Protection of navigation and air traffic and control of noise
Tidal works not to be executed without approval of the Secretary of State
8. (1) A tidal work must not be constructed or altered, except in accordance with plans and sections approved by the Secretary of State before the work is begun.
(2) If a tidal work is constructed or altered in contravention of this article or any condition or restriction imposed under this article—
(a)the Secretary of State may by notice in writing require the undertaker at its own expense to remove the tidal work or any part of it and restore the site to its former condition; and
(b)if it appears to the Secretary of State urgently necessary so to do, the Secretary of State may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing will be recoverable from the undertaker.
Provision against danger to navigation
9. In case of injury to, or destruction or decay of, a tidal work or any part thereof, the undertaker must, as soon as reasonably practicable, notify Trinity House and lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.
Abatement of works abandoned or decayed
10. (1) Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the undertaker at its own expense either to repair and restore the work or any part of it, or to remove the work and restore the site of the work to its former condition, to such an extent and within such limits as the Secretary of State may specify in the notice.
(2) Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion of it, in any notice under this article.
(3) This article does not apply to any decommissioning of the authorised works in accordance with a decommissioning plan agreed with the Crown Estate Commissioners or approved by the National Assembly under any condition imposed in a licence granted under section 5 of the Food and Environment Protection Act 1985(1).
Survey of tidal works
11. (1) The Secretary of State may at any time, if the Secretary of State deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work; and any expenditure incurred by the Secretary of State in any such survey and examination will be recoverable from the undertaker.
(2) Subject to paragraph (3), such surveys must not be ordered more frequently than once a year; and before ordering such a survey—
(a)the Secretary of State must consult the undertaker in order to establish what relevant survey information is already available; and
(b)give the undertaker an opportunity to carry out the survey itself.
(3) Paragraph (2) does not apply in an emergency.
Permanent lights, navigational safety aids and colour
12. (1) After the completion of the tidal works, the undertaker must exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.
(2) The undertaker must exhibit every night from sunset to sunrise lights for the prevention of danger to aircraft, of a shape, colour and character as directed by the Civil Aviation Authority.
(3) Unless the National Assembly otherwise directs, the undertaker must ensure that so much of any wind turbine as is above the level up to which Trinity House direct colouring for navigational safety reasons, and all nacelles and blades, are painted light grey.
Lights on tidal works during construction
13. The undertaker must at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying, reconstruction or extension of the work exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.
Active safety management system
14. (1) The wind turbines must be operated in accordance with an active safety management system for the purpose of minimising the risk of vessels colliding with the towers or rotating blades of the wind turbines and to facilitate search and rescue activities.
(2) The details of the active safety management system must be approved by the Maritime and Coastguard Agency, but the system must include—
(a)provision for each wind turbine to be marked by day and night with clearly visible identification systems;
(b)provision for communication procedures between mariners in distress, the Maritime and Coastguard Agency and the central control room for the operation of the wind turbines when a vessel is in distress;
(c)provision for the immediate shutting down of one or more of the wind turbines at the request of the Maritime and Coastguard Agency in a position which secures the maximum clearance between the lowest point of the blades and the water level; and
(d)provision for testing the emergency procedures at times and in a manner reasonably required by the Maritime and Coastguard Agency.
Construction and operational noise
15. (1) Unless otherwise approved in writing by the National Assembly, the undertaker must—
(a)comply with British Standard 5228 (Noise and Vibration Control on Construction and Open Sites) Parts 1 and 2: 1997 and Part 4: 1992 in respect of all relevant activities carried out during the construction, maintenance or decommissioning of the authorised works; and
(b)ensure that the maximum levels of noise to be generated by such activities does not exceed at the facade of any noise sensitive receptor—
(i)between 23.00 hours and 07.00 hours: a level of 50 dB LAeq, 8 hour nor an LAFmax level of 60 dB; and
(ii)between 07.00 hours and 23.00 hours: a level of 75 dB LAeq, 1 hour.
(2) Unless otherwise approved in writing by the National Assembly, the undertaker must ensure that the rating level of noise emissions generated by the operation of the wind turbines does not exceed 35dB LA90, when measured in accordance with the guidance contained in “The Assessment and Rating of Noise from Wind Farms” (ETSU-R-1997), in free field conditions at a point 1.2 metres above ground level at any noise sensitive receptor, at wind speeds of up to 10 metres per second measured at a height of 10 metres above the level of high water within the wind farm site.
(3) In this article—
“relevant activities” (“gweithgareddau perthnasol”) means any activities carried out in an area outside the jurisdiction of a local authority under Part III of the Control of Pollution Act 1974(2);
“noise sensitive receptor” (“derbynnydd sy'n sensitif i sŵ n”) means any existing habitable dwelling or any hospital, school or rest home.
Execution by Secretary of State of works in default
16. If, on the expiration of 30 days from the date when a notice under article 8(2)(a) or 10(1) is served upon the undertaker it has failed, without reasonable excuse, to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by the Secretary of State in so doing will be recoverable from the undertaker.
17. If the undertaker, without reasonable excuse, fails to—
(a)comply with a direction given under article 9, 12(1) or (2) or 13;
(b)comply with the requirements of article 12(3) or 15;
(c)give notification as required by article 9; or
(d)operate the wind turbines in accordance with article 14,
it will be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.