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The Hornsea One Offshore Wind Farm Order 2014

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

    1. 3.Development consent granted by the Order

    2. 4.Maintenance of authorised project

    3. 5.Operation of electricity generating stations

  4. PART 3

    1. 6.Street works

    2. 7.Application of the 1991 Act

    3. 8.Temporary stopping up of streets

    4. 9.Access to works

    5. 10.Agreements with street authorities

    6. 11.Highway improvements

  5. PART 4

    1. 12.Discharge of water

    2. 13.Authority to survey and investigate the land

  6. PART 5 etc.

    1. 14.Guarantees in respect of payment of compensation

    2. 15.Compulsory acquisition of land

    3. 16.Compulsory acquisition of rights

    4. 17.Time limit for exercise of authority to acquire land compulsorily

    5. 18.Private rights

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

    7. 20.Acquisition of subsoil or airspace only

    8. 21.Acquisition of part of certain properties

    9. 22.Rights under or over streets

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

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

    12. 25.Statutory undertakers

    13. 26.Recovery of costs of new connections

  7. PART 6

    1. 27.Felling or lopping of trees and the removal of hedgerows

    2. 28.Trees subject to tree preservation orders

  8. PART 7

    1. 29.Operational land for purposes of the 1990 Act

    2. 30.Disapplication of legislative provisions

    3. 31.Defence to proceedings in respect of statutory nuisance

    4. 32.Procedure in relation to approvals etc under requirements

    5. 33.Abatement of offshore works abandoned or decayed

    6. 34.Transfer of benefit of Order

    7. 35.Deemed marine licences under the Marine and Coastal Access Act 2009

    8. 36.Disapplication of constraints on works in the Humber

    9. 37.Saving for Trinity House

    10. 38.Crown Rights

    11. 39.Certification of plans etc

    12. 40.Protection of Interests

    13. 41.Arbitration

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      Authorised Project

      1. PART 1 Authorised development

        1. 1.The authorised development comprises the nationally significant infrastructure project as...

        2. 2.The nationally significant infrastructure project comprises two or, subject to...

        3. 3.Work No. 3 may not be constructed, in whole or...

        4. 4.The combined total of offshore accommodation platforms constructed in whole...

        5. 5.The associated development comprises the following scheduled works and the...

        6. 6.The associated development includes such further development as may be...

      2. PART 2 Ancillary works

      3. PART 3 Requirements

        1. 1.Time limits

        2. 2.Detailed design parameters

        3. 3.Colour and lighting

        4. 4.Foundation methods

        5. 5.Archaeology above mean low water level

        6. 6.Ecological management plan above mean low water level

        7. 7.Code of Construction Practice

        8. 8.Landscaping

        9. 9.Implementation and maintenance of landscaping

        10. 10.Decommissioning

        11. 11.Highway accesses

        12. 12.Contaminated land and groundwater

        13. 13.Surface water drainage

        14. 14.Colour and detailed design approval – electrical transmission station

        15. 15.Prohibited access

        16. 16.Port traffic management plan

        17. 17.Co-operation

        18. 18.Control of noise during operational phase

        19. 19.Employment and skills plan

        20. 20.North Coates airfield

        21. 21.Requirement for written approval

        22. 22.Amendments to approved details

    2. SCHEDULE 2

      Streets subject to street works

    3. SCHEDULE 3

      Streets 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. PART 1 Compensation enactments

        1. 1.The enactments for the time being in force with respect...

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

      2. PART 2 Application of the 1965 Act

        1. 1.(1) The 1965 Act has effect with the modifications necessary...

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

        3. 3.For section 8 of the 1965 Act (provisions as to...

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

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

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

        7. 7.Section 22 of the 1965 Act (interests omitted from purchase)...

    7. SCHEDULE 7

      Land of which temporary possession may be taken

      1. PART 1

      2. PART 2

    8. SCHEDULE 8

      Deemed Marine Licences under the Marine and Coastal Access Act 2009 – Deemed Marine Licence 1

      1. PART 1 Licensed marine activities

        1. 1.Interpretation

        2. 2.Details of licensed activities

        3. 3.Duration

      2. PART 2 Licence conditions

        1. 1.Design parameters

        2. 2.Any offshore accommodation platform forming part of Work No. 1...

        3. 3.The diameter of the electrical circuits comprising the electrical circuits...

        4. 4.The electrical circuits comprised in Work No. 1 must be...

        5. 5.(1) The licence-holder must in fixing to the seabed any...

        6. 6.Notifications and inspections

        7. 7.Aids to navigation

        8. 8.Provision against danger to navigation

        9. 9.Navigational Practice, Safety and Emergency Response

        10. 10.Colour and lighting

        11. 11.Chemicals, drilling and debris

        12. 12.Force majeure

        13. 13.Pre-construction plans and documentation

        14. 14.The licence-holder shall ensure that a copy of any agreed...

        15. 15.(1) Each programme, statement, plan, protocol or scheme required to...

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

        17. 17.Equipment and Operation of Vessels Engaged in Licensed Activities

        18. 18.Pre-construction monitoring and surveys

        19. 19.Construction monitoring

        20. 20.Post construction

        21. 21.Amendments to details

        22. 22.Offshore Decommissioning

    9. SCHEDULE 9

      Deemed Marine Licences under the Marine and Coastal Access Act 2009 – Deemed Marine Licence 2

      1. PART 1 Licensed marine activities

        1. 1.Interpretation

        2. 2.Details of licensed activities

        3. 3.Duration

      2. PART 2 Licence conditions

        1. 1.Design parameters

        2. 2.Any offshore accommodation platform forming part of Work No. 2...

        3. 3.The diameter of the electrical circuits comprising the electrical circuits...

        4. 4.The electrical circuits comprised in Work No. 2 must be...

        5. 5.(1) The licence-holder must in fixing to the seabed any...

        6. 6.Notifications and inspections

        7. 7.Aids to navigation

        8. 8.Provision against danger to navigation

        9. 9.Navigational Practice, Safety and Emergency Response

        10. 10.Colour and lighting

        11. 11.Chemicals, drilling and debris

        12. 12.Force majeure

        13. 13.Pre-construction plans and documentation

        14. 14.The licence-holder shall ensure that a copy of any agreed...

        15. 15.(1) Each programme, statement, plan, protocol or scheme required to...

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

        17. 17.Equipment and Operation of Vessels Engaged in Licensed Activities

        18. 18.Pre-construction monitoring and surveys

        19. 19.Construction monitoring

        20. 20.Post construction

        21. 21.Amendments to details

        22. 22.Offshore Decommissioning

    10. SCHEDULE 10

      Deemed Marine Licences under the Marine and Coastal Access Act 2009 – Deemed Marine Licence 3

      1. PART 1 Licensed marine activities

        1. 1.Interpretation

        2. 2.Details of licensed activities

        3. 3.Duration

      2. PART 2 Licence conditions

        1. 1.Design parameters

        2. 2.Any offshore accommodation platform forming part of Work No. 3...

        3. 3.The diameter of the electrical circuits comprising the electrical circuits...

        4. 4.The electrical circuits comprised in Work No. 3 must be...

        5. 5.(1) The licence-holder must in fixing to the seabed any...

        6. 6.Notifications and inspections

        7. 7.Aids to navigation

        8. 8.Provision against danger to navigation

        9. 9.Navigational Practice, Safety and Emergency Response

        10. 10.Colour and lighting

        11. 11.Chemicals, drilling and debris

        12. 12.Force majeure

        13. 13.Pre-construction plans and documentation

        14. 14.The licence-holder shall ensure that a copy of any agreed...

        15. 15.(1) Each programme, statement, plan, protocol or scheme required to...

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

        17. 17.Equipment and Operation of Vessels Engaged in Licensed Activities

        18. 18.Pre-construction monitoring and surveys

        19. 19.Construction monitoring

        20. 20.Post construction

        21. 21.Amendments to details

        22. 22.Offshore Decommissioning

    11. SCHEDULE 11

      Deemed Marine Licences under the Marine and Coastal Access Act 2009 – Deemed Marine Licence 4

      1. PART 1 Licensed marine activities

        1. 1.Interpretation

        2. 2.Details of licensed activities

        3. 3.Duration

      2. PART 2 Licence conditions

        1. 1.Design parameters

        2. 2.(1) The diameter of the electrical circuits comprising the electrical...

        3. 3.The electrical circuits comprised in Works Nos. 4 and 6...

        4. 4.The electrical circuits comprised in Work No. 7 must be...

        5. 5.(1) The licence-holder must in fixing to the seabed any...

        6. 6.Notifications and inspections

        7. 7.Aids to navigation

        8. 8.Provision against danger to navigation

        9. 9.Navigational Practice, Safety and Emergency Response

        10. 10.Colour and lighting

        11. 11.Chemicals, drilling and debris

        12. 12.Force majeure

        13. 13.Pre-construction plans and documentation

        14. 14.The licence-holder shall ensure that a copy of any agreed...

        15. 15.(1) Each programme, statement, plan, protocol or scheme required to...

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

        17. 17.Equipment and Operation of Vessels Engaged in Licensed Activities

        18. 18.Pre-construction monitoring and surveys

        19. 19.Construction monitoring

        20. 20.Post construction

        21. 21.Offshore Decommissioning

        22. 22.Restrictions in intertidal area and Humber Estuary Special Area of Conservation

        23. 23.Amendments to details

    12. SCHEDULE 12

      Protective provisions

      1. PART 1 Protection for Environment Agency and drainage authorities

        1. 1.(1) The following provisions apply for the protection of the...

        2. 2.(1) Before beginning to construct any specified work, the undertaker...

        3. 3.Without limiting the scope of paragraph 2, the requirements which...

        4. 4.(1) Subject to sub-paragraph (2), any specified work, and all...

        5. 5.(1) Subject to sub-paragraph (5) the undertaker must from the...

        6. 6.If by reason of the construction of any specified work...

        7. 7.The undertaker must indemnify the drainage authority in respect of...

        8. 8.(1) Without prejudice to the other provisions of this Part...

        9. 9.The fact that any work or thing has been executed...

        10. 10.Any dispute arising between the undertaker and the drainage authority...

      2. PART 2 Protection for Network Rail Infrastructure limited

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

        2. 12.In this Part of this Schedule— “construction” includes execution, placing,...

        3. 13.(1) Where under this Part of this Schedule Network Rail...

        4. 14.(1) The undertaker must not exercise the powers conferred by...

        5. 15.(1) The undertaker must before commencing construction of any specified...

        6. 16.(1) Any specified work and any protective works to be...

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

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

        9. 19.(1) If any permanent or temporary alterations or additions to...

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

        11. 21.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

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

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

        15. 25.(1) The undertaker must pay to Network Rail all reasonable...

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

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

        18. 28.Nothing in this Order, or in any enactment incorporated with...

        19. 29.The undertaker must give written notice to Network Rail where...

        20. 30.The undertaker must no later than 28 days from the...

      3. PART 3 Protection for operators of electronic communications code networks

        1. 31.(1) For the protection of any operator, the following provisions,...

        2. 32.Paragraph 23 of Schedule 2 to the Telecommunications Act 1984...

        3. 33.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 34.This Part of this Schedule does not apply to any...

      4. PART 4 For the protection of utility undertakers

        1. 35.For the protection of the utility undertakers referred to in...

        2. 36.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. 37.This Part of this Schedule does not apply to apparatus...

        4. 38.(1) Regardless of any provision in this Order or anything...

        5. 39.(1) If, in the exercise of the powers conferred by...

        6. 40.(1) Where, in accordance with the provisions of this Part...

        7. 41.(1) Not less than 28 days before starting the execution...

        8. 42.(1) If in consequence of the exercise of the powers...

        9. 43.(1) Subject to sub-paragraphs (2) and (3), if by reason...

      5. PART 5 For the protection of Associated British Ports

        1. 44.In this Part of this Schedule— “accumulation” means any accumulation...

        2. 45.For the protection of A. B. Ports the following provisions...

        3. 46.The undertaker must not under the powers of this Order...

        4. 47.(1) Before commencing the construction of the specified works the...

        5. 48.The undertaker must give to A. B. Ports not less...

        6. 49.The undertaker must at all reasonable times during construction of...

        7. 50.(1) After the purpose of any temporary works has been...

        8. 51.(1) If during the construction of the specified works it...

        9. 52.The undertaker must pay to A. B. Ports the reasonable...

        10. 53.(1) Without prejudice to the other provisions of this Part...

        11. 54.The fact that any work or thing has been executed...

        12. 55.With the exception of any duty owed by A. B....

        13. 56.Nothing in this Order affects prejudicially any statutory or other...

      6. PART 6 For the protection of Anglian Water Services limited

        1. 57.For the protection of Anglian Water, the following provisions shall,...

        2. 58.In this Part of this schedule— “Anglian Water” means Anglian...

        3. 59.This Part of this Schedule does not apply to apparatus...

        4. 60.(1) The undertaker must not execute any works that interfere...

        5. 61.The alteration, extension, removal or relocation of any apparatus shall...

        6. 62.If alternative apparatus or any part of such apparatus is...

        7. 63.Any alternative apparatus to be constructed in land of the...

        8. 64.In the situation, where in exercise of the powers conferred...

        9. 65.Regardless of any provision in the Order or anything shown...

        10. 66.If in consequence of the exercise of the powers conferred...

        11. 67.If in consequence of the exercise of the powers conferred...

        12. 68.If for any reason or in consequence of the construction...

        13. 69.The undertaker must repay Anglian Water the reasonable expenses incurred...

        14. 70.Nothing in paragraph 68 above shall impose any liability on...

        15. 71.Any difference or dispute arising between the undertaker and Anglian...

      7. PART 7 For the protection of Centrica plc

        1. 72.For the protection of Centrica the following provisions, unless otherwise...

        2. 73.In this Part of this Schedule— “access road” means the...

        3. 74.Before extinguishing any existing rights for Centrica to keep, inspect,...

        4. 75.(1) Save where paragraph 76 of this Part applies, no...

        5. 76.(1) If the undertaker acquires or overrides any interest in...

        6. 77.(1) Where, in accordance with the provisions of this Part...

        7. 78.If for any reason or in consequence of the construction...

        8. 79.The undertaker must use its best endeavours to co-ordinate the...

        9. 80.Regardless of any provision in this Order or anything shown...

      8. PART 8 For the protection of VPI Immingham LLP

        1. 81.In this Part of this Schedule— “VPI” means VPI Immingham...

        2. 82.No less than 28 days before commencing any part of...

        3. 83.No works comprising any part of the authorised development or...

        4. 84.Any approval of VPI required under paragraph 83 must not...

        5. 85.(1) Subject to sub-paragraphs (2) and (3) below, if, by...

      9. PART 9 For the protection of Phillips 66 limited

        1. 86.In this Part of this Schedule— “P66” means Phillips 66...

        2. 87.No less than 28 days before commencing any part of...

        3. 88.No works comprising any part of the authorised development or...

        4. 89.Any approval of P66 required under paragraph 88 must not...

        5. 90.(1) Subject to sub-paragraphs (2) and (3) below, if, by...

      10. PART 10 For the protection of C.GEN Killingholme limited

        1. 91.(1) The following provisions apply to govern the relationship between...

        2. 92.The undertaker must not under the powers of the Order...

        3. 93.(1) Subject to sub-paragraph (3), any specified work must be...

        4. 94.The promoting party must give to the approving party not...

        5. 95.The promoting party must at all reasonable times during construction...

        6. 96.(1) After the purpose of any temporary works has been...

        7. 97.(1) If any damage to the grid connection land or...

        8. 98.(1) Without prejudice to the other provisions of this Part...

        9. 99.The fact that any work or thing has been executed...

        10. 100.Any consent or approval of an approving party required under...

        11. 101.Any consent or approval of an approving party required under...

        12. 102.Without prejudice to the generality of paragraph 100 of this...

        13. 103.Without prejudice to the generality of paragraph 100, and in...

        14. 104.With the exception of any duty owed by the approving...

        15. 105.Save as this Part of this Schedule permits, nothing in...

        16. 106.(1) In the event that the undertaker begins to carry...

        17. 107.The undertaker must ensure that the rate and/or volume of...

        18. 108.The undertaker must not exercise the powers conferred by article...

        19. 109.The provisions of this Part of this Schedule will enure...

      11. PART 11 UK

        1. 110.In this Part of this Schedule— “ConocoPhillips” means ConocoPhillips (U.K.)...

        2. 111.No less than 28 days before commencing any part of...

        3. 112.No works comprising any part of the authorised development or...

        4. 113.Any approval of ConocoPhillips required under paragraph 112 must not...

        5. 114.(1) Subject to sub-paragraphs (2) and (3) below, if, by...

  11. Explanatory Note

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