The Lynn Offshore Wind Farm Order 2003

Abatement of authorised works abandoned or decayed

8.—(1) Where the authorised works are abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Company at its own expense either to repair and restore the authorised works or any part thereof, or to remove the work and restore the site to its former condition, to such an extent and within such limits as may be specified in the notice.

(2) If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, it has failed to comply with the requirements of the notice, the Secretary of State may execute the work specified in the notice and any expenditure incurred by her in so doing shall be recoverable from the Company.

(3) (a) The Company shall remove from the site any individual turbine which ceases to generate electricity for more than 6 months unless such cessation is due to maintenance, repair or replacement or the Secretary of State has given prior written approval to the turbine remaining on the site.

(b) At least 3 months before the scheduled works cease to generate electricity or the termination of the Crown Estate Lease (without a new lease being granted), whichever is the sooner, there shall be submitted to, approved in writing by, and deposited with the Secretary of State a decommissioning plan for the removal of the scheduled works, and the restoration and aftercare of the site having regard to minimising the environmental impact. Such a plan shall include a timetable for the removal, restoration and aftercare of the scheduled works and take into account any applicable legislative requirements, technology and best practice at the time of decommissioning.

(c) Unless otherwise agreed with the Secretary of State the Company shall, following the approval of the decommissioning plan pursuant to the timetable specified in paragraph (b), arrange for the scheduled works to be decommissioned and the site restored in accordance with the plan, and within one month of completion of the work, provide the Secretary of State with written confirmation that it has been completed.

(d) Unless otherwise agreed with the Secretary of State, within 6 months of completion of the decommissioning of the scheduled works pursuant to paragraph (c) the Company shall report on the aftercare of the site pursuant to the timetable specified in paragraph (b), and at 6 monthly intervals thereafter until the completion of the aftercare period.

(e) If the Company ceases to operate the scheduled works without submitting a decommissioning plan pursuant to paragraph (b) the Secretary of State may take such steps as she considers fit to decommission the scheduled works and expenditure incurred in so doing shall be recoverable from the Company.