The North Blyth Biomass Power Station Order 2013

Article 27

SCHEDULE 4Deemed licence under the Marine and Coastal Access Act 2009

PART 1Licensed marine activities

Interpretation

1.—(1) In this Schedule—

“the 2008 Act” means the Planning Act 2008(1);

“the authorised development” means the development and associated development described in Schedule 1 to the Order (authorised development) and any other development authorised by the Order, which is development within the meaning of section 32 of the 2008 Act;

“code of construction practice” means a code of construction practice agreed by the relevant planning authority prior to commencement of the authorised development;

“commence” means the first carrying out of any part of the licensed activities and commencement and commenced shall be defined accordingly;

“Commission” means the Blyth Harbour Commission;

“conditions” means conditions contained in this Schedule;

“the Environment Agency” means the body established under the Environment Act 1995(2) or any successor to its statutory functions;

“the environmental statement” means the environmental statement submitted by the undertaker with the application and certified as the environmental statement by the Secretary of State for the purposes of the Order;

“the Health and Safety Executive” means the body established under section 10 of the Health and Safety at Work etc. Act 1974(3) or any successor to its statutory functions or other authority performing, carrying out or having the same regulatory functions as the HSE at the date of this licence;

“the Hydrographic Office” means the Hydrographic Office of the Ministry of Defence, Taunton, Somerset TA1 2DN;

“licensed activities” means the activities below MHWS forming part of the authorised development and specified in paragraph 2 of Part 1 of this Schedule;

“MHWS” or “mean high water springs” means the average of high water heights occurring at the time of spring tides;

“the Marine Management Organisation” or “MMO” means the body of that name created under the Marine and Coastal Access Act 2009 or any successor to its statutory functions;

“notice to mariners” includes any notice to mariners which may be issued by the Admiralty, Trinity House, Queen’s harbourmasters, government departments and harbour and pilotage authorities;

“the Order” means the North Blyth Biomass Power Station Order 2013;

“relevant planning authority” means Northumberland County Council as planning authority for the area in which the land to which the provisions of the Order apply is situated and any successor to its statutory function as planning authority for the area in which the authorised development is located;

“sea bed” means the ground under the sea;

“Trinity House” means the Corporation of Trinity House of Deptford Strond or any successor to its statutory functions;

“the undertaker” means subject to article 7(2) of the Order, North Blyth Energy Limited;

“the works plan” means the works plan submitted with the application (APP7) and certified as the works plan by the Secretary of State for the purposes of the Order.

(2) A reference to any statute, order, regulation or similar instrument shall be construed as a reference to the statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(3) Unless otherwise indicated—

(a)all times shall be taken to be Greenwich Mean Time (“GMT”); and

(b)all geographical co-ordinates contained within this Schedule shall be taken to be latitude and longitude degrees and minutes to three decimal places unless otherwise stated.

(4) References in this Schedule to numbered “Works” are to the works with those numbers in Schedule 1 to the Order and shown on the works plan.

(5) Except where otherwise notified in writing by the MMO, the primary point of contact with the MMO and the address for email and postal returns and correspondence shall be—

(6) Any references to the local MMO Officer shall mean the relevant officer in the area(s) located at—

(7) To the extent that the licensed activities amount to the construction, improvement or alteration of works, the conditions contained in Part 2 shall bind any other person who for the time being owns, occupies or enjoys the use of the licensed activities so constructed, altered or improved (whether or not this licence is transferred to that other person).

Details of licensed activities

2.—(1) The undertaker is authorised (and any agent, contractor or subcontractor acting on their behalf) to carry out the licensed activities, comprising the construction of works in or over the sea and/or on or under the sea bed specified in sub-paragraph (2) together with the deposit of any substances and objects in or over the sea and/or on or under the sea bed in carrying out such construction of works.

(2) Such activities are authorised in relation to the construction and operation of an electricity generating station located on the eastern side of Battleship Wharf, Port of Blyth with a nominal gross electrical output capacity of 99.9 MWe fuelled by biomass, more fully described in Schedule 1 to the Order.

(3) The construction of works in or over the sea and/or on or under the sea bed authorised are—

(a)a cooling water intake system in the estuary of the River Blyth under Berth 4 of the Commission’s Battleship Wharf at 55°08′19.689″N 001°31′04.197″W as part of Work No. 1(u) described in Schedule 1 to the Order and consisting of a screened water intake, connecting to an underground pumping chamber and underground pipe running east from the estuary of the River Blyth together with associated temporary placement of netting in the intertidal area;

(b)up to two cooling water outfall pipes running underground under the foreshore and sea bed at 55°08′16.855″N 001°30′51.124″W and under the rock outcrop known as the Rockers and including the construction of a diffuser and foundation on the sea bed at 55°08′37.307″N 001°29′56.825″W all as part of Work Nos. 1(v) and (w) described in Schedule 1 to the Order together with associated removal of silts and other sediments from the sea bed by diver using a mechanical vacuum to remove silt and sediment to a vessel, marine structure or floating container;

(c)installation and maintenance of an aid to navigation at 55°08′37.307″N 001°29′56.825″W to indicate the location of the diffuser to vessels as part of the associated development described in Schedule 1 to the Order; and

(d)works to strengthen the river wall in the estuary of the River Blyth at 55°08′06.712″N 001°30′46.786″W by the installation of a new bored pile wall on the landward side of the existing river wall together with related works as part of Work No. 2 described in Schedule 1 to the Order.

PART 2Conditions applying to licensed activities

General conditions

Notification of commencement and completion

1.—(1) The undertaker shall notify the MMO—

(a)of its acceptance of the conditions contained in this Part 2 not less than 5 working days prior to commencement of the licensed activities or any part of them;

(b)of its intention to commence the licensed activities not less than 5 working days prior to commencement of the licensed activities or any part of them; and

(c)of completion of the authorised development within 10 working days of such completion having occurred.

(2) Not less than 5 working days prior to commencement of the relevant licensed activities the undertaker shall notify the MMO of any agents, contractors or subcontractors proposed to carry out the licensed activities on behalf of the undertaker and those persons notified to the MMO shall provide written confirmation to the MMO confirming their understanding of the terms and requirements of this Schedule and any subsequent amendments or revisions to it issued from time to time.

(3) Not less than 24 hours prior to commencement of the relevant licensed activities the undertaker shall notify the MMO of any vessel (including the vessel type, vessel IMO number and vessel owner or operating company) proposed to be used to carry out the licensed activities on behalf of the undertaker and the Masters of the vessels notified to the MMO shall provide written confirmation to the MMO that a copy of the Order is held upon the vessel and confirming their understanding of the terms and requirements of this Schedule and any subsequent amendments or revisions to it.

Project wide conditions

2.—(1) The licensed activities shall not commence until a marine pollution contingency plan, including details of how in the case of accidental spillage or other pollution event impacts on the marine environment will be minimised, has been submitted to and approved in writing by the MMO. Following approval, the undertaker shall implement the marine pollution contingency plan as approved. The undertaker shall report as soon as reasonably practicable any oil, fuel or chemical spill within the marine environment to the MMO, Marine Pollution Response Team—

(2) The undertaker shall install bunding and/or storage facilities to contain and prevent the release of fuels, oils and chemicals associated with the plant, refuelling and construction equipment into the marine environment, and any secondary containment used shall have a capacity of not less than 110% of the containers storage capacity.

(3) The undertaker shall ensure that a local notice to mariners is issued at least two weeks prior to the commencement of the licensed activities advising local mariners and fishermen’s organisations of the start date and any expected vessel routes to the offshore construction site and shall notify the MMO once issued.

(4) The undertaker shall notify the Source Data Receipt Team, the Hydrographic Office, Taunton, Somerset, TA1 2DN (email: hdcfiles@ukho.gov.uk; tel: 01823 337900) at least two weeks prior to the commencement of works and of the progress and completion of the authorised development for the promulgation of maritime safety information and for all necessary amendments to nautical charts and publications to be made.

(5) No chemicals shall be used in the construction of the licensed activities other than those included in the list of notified chemicals assessed for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002(4) or as may otherwise previously have been certified in writing by the MMO as having been assessed to an equivalent level of toxicological hazard and risk assessment.

(6) All protective coatings/treatments used in the construction of the licensed activities shall be suitable for use in the marine environment and, where necessary, approved by the Health and Safety Executive or in accordance with the Environment Agency Pollution Prevention Control Guidelines. The use of such coatings/treatments shall accord with best environmental practice.

(7) Not less than two months prior to commencement of the relevant licensed activity the undertaker shall submit for approval by the MMO a construction method statement for the relevant activity and the scope of such method statement shall be agreed with the MMO prior to submission and shall fully reflect the construction methods assessed in the environmental statement. The relevant licensed activity shall not commence until the method statement for the relevant activity has been approved in writing by the MMO and following approval, the undertaker shall carry out the relevant licensed activity in accordance with the approved method statement. The method statement shall include provision that the construction of a diffuser and foundation on the sea bed comprising part of the licensed activities described in paragraph 2(2)(b) of Part 1 of this Schedule shall not be carried out during the period 1 April to 30 September in any calendar year.

(8) The undertaker shall ensure that any equipment, temporary structures, waste and/or debris associated with the construction of any licensed activities are removed within six weeks of completion of construction of the licensed activities.

(9) No waste concrete slurry or wash water from concrete or cement works shall be discharged into the marine environment and any concrete and cement mixing and washing areas shall be contained and sited at least 10 metres away from any watercourse or surface water drain.

(10) The licensed activities shall not commence until a marine construction and environmental management plan (“MCEMP”) relating to construction of the licensed activities referred to at paragraph 2 of Part 1 of this Schedule, and drafted in accordance with the principles set out in Chapter 4 of the environmental statement and the code of construction practice has been submitted to and approved in writing by the MMO. The MCEMP shall include a written ecological management plan reflecting the ecological mitigation and enhancement measures included in the environmental statement; details regarding construction noise and vibration management; safety measures and details regarding water management (surface water and ground water). The undertaker shall undertake all remediation, construction and commissioning works and all operation and maintenance works of the licensed activities in accordance with the approved MCEMP. During construction of the licensed activities the undertaker shall submit environmental monitoring reports to the MMO in accordance with the approved MCEMP.

(11) No part of the licensed activities shall commence until the undertaker has submitted to the MMO, and the MMO has approved, written details of any external lighting to be installed at any location of the licensed activities, including measures to prevent light spillage. The approved external lighting shall be installed and maintained for the duration of the licensed activities construction period.

Activity specific conditions

3.—(1) No part of the licensed activities shall commence until (following consultation with the Environment Agency) full details of a scheme for minimising the impact of the water intake system within the River Blyth Estuary on the aquatic environment have been submitted to and approved in writing by the MMO. The submitted scheme shall include—

(a)details of how the water intake system will be protected by a wedge-wire screen with a maximum of 3 millimetres spacing or equivalent system;

(b)details of how the water intake system will minimise the approach velocity of water to the wedge-wired screen or other equivalent system;

(c)details of the concentration of biocides in the water intake system or other equivalent system and how they will be monitored and controlled;

(d)proposals for implementing the scheme in advance of the commencement of commercial operations; and

(e)proposals for monitoring and reporting on the effectiveness of the scheme and, in the event that the scheme does not perform as predicted, a process for any necessary remedial action being approved by the MMO and thereafter implemented within a stated timescale following such approval.

The undertaker shall implement the scheme as approved.

(2) Netting to prevent construction materials/demolition arisings falling into the intertidal mudflats shall be erected prior to and maintained during breaking through of the quay wall into the Blyth Estuary.

(3) The cooling water outfall pipe described as Work No. 1(v) in Schedule 1 to the Order shall only be operated in conjunction with the diffuser described as Work No. 1(w) in Schedule 1 to the Order.

(4) During construction of the cooling water outfall diffuser and foundation spud legs shall be lowered only within the hour before or after the turn of low tide.

(5) The undertaker shall use only marine specification concrete and underwater concreting techniques in the construction of the cooling water outfall diffuser and foundation.

(6) The undertaker shall—

(a)mark and light the licensed activities (including any temporary construction works comprised in the licensed activities) as required by Trinity House, as the MMO directs;

(b)mark the diffuser with an aid to navigation comprising of a yellow pile with a yellow ‘X’ shaped topmark and a Fl (2) Y 10s light or as otherwise required by Trinity House, as the MMO directs;

(c)at all times maintain any aids to navigation to the reasonable satisfaction of Trinity House.

(7) No works for or associated with the construction of the cooling water intake system or with the strengthening of the river wall shall be carried out save in accordance with a silt mitigation scheme which has previously been approved in writing by the MMO. The said scheme shall provide for silt curtains or other effective mechanisms designed to protect the River Blyth Estuary from silt during construction of the said works and for a period of not less than seven days after each of the said works is completed.