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The Hornsea Three Offshore Wind Farm Order 2020

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

    1. 3.Development consent etc. granted by the Order

    2. 4.Power to maintain the authorised project

    3. 5.Benefit of the Order

    4. 6.Application and modification of legislative provisions

    5. 7.Defence to proceedings in respect of statutory nuisance

  4. PART 3 STREETS

    1. 8.Street works

    2. 9.Application of the 1991 Act

    3. 10.Temporary stopping up of streets

    4. 11.Temporary stopping up of public rights of way

    5. 12.Access to works

    6. 13.Agreements with street authorities

    7. 14.Power to alter layout etc. of streets

  5. PART 4 SUPPLEMENTAL POWERS

    1. 15.Discharge of water

    2. 16.Protective work to buildings

    3. 17.Authority to survey and investigate the land onshore

  6. PART 5 POWERS OF ACQUISITION

    1. 18.Compulsory acquisition of land

    2. 19.Time limit for exercise of authority to acquire land compulsorily

    3. 20.Compulsory acquisition of rights

    4. 21.Private Rights

    5. 22.Application of the 1981 Act

    6. 23.Acquisition of subsoil only

    7. 24.Modification of Part 1 of the 1965 Act

    8. 25.Rights under or over streets

    9. 26.Temporary use of land for carrying out the authorised project

    10. 27.Temporary use of land for maintaining the authorised project

    11. 28.Statutory undertakers

    12. 29.Recovery of costs of new connections

  7. PART 6 OPERATIONS

    1. 30.Operation of generating station

    2. 31.Deemed marine licences under the 2009 Act

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 32.Application of landlord and tenant law

    2. 33.Operational land for purposes of the 1990 Act

    3. 34.Felling or lopping of trees and removal of hedgerows

    4. 35.Trees subject to tree preservation orders

    5. 36.Certification of plans and documents, etc.

    6. 37.Arbitration

    7. 38.Requirements, appeals, etc.

    8. 39.Abatement of works abandoned or decayed

    9. 40.Saving provisions for Trinity House

    10. 41.Crown rights

    11. 42.Protective provisions

    12. 43.Funding

    13. 44.Service of notices

    14. 45.Compensation provisions

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED PROJECT

      1. PART 1 AUTHORISED DEVELOPMENT

        1. 1.A nationally significant infrastructure project as defined in sections 14...

        2. In the county of Norfolk, districts of North Norfolk, Broadland and South Norfolk

        3. In connection with such Work Nos. 1 to 5 and...

        4. and in connection with such Work Nos. 6 to 15...

        5. 2.The grid coordinates for that part of the authorised project...

      2. PART 2 ANCILLARY WORKS

        1. 1.Works within the Order limits which have been subject to...

      3. PART 3 REQUIREMENTS

        1. 1.Time limits

        2. 2.Detailed offshore design parameters

        3. 3.(1) The total number of offshore electrical installations and offshore...

        4. 4.The total volume of scour protection for wind turbine generators,...

        5. 5.(1) The number of cable circuits shall not exceed six....

        6. 6.Phases of authorised development

        7. 7.Detailed design approval onshore

        8. 8.Provision of landscaping

        9. 9.Implementation and maintenance of landscaping

        10. 10.Ecological management plan

        11. 11.Highway accesses

        12. 12.Fencing and other means of enclosure

        13. 13.Surface and foul water drainage

        14. 14.Contaminated land and groundwater scheme

        15. 15.Surface water

        16. 16.Onshore Archaeology

        17. 17.Code of construction practice

        18. 18.Construction traffic management plan

        19. 19.European protected species onshore

        20. 20.Restoration of land used temporarily for construction

        21. 21.Control of noise during operational phase

        22. 22.Local skills and employment

        23. 23.Onshore decommissioning

        24. 24.Notification of generation of power

        25. 25.Requirement for written approval

        26. 26.Amendments to approved details

    2. SCHEDULE 2

      STREETS SUBJECT TO STREET WORKS

    3. SCHEDULE 3

      STREETS TO BE TEMPORARILY STOPPED UP

    4. SCHEDULE 4

      PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP

    5. SCHEDULE 5

      ACCESS TO WORKS

    6. SCHEDULE 6

      LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

    7. SCHEDULE 7

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

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

      2. 2.(1) Without limitation on the scope of paragraph 1, the...

      3. 3.(1) Without limitation on the scope of paragraph 1, the...

      4. 4.Application of Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act

      5. 5.For section 7 (measure of compensation in case of severance)...

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

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

      8. 8.Section 20 (tenants at will, etc.) of the 1965 Act...

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

      10. 10.For Schedule 2A to the 1965 Act substitute— SCHEDULE 2A...

    8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    9. SCHEDULE 9

      PROTECTIVE PROVISIONS

      1. PART 1 PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

        1. 1.Application

        2. 2.In this Part— “affected undertaker” means any licence holder within...

        3. 3.Precedence of the 1991 Act in respect of apparatus in the streets

        4. 4.No acquisition etc. except by agreement

        5. 5.Removal of apparatus

        6. 6.Facilities and rights for alternative apparatus

        7. 7.Retained apparatus

        8. 8.(1) Subject to the following provisions of this paragraph, the...

        9. 9.Expenses and costs

        10. 10.Nothing in this Part affects the provisions of any enactment...

      2. PART 2 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER

        1. 1.Application

        2. 2.Interpretation

        3. 3.Except for paragraphs 4 (apparatus of National Grid in streets...

        4. 4.Apparatus of National Grid in streets subject to temporary stopping up

        5. 5.Protective works to buildings

        6. 6.Acquisition of land

        7. 7.Removal of apparatus

        8. 8.Facilities and rights for alternative apparatus

        9. 9.Retained apparatus: protection of National Grid as Gas Undertaker

        10. 10.(1) Not less than 56 days before the commencement of...

        11. 11.Expenses

        12. 12.Indemnity

        13. 13.Enactments and agreements

        14. 14.Co-operation

        15. 15.Access

        16. 16.Arbitration

        17. 17.Notices

      3. PART 3 FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER

        1. 1.Application

        2. 2.Interpretation

        3. 3.Except for paragraphs 4 (apparatus of Cadent Gas Limited in...

        4. 4.Apparatus of Cadent Gas Limited in streets subject to temporary stopping up

        5. 5.Protective works to buildings

        6. 6.Acquisition of land

        7. 7.Removal of apparatus

        8. 8.Facilities and rights for alternative apparatus

        9. 9.Retained apparatus: protection of Cadent Gas Limited as Gas Undertaker

        10. 10.Expenses

        11. 11.Indemnity

        12. 12.Enactments and agreements

        13. 13.Co-operation

        14. 14.Access

        15. 15.Arbitration

        16. 16.Notices

      4. PART 4 PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

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

        2. 2.In this Part— “the 2003 Act” means the Communications Act...

        3. 3.The exercise of the powers of article 28 (statutory undertakers)...

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

        5. 5.This Part does not apply to— (a) any apparatus in...

        6. 6.Nothing in this Part affects the provisions of any enactment...

      5. PART 5 PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED

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

        2. 2.In this Part— “construction” includes execution, placing, alteration and reconstruction...

        3. 3.(1) Where under this Part Network Rail is required to...

        4. 4.(1) The undertaker must before commencing construction of any specified...

        5. 5.(1) Any specified work and any protective works to be...

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

        7. 7.Network Rail must at all times afford reasonable facilities to...

        8. 8.(1) If any permanent or temporary alterations or additions to...

        9. 9.The undertaker must pay to Network Rail all reasonable fees,...

        10. 10.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        11. 11.If at any time after the completion of a specified...

        12. 12.The undertaker must not provide any illumination or illuminated sign...

        13. 13.Any additional expenses which Network Rail may reasonably incur in...

        14. 14.(1) The undertaker must— (a) pay to Network Rail all...

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

        16. 16.In the assessment of any sums payable to Network Rail...

        17. 17.The undertaker and Network Rail may, subject in the case...

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

        19. 19.The undertaker must give written notice to Network Rail if...

        20. 20.In relation to any dispute arising under this Part that...

        21. 21.The undertaker must no later than 28 days from the...

      6. PART 6 FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED

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

        2. 2.In this Part— “alternative apparatus” means alternative apparatus adequate to...

        3. 3.This Part does not apply to apparatus to the extent...

        4. 4.The undertaker must not interfere with, build over or near...

        5. 5.The alteration, extension, removal or re-location of any apparatus shall...

        6. 6.In the situation, where in exercise of the powers conferred...

        7. 7.Regardless of any provision in this Order or anything shown...

        8. 8.If the undertaker is unable to create the new rights...

        9. 9.If in consequence of the exercise of the powers conferred...

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

        11. 11.If for any reason or in consequence of the construction...

        12. 12.Nothing in paragraph 11 above imposes any liability on the...

        13. 13.Anglian Water must give the undertaker reasonable notice of any...

        14. 14.Anglian Water must use its reasonable endeavours to mitigate in...

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

      7. PART 7 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY AND DRAINAGE AUTHORITIES

        1. 1.The provisions of this Part have effect for the protection...

        2. 2.In this Part— “construction” includes execution, placing, altering, replacing, relaying...

        3. 3.(1) Before beginning to construct any specified work, the undertaker...

        4. 4.Without limiting paragraph 3, the requirements which the drainage authority...

        5. 5.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 6.(1) Subject to sub-paragraph (5) the undertaker must from the...

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

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

        9. 9.(1) Without limiting the other provisions of this Part, the...

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

        11. 11.Any dispute between the undertaker and the drainage authority under...

      8. PART 8 FOR THE PROTECTION OF NORFOLK VANGUARD

        1. 1.The provisions of this Part apply for the protection of...

        2. 2.In this Part— “apparatus” means the cables, structures or other...

        3. 3.The consent of Vanguard under this Part is not required...

        4. 4.Where conditions are included in any consent granted by Vanguard...

        5. 5.The undertaker must not under the powers of this Order—...

        6. 6.(1) The undertaker must not under the powers of this...

        7. 7.(1) The undertaker must give to Vanguard not less than...

        8. 8.The undertaker must at all reasonable times during construction of...

        9. 9.(1) After the purpose of any temporary works has been...

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

        11. 11.The undertaker must not exercise the powers conferred by this...

        12. 12.To ensure its compliance with this Part, the undertaker must...

        13. 13.The undertaker and Vanguard must each act in good faith...

        14. 14.The undertaker must pay to Vanguard the reasonable expenses incurred...

        15. 15.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        16. 16.Any dispute arising between the undertaker and Vanguard under this...

      9. PART 9 FOR THE PROTECTION OF NORFOLK BOREAS

        1. 1.The provisions of this Part apply for the protection of...

        2. 2.In this Part— “apparatus” means the cables, structures or other...

        3. 3.The consent of Boreas under this Part is not required...

        4. 4.Where conditions are included in any consent granted by Boreas...

        5. 5.The undertaker must not under the powers of this Order—...

        6. 6.(1) The undertaker must not under the powers of this...

        7. 7.(1) The undertaker must give to Boreas not less than...

        8. 8.The undertaker must at all reasonable times during construction of...

        9. 9.(1) After the purpose of any temporary works has been...

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

        11. 11.The undertaker must not exercise the powers conferred by this...

        12. 12.To ensure its compliance with this Part, the undertaker must...

        13. 13.The undertaker and Boreas must each act in good faith...

        14. 14.The undertaker must pay to Boreas the reasonable expenses incurred...

        15. 15.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        16. 16.Any dispute arising between the undertaker and Boreas under this...

    10. SCHEDULE 10

      1. PART 1 REMOVAL OF HEDGEROWS

      2. PART 2 REMOVAL OF IMPORTANT HEDGEROWS

    11. SCHEDULE 11

      DEEMED MARINE LICENCE UNDER THE 2009 ACT—GENERATION ASSETS

      1. PART 1 LICENSED MARINE ACTIVITIES

        1. 1.(1) In this licence— “the 2004 Act” means the Energy...

        2. 2.Details of licensed marine activities

        3. 3.Such activities are authorised in relation to the construction, maintenance...

        4. 4.The substances or articles authorised for deposit at sea are—...

        5. 5.The grid coordinates for that part of the authorised development...

        6. 6.This licence remains in force until the authorised project has...

        7. 7.The provisions of sections 72 (variation, suspension, revocation and transfer)...

        8. 8.With respect to any condition which requires the licensed activities...

        9. 9.Any amendments to or variations from the approved plans, protocols...

      2. PART 2 CONDITIONS

        1. 1.Design parameters

        2. 2.(1) The total number of offshore accommodation platforms forming part...

        3. 3.(1) The total length of the cables in Work No.1(c)...

        4. 4.Phases of authorised development

        5. 5.Maintenance of the authorised development

        6. 6.Extension of time periods

        7. 7.Notifications and inspections

        8. 8.Aids to navigation

        9. 9.(1) The undertaker must colour all structures yellow (colour code...

        10. 10.Aviation safety

        11. 11.Chemicals, drilling and debris

        12. 12.Force majeure

        13. 13.Pre-construction plans and documentation

        14. 14.(1) Each programme, statement, plan, protocol or scheme required to...

        15. 15.Offshore safety management

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

        17. 17.Pre-construction monitoring and surveys

        18. 18.Construction monitoring

        19. 19.Post-construction monitoring

        20. 20.Timing of monitoring report

        21. 21.Updating of cable monitoring plan

        22. 22.Reporting of impact pile driving

        23. 23.Reporting of cable protection

        24. 24.Decommissioning of cable protection within marine protected areas

    12. SCHEDULE 12

      DEEMED MARINE LICENCE UNDER THE 2009 ACT – TRANSMISSION ASSETS

      1. PART 1 LICENSED MARINE ACTIVITIES

        1. 1.(1) In this licence— “the 2004 Act” means the Energy...

        2. 2.Details of licensed marine activities

        3. 3.Such activities are authorised in relation to the construction, maintenance...

        4. 4.The substances or articles authorised for deposit at sea are—...

        5. 5.The grid coordinates for that part of the authorised development...

        6. 6.This licence remains in force until the authorised project has...

        7. 7.The provisions of section 72 (variation, suspension, revocation and transfer)...

        8. 8.With respect to any condition which requires the licensed activities...

        9. 9.Any amendments to or variations from the approved plans, protocols...

      2. PART 2 CONDITIONS

        1. 1.Design parameters

        2. 2.(1) The dimensions of any offshore type 1 substations forming...

        3. 3.(1) The total length of the cables and the volume...

        4. 4.(1) The total length of the cables in Work No.2(c)...

        5. 5.Phases of authorised development

        6. 6.Maintenance of the authorised development

        7. 7.Extension of time periods

        8. 8.Notifications and inspections

        9. 9.Aids to navigation

        10. 10.The undertaker must colour all structures yellow (colour code RAL...

        11. 11.Aviation safety

        12. 12.Chemicals, drilling and debris

        13. 13.Force majeure

        14. 14.Pre-construction plans and documentation

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

        16. 16.Offshore safety management

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

        18. 18.Pre-construction monitoring and surveys

        19. 19.Construction monitoring

        20. 20.Post-construction monitoring

        21. 21.Timing of monitoring report

        22. 22.Reporting of impact pile driving

        23. 23.Reporting of cable protection

        24. 24.Decommissioning of cable protection within marine protected areas

    13. SCHEDULE 13

      ARBITRATION RULES

      1. 1.Primary objective

      2. 2.Time periods

      3. 3.Timetable

      4. 4.Procedure

      5. 5.Arbitrator's powers

      6. 6.Costs

      7. 7.Confidentiality

    14. SCHEDULE 14

      COMPENSATION MEASURES

      1. PART 1 KITTIWAKE COMPENSATION MEASURES

        1. 1.In this Schedule: “the FFC” means the site designated as...

        2. 2.The authorised development may not be commenced until a plan...

        3. 3.The KIMP must be submitted to the Secretary of State...

        4. 4.The undertaker must implement the measures as set out in...

        5. 5.The undertaker shall notify the Secretary of State of completion...

        6. 6.Once the measures have been implemented the undertaker shall provide...

        7. 7.The artificial nest structures must not be decommissioned without written...

        8. 8.The KIMP approved under this Schedule includes any amendments that...

      2. PART 2 BENTHIC COMPENSATION MEASURES

        1. 9.Benthic compensation measures

        2. 10.The authorised development may not be commenced until a plan...

        3. 11.The Steering Group must be consulted on i) the proposed...

        4. 12.A SIP for each of the NNSSR and the WNNC...

        5. 13.Each SIP must accord with the principles set out in...

        6. 14.No cable installation works in Work No. 2(c) and (d),...

        7. 15.No cable installation work in Work No, 2(c) and (d),...

        8. 16.The measures in the SIPs must be carried out in...

        9. 17.No later than four months prior to each deployment of...

        10. 18.A SIP approved under this Schedule, includes any amendments that...

  11. Explanatory Note

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