7. Any oil, fuel or chemical spill within the marine environment must be reported to the MMO Marine Pollution Response Team within 12 hours of being identified in accordance with the following—
(a)within office hours: 0300 200 2024;
(b)outside office hours: 07770 977 825; or
(c)at all times if other numbers are unavailable: 0845 051 8486 or dispersants@marinemanagement.org.uk.
Commencement Information
I1Sch. 13 para. 7 in force at 29.12.2022, see art. 1
8.—(1) The undertaker must ensure that—
(a)a copy of this licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to—
(i)all agents and contractors notified to the MMO in accordance with condition 12 and
(ii)the masters responsible for the vessels notified to the MMO in accordance with condition 13.
(2) Only those persons and vessels notified to the MMO in accordance with condition 12 and 13 are permitted to carry out the licensed activities.
(3) Copies of this licence must also be available for inspection at the following locations—
(a)the undertaker’s registered address;
(b)any site office located at or adjacent to the construction site and used by the licence holder or its agents and contractors responsible for the loading, transportation or deposit of the authorised deposits; and
(c)on board each vessel or at the office with responsibility for vessels from which authorised deposits or removals are to be made.
(4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an enforcement officer at the locations set out in sub-paragraph (3)(b) above.
(5) The undertaker must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during construction and operation of the authorised development.
(6) A notice to mariners must be issued at least 14 days prior to the commencement of the licensed activities or any part of them advising of the start date of those activities and the expected vessel routes from the construction ports to the relevant location. Copies of all notices must be provided to the MMO, TH, MCA and United Kingdom Hydrographic Office within 24 hours of issue.
(7) The undertaker must notify the United Kingdom Hydrographic Office of the commencement (within ten days), progress and completion of construction (within ten days) of the licensed activities in order that all necessary amendments to nautical charts are made and the undertaker must send a copy of such notifications to the MMO within 24 hours of issue.
Commencement Information
I2Sch. 13 para. 8 in force at 29.12.2022, see art. 1
9. Not later than 8 weeks prior to the proposed commencement of licences activities the undertaker must submit to the MCA and the MMO for review and approval in writing by the MMO the CEMP covering the period of construction to include details of—
(a)a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents of the authorised development in relation to all activities to be carried out;
(b)a biosecurity plan detailing how risk of the introduction and spread of invasive non-native species will be minimised; and
(c)waste management and disposal arrangements.
The authorised development must be undertaken in accordance with the CEMP, unless otherwise agreed in writing by the MMO.
Commencement Information
I3Sch. 13 para. 9 in force at 29.12.2022, see art. 1
10.—(1) The undertaker must submit a marine method statement (MMS) to the MMO no later than 8 weeks prior to the proposed commencement of the licensed activities for its written approval. The MMS is to include details of—
(a)any proposed refurbishment and/or construction activities;
(b)if a cofferdam is proposed to be constructed as part of Work No. 4B, the cofferdam installation technique and piling methodology;
(c)any construction works at the intake, including the level or refurbishment or replacement works required;
(d)an indicative programme for the completion of the licensed activities; and
(e)the details of engagement undertaken with ABP Humber, as the appropriate navigational authority. This must include the design of the cofferdam and any measures which will be installed around the toe of the cofferdam to manage risk of shoaling, if necessary. It must also include details of any specification demarcation or lighting requests, as directed by ABP Humber.
(2) The licensed activities must not commence until written approval of the MMS is provided by the MMO.
(3) All licensed activities must be undertaken in accordance with the approved MMS.
(4) The MMS may be amended from time to time subject to the approval in writing of the MMO.
Commencement Information
I4Sch. 13 para. 10 in force at 29.12.2022, see art. 1
11. The undertaker must complete pre-works bathymetry of the areas specified in Part 2, paragraph 5, before the commencement of works. The results of pre-works bathymetry must be shared with ABP Humber, as the appropriate navigational authority and the MMO.
Commencement Information
I5Sch. 13 para. 11 in force at 29.12.2022, see art. 1
12. The undertaker must notify the MMO in writing of any agents, contractors or subcontractors that will carry on any licensed activity listed in this licence on behalf of the undertaker this must include the name, address, company number (if applicable) and role. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity and any change to a notified agent, contractor or subcontractors must be updated and notified to the MMO accordingly.
Commencement Information
I6Sch. 13 para. 12 in force at 29.12.2022, see art. 1
13. The undertaker must notify the MMO in writing of any vessel being used to carry on any licensed activity listed in this licence on behalf of the undertaker. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity. Notification must include the master’s name, vessel type, vessel IMO number and vessel owner or operating company.
Commencement Information
I7Sch. 13 para. 13 in force at 29.12.2022, see art. 1
14. The undertaker must ensure that any coatings and treatments used are suitable for use in the marine area and are used in accordance with either guidelines approved by the Health and Safety Executive or the Environment Agency Pollution prevention for businesses guidelines.
Commencement Information
I8Sch. 13 para. 14 in force at 29.12.2022, see art. 1
15. The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment including bunding of 110% of the total volume of all reservoirs and containers.
Commencement Information
I9Sch. 13 para. 15 in force at 29.12.2022, see art. 1
16. The undertaker must not discharge waste concrete slurry or wash water from concrete or cement into the river. The undertaker must site concrete and cement mixing and washing areas at least 10 metres from the river or surface water drain to minimise the risk of run off entering the river. If concrete is to be sprayed, suitable protective sheeting must be provided to prevent rebounded or windblown concrete from entering the marine environment. Rebounded material must be cleared away before the sheeting is removed.
Commencement Information
I10Sch. 13 para. 16 in force at 29.12.2022, see art. 1
17. During licensed activities all wastes must be stored in designated areas that are isolated from surface water drains, open water and bunded to contain any spillage.
Commencement Information
I11Sch. 13 para. 17 in force at 29.12.2022, see art. 1
18.—(1) Vibratory piling must be used as standard, with percussive piling only used if required to drive a pile to its design depth and where drill or vibratory piling has been unsuccessful. If percussive piling is necessary, soft-start procedures must be used to ensure incremental increase in pile power over a set time period until full operational power is achieved.
(2) The soft-start duration must be a period of not less than twenty minutes.
(3) Should piling cease for a period greater than ten minutes, then the soft start procedure must be repeated.
Commencement Information
I12Sch. 13 para. 18 in force at 29.12.2022, see art. 1
19. Piling must not be undertaken between 01 September and 31 November, inclusive, in order to minimize any potential effects on the upstream migration of adult Salmon during their most sensitive migratory period and on wintering birds. Piling will be restricted between 0700 and 1900 hours.
Commencement Information
I13Sch. 13 para. 19 in force at 29.12.2022, see art. 1
20. The undertaker must comply with the lighting, hazard marking and demarcation requirements of ABP Humber, as the appropriate navigational authority.
Commencement Information
I14Sch. 13 para. 20 in force at 29.12.2022, see art. 1
21. The undertaker must ensure any rock material used in the construction of the authorised development is from a recognised source, free from contaminants and containing minimal fines.
Commencement Information
I15Sch. 13 para. 21 in force at 29.12.2022, see art. 1
22. In the event that any rock or stone material is misplaced or lost below MHWS, the undertaker must report the loss to the Local Enforcement Office within 48 hours of becoming aware and if the MMO reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the MMO must notify the undertaker and the undertaker must use reasonable endeavours to locate the material and recover it. In that event, the undertaker must demonstrate to the MMO that reasonable attempts have been made to locate, remove or move any such material.
Commencement Information
I16Sch. 13 para. 22 in force at 29.12.2022, see art. 1
23.—(1) The undertaker must report all dropped objects to the MMO using the Marine Licence Dropped Incident Report (MLDIR) as soon as reasonably practicable and in any event within 24 hours of becoming aware of an incident.
(2) On receipt of the MLDIR, the MMO may require, acting reasonably, the undertaker to carry out relevant surveys directly related to such MLDIR and where there is a need to remedy any effect related to the MLDIR. The undertaker must carry out surveys at its own expense in accordance with the MMO’s reasonable requirements and must report the results of such survey results to the MMO.
(3) On receipt of such survey results the MMO may, acting reasonably, require the undertaker to remove specific obstructions from the riverbed. The undertaker must carry out removal of specific obstructions from the riverbed in accordance with the MMO’s reasonable requirements and at its own expense.
Commencement Information
I17Sch. 13 para. 23 in force at 29.12.2022, see art. 1
24. The undertaker must ensure that any equipment, temporary structures, waste and debris 2associated with the licensed activities are removed within six weeks of completion of the licensed activity.
Commencement Information
I18Sch. 13 para. 24 in force at 29.12.2022, see art. 1
25. The undertaker must ensure that the MMO Local Enforcement Office is notified of the completion of the licensed activities and operations within ten days following the completion of the works.
Commencement Information
I19Sch. 13 para. 25 in force at 29.12.2022, see art. 1
26. The undertaker must complete post-works bathymetry of the areas specified in paragraph 5 of Part 2 of this licence, following the completion of the licensed activities. The results of post-works bathymetry must be shared with ABP Humber, as the appropriate navigational authority and with the MMO.
Commencement Information
I20Sch. 13 para. 26 in force at 29.12.2022, see art. 1
27. The MMO must determine an application for discharge of a condition as soon as 2reasonably practicable and in any event within a period of three months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker.
Commencement Information
I21Sch. 13 para. 27 in force at 29.12.2022, see art. 1