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2003 No. 2829

TRANSPORT AND WORKS, ENGLAND

OFFSHORE INSTALLATIONS, ENGLAND

ELECTRICITY, ENGLAND

The Lynn Offshore Wind Farm Order 2003

  Made 29th October 2003 
  Coming into force 19th November 2003 


ARRANGEMENT OF ARTICLES


PART I

PRELIMINARY
1. Citation and commencement
2. Interpretation

PART II

WORKS PROVISIONS
Pincipal powers
3. Power to construct and maintain scheduled works
4. Power to deviate
Authorised works
5. Authorised works not to be executed without approval of the Secretary of State
6. Navigation aids on and navigational information about authorised works during construction
7. Provision against danger to navigation
8. Abatement of authorised works abandoned or decayed
9. Survey of authorised works
10. Permanent lights and other navigational aids on authorised works
11. Active safety management system
12. Noise
13. Construction exclusion zone

PART III

MISCELLANEOUS AND GENERAL
14. Power to operate and use authorised works
15. Disapplication of section 36 of the Electricity Act 1989
16. Certification of plans, etc.
17. Obstructing execution of authorised works
18. Offences
19. Transfer of powers
20. For protection of Environment Agency
21. Crown rights

SCHEDULES

  Schedule 1 Scheduled works

  Schedule 2 Construction exclusion zone

Whereas an application has been made to the Secretary of State for Trade and Industry ("the Secretary of State"), in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000[
1] made under sections 6, 6A, 7 and 10 of the Transport and Works Act 1992[2] ("the 1992 Act"), for an Order under sections 3 and 5 of the 1992 Act;

     And whereas the Secretary of State has taken into consideration the grounds of objections to that application;

     And whereas the Secretary of State has determined to make an Order giving effect to the proposals comprised in the application with modifications which in her opinion do not make any substantial change in the proposals;

     And whereas notice of the Secretary of State's determination was published in the London Gazette on 29th October 2003;

     Now, therefore, the Secretary of State, in exercise of the powers conferred on her by sections 3 and 5 of, and paragraphs 1, 2, 4, 7, 8, 10, 15 and 17 of Schedule 1 to, the 1992 Act and article 2 of the Transport and Works (Descriptions of Works Interfering with Navigation) Order 1992[3] hereby makes the following Order:



PART I

PRELIMINARY

Citation and commencement
     1. This Order may be cited as the Lynn Offshore Wind Farm Order 2003 and shall come into force on 19th November 2003.

Interpretation
    
2.  - (1) In this Order - 

    (2) All directions, distances, lengths and points stated in any description of the scheduled works or powers shall be construed as if the words "or thereabouts" were inserted after each such direction, distance, length and point.



PART II

WORKS PROVISION

Principal powers

Power to construct and maintain scheduled works
     3.  - (1) The Company may construct and maintain the scheduled works.

    (2) Subject to article 4 below, the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the sections.

    (3) The Company may carry out within the limits of deviation such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.

Power to deviate
    
4.  - (1) In constructing or maintaining any of the scheduled works, the Company may - 

    (2) There shall be a minimum distance of 25 metres between the lowest part of the wind turbine blade and mean sea level.

Authorised works

Authorised works not to be executed without approval of the Secretary of State
    
5.  - (1) No authorised works shall be constructed, altered, replaced, relaid or reconstructed except in accordance with the deposited plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work has begun.

    (2) If the authorised works are constructed, altered, replaced, relaid or reconstructed in contravention of this article or of any condition or restriction imposed under this article - 

and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.

Navigation aids on and navigational information about authorised works during construction
    
6. The Company shall at or near the authorised works during the whole time of the construction, alteration, replacement, relaying or re-construction thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

Provision against danger to navigation
    
7. In case of injury to or destruction or decay of the authorised works or any part thereof, the Company shall as soon as is reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.

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)

Survey of authorised works
    
9.  - (1) The Secretary of State may at any time, if she deems it expedient, order a survey and examination of the authorised works and any expenditure incurred by the Secretary of State in such a survey and examination shall be recoverable from the Company.

    (2) Except in the case of an emergency such surveys shall not be ordered more frequently than once a year, and before ordering such a survey the Secretary of State shall - 

Permanent lights and other navigational aids on authorised works
    
10.  - (1) After the completion of the authorised works, the Company shall around the perimeter of such work exhibit such lights, marks, sound signals and other navigational aids and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

    (2) After the completion of the authorised works, the Company shall exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to
aircraft as the Civil Aviation Authority may from time to time direct.

    (3) Unless the Secretary of State otherwise directs, the Company shall ensure that so much of the turbine as is above the level to which Trinity House direct colouring for navigational safety reasons, and all nacelles and blades, are painted submarine grey (colour code: RAL 7035).

Active safety management system
     11.  - (1) The turbines shall be operated in accordance with an active safety management system for the purpose of minimising the risk of vessels colliding with the towers or rotating blades of the turbines and facilitating search and rescue activities.

    (2) The details of the active safety management system shall be approved by the Maritime and Coastguard Agency, such approval (not to be unreasonably withheld), but the system shall include - 

Noise
     12.  - (1) Unless otherwise directed by the Secretary of State, the Company - 

    (2) Unless otherwise approved in writing by the Secretary of State, the Company shall ensure that the rating level of the noise generated by the operation of the wind turbines does not exceed 35dB LA90, up to a wind speed of 10 metres per second, when measured in accordance with the guidance contained in "The Assessment and Rating of Noise from Wind Farms" (ETSU-R-1997), measured in free field conditions at a point 1.2 metres above ground level at any residential property in existence at the date of the making of this Order.

Construction exclusion zone
     13.  - (1) Subject to paragraph (5) below any person who, without reasonable excuse during the construction of the authorised works navigates a vessel within the construction exclusion zone shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (2) The construction exclusion zone shall not come into effect until - 

    (3) The construction exclusion zone shall terminate on completion of the construction of the authorised works.

    (4) As soon as reasonably practicable following the termination of the construction exclusion zone the Company shall - 

    (5) Paragraph (1) above shall not apply to a person navigating a vessel for the purpose of, or in connection with, the construction, maintenance or operation of the authorised works.

    (6) In this article - 



PART III

MISCELLANEOUS AND GENERAL

Power to operate and use authorised works
    
14. The Company may operate and use the authorised works as a system for generating and transmitting electricity.

Disapplication of section 36 of the Electricity Act 1989
    
15. The provisions of section 36 of the Electricity Act 1989[5] shall not apply in relation to the authorised works.

Certification of plans, etc.
     16. The Company shall, as soon as practicable after the making of this Order, submit copies of the deposited plans and the sections to the Secretary of State for certification that they are true copies of the deposited plans and sections referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Obstructing execution of authorised works
    
17. A person who without reasonable excuse:

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences
    
18.  - (1) If the Company fails to:

it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; but it shall be a defence to the Company to show that all due diligence was used to secure compliance with the direction or to give the required notification.

Transfer of powers
    
19.  - (1) The Company may enter into, and carry into effect, agreements for the transfer to another person of all or any of the powers conferred on the Company by this Order.

    (2) The exercise of any power conferred by this Order by any other person in accordance with an agreement under paragraph (1) above shall be subject to the same obligations and liabilities under this Order as would apply if that power were exercised by the Company.

    (3) Not later than 21 days before any such agreement comes into effect the Company shall give written notice to the Secretary of State and to Trinity House stating the name and address of the person to whom the powers are being transferred and the date when the transfer is to take effect (which shall not be earlier than the date of receipt of the notice by whichever of the Secretary of State or Trinity House is the last to receive notice).

For Protection of Environment Agency
    
20.  - (1) The following provisions shall, unless otherwise agreed in writing between the Environment Agency (in this article referred to as "the Agency") and the Company have effect.

    (2) In this article:

    (3)

    (4) For the purposes of paragraph (3)(a) above the date of completion of a specified work shall be the date on which it is brought into use.

    (5)

    (6) Except as otherwise provided by this article nothing in this Order shall prejudice or affect in their application to the Agency the powers, rights, jurisdiction and obligations conferred, arising or imposed under the Land Drainage Act 1991[7], the Salmon and Freshwater Fisheries Act 1975[8] the Water Resources Act 1991 or any other enactment, byelaw or regulation relating to the Agency or any existing approvals or consents granted by the Agency to the Company under any enactment, byelaw or regulation.

    (7)

Crown rights
     21.  - (1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with, any land, hereditaments or rights of whatsoever description (including any part of the shore or bed of the sea or any other river, channel, creek, bay or estuary) - 

    (2) A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.


Jim Campbell,
Director, Licensing and Consents Unit Signed by authority of the Secretary of State for Trade and Industry

29th October 2003



SCHEDULE 1
(Articles 2(1), 3(1) and 4)


SCHEDULED WORKS


     1.  - (1) The works which the Company is authorised to construct and maintain by article 3(1) are the following works on the bed of the North Sea adjoining the coast at Skegness in the district of East Lindsey, County of Lincolnshire:

    (2) In this Schedule references to the locations of a turbine are references to the centre point of that turbine.



SCHEDULE 2
(Article 13)


CONSTRUCTION EXCLUSION ZONE


     1. The area of the turbine construction exclusion zone is an area bounded by a series of imaginary straight lines drawn between the following points:

     World Geodetic System 1984 Datum
Turbine construction exclusion zone point Latitude N Longitude E
C1 53°9'07.41" 0°25'18.76"
C2 53°9'07.15" 0°29'47.96"
C3 53°7'14.00" 0°29'41.40"
C4 53°7'14.22" 0°25'12.39"

     2. The marine feeder cable laying construction exclusion zone is the area contained within the limits of deviation for the construction of the marine feeder cable, and will not exceed a distance of 250 metres either side of each marine feeder cable.



EXPLANATORY NOTE

(This note is not part of the Order)


This Order authorises the construction, operation and maintenance of an offshore wind farm in navigable waters consisting of 30 wind turbines off the coast of Skegness, Lincolnshire including the provision of cabling under the sea between the turbines and the shore. The Order also provides for an exclusion zone for navigation, during construction.

A copy of the deposited plans and the deposited sections prescribed by rules 12(1), 12(3) and 12(5) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 (S.I. 2000/2190) may be inspected free of charge during working hours at the offices of AMEC Offshore Wind Power Limited, Bridge End, Hexham, Northumberland NE46 4NU.


Notes:

[1] S.I. 2000/2190.back

[2] 1992 c. 42.back

[3] S.I. 1992/ 3230. The Order was amended by S.I. 1997/2906 but those amendments are not relevant for the purposes of this Order.back

[4] 1982 c. 16.back

[5] 1989 c. 29.back

[6] 1991 c. 57.back

[7] 1991 c. 59.back

[8] 1975 c. 51.back



ISBN 0 11 048135 6


  Prepared 13 November 2003


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URL: http://www.bailii.org/uk/legis/num_reg/2003/20032829.html