: protection: electricity undertakers

        8. 69.Expenses

        9. 70.Compensation

        10. 71.Enactments and agreements

        11. 72.Co-operation

        12. 73.Access

        13. 74.Arbitration

      7. PART 7 Protection for oil and gas licensees

        1. 75.Application

        2. 76.Interpretation

        3. 77.Proximity Agreement

        4. 78.Preparation of a Proximity Agreement must commence when the Undertaker...

        5. 79.Any such notice must be served within no less than...

        6. 80.In response to the notice the Licensee shall produce a...

        7. 81.Preparation of a Proximity Agreement must be concluded within 3...

        8. 82.If the Undertaker considers that the Plan of the Licensees’...

        9. 83.Paragraph 77 shall not apply if the plan of the...

        10. 84.The Proximity Agreement must be based on the Plan of...

        11. 85.Arbitration

        12. 86.Provision of information

        13. 87.Compensation

    9. SCHEDULE 9

      Hedgerows

      1. PART 1 Removal of hedgerows

      2. PART 2 Removal of important hedgerows

    10. SCHEDULE 10

      Deemed licence under the 2009 Act – generation assets (licence 1 – phase 1)

      1. PART 1 Licensed marine activities

        1. 1.(1) In this licence— “the 2004 Act” means the Energy...

        2. 2.Details of licensed marine activities

        3. 3.Such activities are authorised in relation to the construction, maintenance...

        4. 4.The substances or articles authorised for deposit at sea are—...

        5. 5.The grid coordinates for the authorised scheme are specified below—...

        6. 6.This licence remains in force until the authorised scheme has...

        7. 7.The provisions of section 72 of the 2009 Act apply...

        8. 8.With respect to any condition which requires the licensed activities...

        9. 9.Any amendments to or variations from the approved plans, protocols...

      2. PART 2 Conditions

        1. 1.Design parameters

        2. 2.(1) The total number of accommodation platforms forming part of...

        3. 3.The total length of the cables and the volume of...

        4. 4.(1) In relation to a wind turbine generator, each gravity...

        5. 5.(1) In relation to a meteorological mast, each gravity base...

        6. 6.The total amount of scour protection for the wind turbine...

        7. 7.Notifications and inspections

        8. 8.Aids to navigation

        9. 9.(1) The undertaker must colour all structures yellow (colour code...

        10. 10.Aviation safety

        11. 11.Chemicals, drilling and debris

        12. 12.Force majeure

        13. 13.Pre-construction plans and documentation

        14. 14.(1) Any archaeological reports produced in accordance with condition 13(1)(h)(iii)...

        15. 15.Reporting of engaged agents, contractors and vessels

        16. 16.Foundation restrictions

        17. 17.Pre-construction monitoring and surveys

        18. 18.Construction monitoring

        19. 19.Post construction

        20. 20.Reporting of impact pile driving/detonation of explosives

    11. SCHEDULE 11

      Deemed licence under the 2009 Act – generation assets (licence 2 – phase 2)

      1. PART 1 Licensed marine activities

        1. 1.(1) In this licence— “the 2004 Act” means the Energy...

        2. 2.Details of licensed marine activities

        3. 3.Such activities are authorised in relation to the construction, maintenance...

        4. 4.The substances or articles authorised for deposit at sea are—...

        5. 5.The grid coordinates for the authorised scheme are specified below—...

        6. 6.This licence remains in force until the authorised scheme has...

        7. 7.The provisions of section 72 of the 2009 Act apply...

        8. 8.With respect to any condition which requires the licensed activities...

        9. 9.Any amendments to or variations from the approved plans, protocols...

      2. PART 2 Conditions

        1. 1.Design parameters

        2. 2.(1) The total number of accommodation platforms forming part of...

        3. 3.The total length of the cables and the volume of...

        4. 4.(1) In relation to a wind turbine generator, each gravity...

        5. 5.(1) In relation to a meteorological mast, each gravity base...

        6. 6.The total amount of scour protection for the wind turbine...

        7. 7.Notifications and inspections

        8. 8.Aids to navigation

        9. 9.(1) The undertaker must colour all structures yellow (colour code...

        10. 10.Aviation safety

        11. 11.Chemicals, drilling and debris

        12. 12.Force majeure

        13. 13.Pre-construction plans and documentation

        14. 14.(1) Any archaeological reports produced in accordance with condition 13(1)(h)(iii)...

        15. 15.Reporting of engaged agents, contractors and vessels

        16. 16.Foundation restrictions

        17. 17.Pre-construction monitoring and surveys

        18. 18.Construction monitoring

        19. 19.Post construction

        20. 20.Reporting of impact pile driving/detonation of explosives

    12. SCHEDULE 12

      Deemed licence under the 2009 Act – transmission assets (licence 1 – phase 1)

      1. PART 1 Licensed marine activities

        1. 1.(1) In this licence— “the 2004 Act” means the Energy...

        2. 2.Details of licensed marine activities

        3. 3.Such activities are authorised in relation to the construction, maintenance...

        4. 4.The substances or articles authorised for deposit at sea are—...

        5. 5.The grid coordinates for the authorised scheme are specified below—...

        6. 6.This licence remains in force until the authorised scheme has...

        7. 7.The provisions of section 72 of the 2009 Act apply...

        8. 8.With respect to any condition which requires the licensed activities...

        9. 9.Any amendments to or variations from the approved plans, protocols...

      2. PART 2 Conditions

        1. 1.Design parameters

        2. 2.Offshore platforms forming part of the authorised scheme must not...

        3. 3.In the event that driven or part-driven pile foundations are...

        4. 4.(1) The total number of offshore electrical stations forming part...

        5. 5.The total length of the cables and the volume of...

        6. 6.The total amount of scour protection for the offshore electrical...

        7. 7.Notifications and inspections

        8. 8.Aids to navigation

        9. 9.The undertaker must colour all structures yellow (colour code RAL...

        10. 10.Aviation safety

        11. 11.Chemicals, drilling and debris

        12. 12.Force majeure

        13. 13.Pre-construction plans and documentation

        14. 14.(1) Any archaeological reports produced in accordance with condition 13(1)(h)(iii)...

        15. 15.Reporting of engaged agents, contractors and vessels

        16. 16.Foundation restrictions

        17. 17.Pre-construction monitoring and surveys

        18. 18.Construction monitoring

        19. 19.Post construction

        20. 20.Reporting of impact pile driving/detonation of explosives

    13. SCHEDULE 13

      Deemed licence under the 2009 Act – transmission assets (licence 2 – phase 2)

      1. PART 1 Licensed marine activities

        1. 1.(1) In this licence— “the 2004 Act” means the Energy...

        2. 2.Details of licensed marine activities

        3. 3.Such activities are authorised in relation to the construction, maintenance...

        4. 4.The substances or articles authorised for deposit at sea are—...

        5. 5.The grid coordinates for the authorised scheme are specified below—...

        6. 6.This licence remains in force until the authorised scheme has...

        7. 7.The provisions of section 72 of the 2009 Act apply...

        8. 8.With respect to any condition which requires the licensed activities...

        9. 9.Any amendments to or variations from the approved plans, protocols...

      2. PART 2 Conditions

        1. 1.Design parameters

        2. 2.Offshore platforms forming part of the authorised scheme must not...

        3. 3.In the event that driven or part-driven pile foundations are...

        4. 4.(1) The total number of offshore electrical stations forming part...

        5. 5.The total length of the cables and the volume of...

        6. 6.The total amount of scour protection for the offshore electrical...

        7. 7.Notifications and inspections

        8. 8.Aids to navigation

        9. 9.The undertaker must colour all structures yellow (colour code RAL...

        10. 10.Aviation safety

        11. 11.Chemicals, drilling and debris

        12. 12.Force majeure

        13. 13.Pre-construction plans and documentation

        14. 14.(1) Any archaeological reports produced in accordance with condition 13(1)(h)(iii)...

        15. 15.Reporting of engaged agents, contractors and vessels

        16. 16.Foundation restrictions

        17. 17.Pre-construction monitoring and surveys

        18. 18.Construction monitoring

        19. 19.Post construction

        20. 20.Reporting of impact pile driving/detonation of explosives

    14. SCHEDULE 14

      Deemed licence under the 2009 Act – interconnection (licence 1 – phase 1)

      1. PART 1 Licensed marine activities

        1. 1.(1) In this licence— “the 2004 Act” means the Energy...

        2. 2.Details of licensed marine activities

        3. 3.Such activities are authorised in relation to the construction, maintenance...

        4. 4.The substances or articles authorised for deposit at sea are—...

        5. 5.The grid coordinates for the authorised scheme are specified below—...

        6. 6.This licence remains in force until the authorised scheme has...

        7. 7.The provisions of section 72 of the 2009 Act apply...

        8. 8.With respect to any condition which requires the licensed activities...

        9. 9.Any amendments to or variations from the approved plans, protocols...

      2. PART 2 Conditions

        1. 1.Design parameters

        2. 2.Notifications and inspections

        3. 3.Aids to navigation

        4. 4.(1) Unless otherwise agreed in writing by the MMO all...

        5. 5.Force majeure

        6. 6.Pre-construction plans and documentation

        7. 7.(1) Any archaeological reports produced in accordance with condition 6(1)(g)(iii)...

        8. 8.Reporting of engaged agents, contractors and vessels

        9. 9.Pre-construction monitoring and surveys

        10. 10.Construction monitoring

        11. 11.Post construction

        12. 12.Coordination with East Anglia ONE Offshore Wind Farm

    15. SCHEDULE 15

      Deemed licence under the 2009 Act – interconnection (licence 2 – phase 2)

      1. PART 1 Licensed marine activities

        1. 1.(1) In this licence— “the 2004 Act” means the Energy...

        2. 2.Details of licensed marine activities

        3. 3.Such activities are authorised in relation to the construction, maintenance...

        4. 4.The substances or articles authorised for deposit at sea are—...

        5. 5.The grid coordinates for the authorised scheme are specified below—...

        6. 6.This licence remains in force until the authorised scheme has...

        7. 7.The provisions of section 72 of the 2009 Act apply...

        8. 8.With respect to any condition which requires the licensed activities...

        9. 9.Any amendments to or variations from the approved plans, protocols...

      2. PART 2 Conditions

        1. 1.Design parameters

        2. 2.Notifications and inspections

        3. 3.Aids to navigation

        4. 4.Chemicals, drilling and debris

        5. 5.Force majeure

        6. 6.Pre-construction plans and documentation

        7. 7.(1) Any archaeological reports produced in accordance with condition 6(1)(g)(iii)...

        8. 8.Reporting of engaged agents, contractors and vessels

        9. 9.Pre-construction monitoring and surveys

        10. 10.Construction monitoring

        11. 11.Post construction

        12. 12.Coordination with East Anglia ONE Offshore Wind Farm

  11. Explanatory Note

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