BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Inner Dowsing Offshore Wind Farm Order 2003
URL: http://www.bailii.org/uk/legis/num_reg/2003/20032831.html

[New search] [Context] [Printable version] [Help]



2003 No. 2831

TRANSPORT AND WORKS, ENGLAND

OFFSHORE INSTALLATIONS, ENGLAND

ELECTRICITY, ENGLAND

The Inner Dowsing 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
Principal powers
3. Power to construct and maintain works
4. Power to deviate
Protection of navigation, air traffic and control of noise
5. Works not to be executed without approval of the Secretary of State
6. Provision against danger to navigation
7. Abatement of works abandoned or decayed
8. Survey of works
9. Permanent lights, navigational safety aids and colour
10. Lights on works during construction
11. Active safety management system
12. Construction and operational noise
13. Execution by Secretary of State of works in default
14. Offences

PART III

MISCELLANEOUS AND GENERAL
15. Power to operate and use works
16. Disapplication of section 36 of the Electricity Act 1989
17. Obstruction and misuse of works
18. Temporary exclusion zones for navigation
19. Protection for Environment Agency
20. Certification of plans, etc.
21. Transfer of powers
22. Crown rights

  SCHEDULE The scheduled works

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 section 3 of the 1992 Act;

     And whereas the Secretary of State has taken into consideration the grounds of the 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 hereby makes the following Order:-



PART I

PRELIMINARY

Citation and commencement
     1. This Order may be cited as the Inner Dowsing 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 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

Principal Powers

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

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

    (3) The undertaker may, within the limits of deviation for the scheduled works, carry out, provide and maintain such of the following works and facilities as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction or maintenance of the scheduled works, namely - 

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

    (2) There shall be a minimum distance of 22 metres between the lowest point of the rotating blades of the wind turbines and the level of high water.

Protection of navigation, air traffic and control of noise

Works not to be executed without approval of the Secretary of State
     5.  - (1) No authorised work shall be constructed or altered except in accordance with 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 is begun.

    (2) If an authorised work is constructed or altered in contravention of this article or any condition or restriction imposed under this article - 

Provision against danger to navigation
    
6. In case of injury to, or destruction or decay of, an authorised work or any part thereof the undertaker shall as soon as 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 works abandoned or decayed
    
7.  - (1) Where an authorised work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing, and following consultation with the undertaker, require the undertaker at its own expense either to repair and restore the work or any part of it, or to remove the work and restore the site of the work to a safe and proper condition, to such an extent and within such limits as may be specified in the notice.

    (2) The undertaker shall remove from the site any individual wind turbine generator which ceases to generate electricity for more than 6 months unless such cessation is due to maintenance, repair or replacement or the Secretary of State has given prior written approval to the generator remaining on the site.

    (3) At least 3 months before the scheduled works cease to generate electricity or the termination of the lease from the Crown Estate Commissioners relating to the scheduled works (without a new lease being granted), whichever is the sooner, there shall be submitted to, approved in writing by, and deposited with the Secretary of State a decommissioning plan for the removal, restoration and aftercare of the scheduled works, and the restoration and aftercare of the site having regard to minimising the environmental impact. Such a plan shall include a timetable for the removal of the scheduled works and take into account any applicable legislative requirements, technology and best practice at the time of decommissioning.

    (4) Unless otherwise agreed with the Secretary of State the undertaker shall, following approval of the decommissioning plan pursuant to paragraph (3), arrange for the scheduled works to be decommissioned and the site restored in accordance with the plan, and within one month of completion of the work, provide the Secretary of State with written confirmation that it has been completed.

    (5) Unless otherwise agreed by the Secretary of State, within 6 months of completion of the decommissioning of the scheduled works pursuant to paragraph (4) the undertaker shall report on the aftercare of the site pursuant to paragraph (3), and at 6 monthly intervals thereafter until the completion of the aftercare period.

    (6) If the undertaker ceases to operate the scheduled works without submitting a decommissioning plan pursuant to the timetable specified in paragraph (3) the Secretary of State may take such steps as the Secretary of State considers fit to decommission the scheduled works and expenditure incurred in doing so shall be recoverable from the undertaker.

Survey of works
    
8.  - (1) The Secretary of State may at any time, if the Secretary of State deems it expedient, order a survey and examination of an authorised work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the undertaker.

    (2) Subject to paragraph (3), such surveys shall not be ordered more frequently than once a year, and before ordering such a survey the Secretary of State shall - 

    (3) Paragraph (2) shall not apply in an emergency.

Permanent lights, navigational safety aids and colour
    
9.  - (1) After completion of the authorised works the undertaker shall around the perimeter of the wind turbines lay down such buoys, exhibit such lights from sunset to sunrise, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

    (2) The undertaker shall exhibit every night from sunset to sunrise lights for the prevention of danger to
aircraft, of a shape, colour and character as directed by the Civil Aviation Authority.

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

Lights on works during construction
     10. The undertaker shall at or near an authorised work during the whole time of the construction, alteration, replacement, or reconstruction of the work 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.

Active safety management system
    
11.  - (1) The wind 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 wind 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 but the system shall include - 

Construction and operational noise
     12.  - (1) Unless otherwise directed by the Secretary of State, the undertaker - 

    (2) Unless otherwise approved in writing by the Secretary of State, the undertaker 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.

Execution by Secretary of State of works in default
     13. If, on the expiration of 30 days from the date when a notice under article 5(2)(a) or 7(1) is served upon the undertaker it has failed, without reasonable excuse, to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the undertaker.

Offences
    
14. If the undertaker, without reasonable excuse, fails - 

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



PART III

MISCELLANEOUS AND GENERAL

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

Disapplication of section 36 of the Electricity Act 1989
    
16. The provisions of section 36 of the Electricity Act 1989 shall not apply in relation to the authorised works.

Obstruction and misuse of works
    
17. Any 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.

Temporary exclusion zones for navigation
    
18.  - (1) Subject to paragraph (5) any person who, without reasonable excuse during the construction, replacement, removal or decommissioning of any of the authorised works navigates a vessel within an area extending 500 metres from any part of that work 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) An exclusion zone shall not come into effect until - 

    (3) The exclusion zone shall terminate on completion of the construction, replacement, removal or decommissioning (as the case may be) of the authorised works.

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

    (5) Paragraph (1) 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 "exclusion zone" means an area in which navigation is excluded under paragraph (1);

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

    (2) In this article:

    (3) If, during the construction of a specified work or within 10 years after the completion of such work there is an accumulation or erosion or alteration of the tidal flow or littoral drift wholly or partly caused by such work which causes damage, or the reasonable expectation of damage within 2 years, the undertaker shall, if so required by the Agency before or within the period of 10 years after such completion, and subject to obtaining any necessary consents, remedy so much of such accumulation, erosion, alteration of tidal flow or littoral drift as is caused by such work, in the manner specified in paragraph (6) below and, if it refuses or fails so to do, the Agency may itself cause work to be done and may recover the reasonable cost thereof from the undertaker.

    (4) Should any such accumulation or erosion or alteration of the tidal flow or littoral drift arise during the said construction or the said period of 10 years and be remedied in accordance with paragraph (3), any recurrence of such accumulation or erosion or alteration of the tidal flow or littoral drift shall from time to time be so remedied by the undertaker during the said period of 10 years and at any time thereafter, save that the undertaker's obligation under this paragraph shall cease in the event that following the remedying of any such accumulation or erosion or alteration of the tidal flow or littoral drift a period of 10 years elapses without any further such accumulation or erosion or alteration of the tidal flow or littoral drift or, if the specified works are decommissioned and removed before the end of that 10 year period, a period of 2 years elapses after such decommissioning and removal without any further such accumulation or erosion or alteration of the tidal flow or littoral drift.

    (5) To the extent that damage would have been caused in any event by factors other than the construction of a specified work the undertaker shall not be liable to remedy such accumulation or erosion or alteration of tidal flow or littoral drift.

    (6) For the purposes of paragraphs (3) and (4):

provided always that the Agency will not require a remedy which results in betterment upon the average levels of accumulation, erosion, tidal flow or littoral drift for 2 years prior to the Agency's requirement.

    (7) In paragraphs (3), (4) and (5), "damage" means any damage to or any adverse effect whatsoever upon the structure or operation of any outfall, flood or sea defences or other structure under the jurisdiction of the Agency for the purposes of the Water Resources Act 1991.

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

    (9) Without prejudice to the other provisions of this article and subject always to paragraph (10) the undertaker shall indemnify the Agency from all claims, demands, proceedings, costs, damages or expenses or loss which may be made or taken against, or recovered from or reasonably incurred by, the Agency to the extent they are caused by the construction of any of the specified work or by reason of their maintenance, repair, alteration, renewal, removal, existence or use or any act or omission of the undertaker, its contractors, agents, workmen, or servants whilst engaged upon any such work.

    (10) The Agency shall - 

    (11) If by reason of the construction of any specified work or by reason of the failure of that work or of the undertaker to maintain it, the efficiency of any drainage work for flood defence purposes is impaired or that work is damaged, such impairment or damage shall be made good by the undertaker to the reasonable satisfaction of the Agency and, if the undertaker fails to do so, the Agency may make good the same and recover from the undertaker the expense reasonably incurred by it in so doing.

    (12) Nothing in paragraph (9) or (11) shall impose liability on the undertaker in respect of accumulation or erosion or alteration of the tidal flow or littoral drift other than accumulation or erosion or alteration of the tidal flow or littoral drift which the undertaker is liable to remedy under paragraph (3) or (4) above.

    (13) 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 199l[5], the Salmon and Freshwater Fisheries Act 1975[6] 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 undertaker under any enactment, byelaw or regulation.

    (14) Any dispute or difference between the undertaker and the Agency arising under, out of, or in connection with this article, shall be referred to and settled by a single arbitrator appointed by agreement between the parties, on reference to him by either party, after notice in writing to the other, or, in default of agreement, by the President or Vice President of the Institution of Civil Engineers.

Certification of plans, etc.
     20. The undertaker shall, as soon as practicable after the making of this Order, submit copies of the sections and the works plans to the Secretary of State for certification that they are true copies, respectively, of the sections and the works plans 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.

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

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

    (3) Not later than 21 days after entering into any such agreement the undertaker 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 the receipt of the notice by whichever of the Secretary of State or Trinity House is the last to receive notice).

Crown rights
    
22.  - (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 undertaker 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 river, channel, creek, bay or estuary) - 

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



Signed by authority of the Secretary of State for Trade and Industry


Jim Campbell,
Director, Licensing and Consents Unit

29th October 2003



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


THE SCHEDULED WORKS


     1. The works which the undertaker 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 Ingoldmells in the district of East Lindsey, county of Lincolnshire: - 

     2. In this schedule references to the locations of a wind turbine are references to the centre point of that turbine.



EXPLANATORY NOTE

(This note is not part of the Order)


This Order provides for the construction and operation of an offshore wind farm and associated works at Inner Dowsing, off the coast near Ingoldmells, Skegness, Lincolnshire and the creation of temporary exclusion zones for navigation.

A copy of the works plans and sections prescribed by rules 12(1) and 12(3) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 and certified in accordance with article 20 of the Order may be inspected at the offices of Offshore Wind Power (Site No. 1) Limited, Beaufort House, 23 Grosvenor Road, St Albans ALl 3AW.


Notes:

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

[2] 1992 c. 42.back

[3] 1982 c. 16.back

[4] 1991 c. 57.back

[5] 1991 c. 59.back

[6] 1975 c. 51.back



ISBN 0 11 048137 2


  Prepared 13 November 2003


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2003/20032831.html