Legislation – The Five Estuaries Offshore Wind Farm Order 2025

A reference to any statute, order, regulation or similar instrument is construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is [email protected], or where contact to the Local Office of the MMO is required,
[email protected].

Unless otherwise advised in writing by the MMO, the Marine Case Management System (“MCMS”) must be used for all licence returns or applications to vary this licence. The MCMS address is:
https://marinelicensing.marinemanagement.org.uk/.

Offshore substation platform foundation structures forming part of the authorised scheme must be one of either monopile foundations or jacket foundations.

The total length of the cables in Work Nos. 2, 2A and 3, and the volume of their cable protection (including cable crossings) must not exceed the following—

Within 1600 metres seawards of MHWS, cable protection measures and cable protection remediation carried out as part of the must not include any use of loose rock or gravel.

The undertaker may at any time maintain the authorised development, except to the extent that this licence or an agreement made under this licence provides otherwise.

In undertaking activities under sub-paragraphs (2)(d), (e) and (f), other than in areas shown shaded in yellow on the Deep Water Route Cable Installation Area (Future Dredging depths) plan where navigable depth may not be reduced to any extent, the undertaker must not reduce water depth by more than 5% referenced to Chart Datum unless agreed with the MMO in writing following consultation with the MCA.

An operation and maintenance plan substantially in accordance with the outline offshore operations and maintenance plan, and, in so far as is relevant, the principles of the outline cable installation and maintenance plan, must be submitted to the MMO for approval in consultation with the relevant SNCB and the MCA at least six months prior to the commencement of the operation of the licensed activities. All operation and maintenance activities must be carried out in accordance with the approved plan.

The undertaker must issue to operators of vessels under its control operating within the Order limits a code of conduct in accordance with the provisions of the working in proximity to wildlife in the marine environment plan.

The undertaker must ensure appropriate co-ordination of vessels within its control operating within the Order limits so as to reduce collision risk to other vessels including advisory safe passing distances for vessels.

Only those persons and vessels notified to the MMO in accordance with condition 26 are permitted to carry out the licensed activities.

The documents referred to in sub-paragraph (1)(a) must be available for inspection by an authorised enforcement officer at the locations set out in sub-paragraph (3)(b) above.

The undertaker must ensure that a copy of this marine licence and any subsequent revisions or amendments has been read and understood by the masters of any vessel being used to carry on any licensed activity set out in condition 26(3), and that a copy of this marine licence is held on board any such vessel.

The undertaker must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during construction and operation of the authorised development.

The undertaker must inform the MMO Local Office in writing at least five days prior to the commencement of the licensed activities and within five days of the completion of the licensed activity.

The undertaker must ensure that a local notification to mariners is issued at least 14 days prior to the commencement of the authorised development or any relevant stage advising of the start date of Work Nos. 2, 2A and 3 and the expected vessel routes from the construction ports to the relevant location. Copies of all notices must be provided to the MMO, MCA and UK Hydrographic Office within five days of issue.

The undertaker must ensure that local notifications to mariners are updated and reissued at weekly intervals during construction activities and at least five days before any planned operations and maintenance works and the notices must be supplemented with VHF radio broadcasts agreed with the MCA in accordance with the project environmental management plan approved under deemed marine licence condition 22(1)(d) and monitoring plan approved under condition 22(1)(f). Copies of all local notifications must be provided to the MMO and UK Hydrographic Office within five days of issue, save for in the case of a notice relating to operations and maintenance, which must be provided within 24 hours of issue.

The undertaker must notify the UK Hydrographic Office of the commencement (within 14 days), progress and completion of construction (within 14 days) of the licensed activities in order that all necessary amendments to nautical and aeronautical charts are made and the undertaker must send a copy of such notifications to the MMO, MCA and PLA within five days of the notification.

In case of damage to, or destruction or decay of, the authorised development seaward of MHWS or any part thereof, excluding the exposure of cables, the undertaker must as soon as reasonably practicable and no later than 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify the MMO, the MCA, PLA, Trinity House, the Kingfisher Information Service and the UK Hydrographic Office.

In case of exposure of cables on or above the seabed, the undertaker must within three days following identification of a potential cable exposure, notify mariners and inform the Kingfisher Information Service of the location and extent of exposure. Copies of all notices must be provided to the MMO, the MCA, Trinity House and the UK Hydrographic Office within five days.

The undertaker must notify the MMO in writing a minimum of five days in advance of the commencement of each discrete incident of cable repair, replacement, or protection replenishment activity. Such a notification must include proposed timings and a description of proposed methodologies.

The undertaker must ensure that the MMO, the MMO Local Office, local mariners, local fishermen’s organisations, PLA and the Source Data Receipt Team at the UK Hydrographic Office, Taunton, Somerset, TA1 2DN ([email protected]) are notified within five days of completion of each instance of cable repair, replacement or protection replenishment activity.

The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning of the authorised development seaward of MHWS exhibit such lights, marks, sounds, signals and other aids to navigation, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

The undertaker must provide reports to Trinity House on the availability of aids to navigation in accordance with the frequencies set out in the aids to navigation management plan agreed pursuant to condition 22(1)(h) using the reporting system provided by Trinity House.

The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning of the authorised development seaward of MHWS notify Trinity House and the MMO in writing of any failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.

In the event that the provisions of condition16(12) or16(13) are invoked, the undertaker must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.

Any jack up barges or vessels utilised during the licensed activities, when jacked up, must exhibit signals in accordance with the UK Standard Marking Schedule for Offshore Installations.

The undertaker must ensure that any coatings and/or treatments are suitable for use in the marine environment and are used in accordance with relevant guidelines approved by the Health and Safety Executive.

The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment, including bunding of 110% of the total volume of all reservoirs and containers.

The undertaker must inform the MMO of the location and quantities of material disposed of each month under the Order, by submission of a disposal return by 31 January each year for the months August to January inclusive, and by 31 July each year for the months February to July inclusive.

The undertaker must ensure that only inert material of natural origin, produced during the drilling installation of or seabed preparation for foundations, vessels or cables and drilling mud is disposed of within the Order limits seaward of MHWS.

The undertaker must ensure that any rock material used in the construction of the authorised scheme is from a recognised source, free from contaminants and containing minimal fines.

In the event that any rock material used in the construction of the authorised development is misplaced or lost below MHWS, the undertaker must report the loss to the MMO Local Office in writing within 48 hours of becoming aware of it and if the MMO, in consultation with the MCA and Trinity House, reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the undertaker must endeavour to locate the material and recover it at its own expense.

The undertaker must ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete and cement mixing and washing areas should be contained to prevent run off entering the marine environment through the freeing ports.

If, due to stress of weather or any other cause the master of a vessel determines that it is necessary to deposit the authorised deposits within or outside of the Order limits because the safety of human life and/or of the vessel is threatened, within 48 hours full details of the circumstances of the deposit must be notified to the MMO in the manner provided in condition 20(9).

The unauthorised deposits must be removed at the expense of the undertaker unless written approval is obtained from the MMO.

Pre-construction archaeological investigations and pre-commencement material operations which involve intrusive seabed works must only take place in accordance with a method statement produced under the written scheme of investigation specific to the relevant pre-construction activities (which must accord with the details set out in the outline marine written schemes of investigation) which has been submitted to and approved by the MMO in consultation with the statutory historic body.

In the event that driven or part-driven pile foundations are proposed to be used, the hammer energy used to drive or part-drive monopile foundations must not exceed 7,000kJ and the hammer energy used to drive or part-drive pin pile foundations must not exceed 3,000kJ.

No more than two main vessels may be engaged at any time in activities related to piling for the licenced activities. There will only be a maximum installation of two monopile foundations or 8 pin piles within a 24-hour period. It is possible for installation of the two piled foundations to occur concurrently i.e. within a 24-hour period at up to two locations within the area of Work No. 2 or up to two locations within the array. The two piled foundation locations may also be piled sequentially.

Percussive piling associated with wind turbine generator foundations, together with cable laying or seabed preparation must not take place between 1 November to 24 January (inclusive) in any year within the southern array area for the protection of spawning herring unless otherwise agreed in writing by the MMO. For the purposes of this condition “southern array area” means the area identified as having medium to high confidence in terms of suitability for herring spawning within the heatmapping exercise detailed within the Fish and Shellfish Ecology Technical Baseline Report.

The undertaker must, before submitting any pre-construction plans and documentation required under this condition, provide a copy of the plans and documentation to any other undertaker to whom part of the benefit of this Order has been transferred or leased pursuant to article 7 (benefit of the Order) of the Order.

The undertaker to whom part of the benefit of the Order has been transferred or leased pursuant to article 7 (benefit of the Order) must provide any comments on the plans and documentation to the undertaker within 14 days of receipt.

The undertaker must participate in liaison meetings as requested from time to time by the MMO in writing in advance and must consider such matters as are determined by the MMO relating to the efficient operation of a deemed marine licence issued under this Order (including as varied or transferred).

Except where otherwise stated or agreed in writing with the MMO, each programme, statement, plan, protocol or scheme required to be approved under condition 22 (save for that required under condition 22(1)(f)) must be submitted for approval at least six months prior to the intended commencement of the relevant stage of the licensed activities.

The MMO must determine an application for approval made under condition 22 within a period of six months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker, such agreement not to be unreasonably withheld or delayed.

The licensed activities must be carried out in accordance with the approved plans, protocols, statements, schemes and details approved under condition 22, unless otherwise agreed in writing by the MMO.

The plans, protocols, statements, schemes and details submitted under condition 22 must ensure that any residual effects fall within the scope of those predicted in the environmental statement.

No piling activities can take place until a southern north sea special area of conservation site integrity plan (“SIP”), which accords with the principles set out in the outline southern north sea special area of conservation site integrity plan has been submitted to, and approved in writing, by the MMO in consultation with the relevant statutory nature conservation body.

The SIP submitted for approval must contain a description of the conservation objectives for the Southern North Sea Special Area of Conservation (“SNS SAC”) as well as any relevant management measures and it must set out the key statutory nature conservation body advice on activities within the SNS SAC relating to piling as set out within the JNCC Guidance and how this has been considered in the context of the authorised scheme.

The SIP must be submitted in writing to the MMO no sooner than nine months and no later than six months prior to the commencement of piling activities.

In approving the SIP the MMO must determine whether the authorised scheme at the preconstruction stage, in-combination with other plans and projects, would be in line with the JNCC Guidance.

The approved SIP may be amended with the prior written approval of the MMO, in consultation with the relevant statutory nature conservation body, where the MMO determines that the authorised development, in-combination with other plans or projects at the pre-construction stage, is in line with the JNCC Guidance.

No stage of the authorised development may commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised development contained within MGN654 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes.

No stage of the authorised development may commence until the MMO, in consultation with the MCA, has confirmed in writing that an emergency response co-operation plan has been prepared by the undertaker.

Any changes to the supplied details must be notified to the MMO in writing prior to the agent, contractor or vessel engaging in the licensed activities.

The pre-construction survey(s) carried out pursuant to sub-paragraphs (2)(a)(ii) and (2)(b) must fulfil the requirements of MGN654 and its supporting ‘Hydrographic Guidelines for Offshore Renewable Energy Developer’ (as relevant).

The undertaker must carry out the surveys specified within the monitoring plan or plans in accordance with that plan or plans, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.

Following completion of a survey carried out pursuant to this condition and prior to construction of the relevant stage, the undertaker must provide a report and full density data of the survey outcomes to the MMO, the relevant statutory nature conservation body, the MCA, the PLA and UK Hydrographic Office as relevant.

In the event that the reports provided to the MMO under sub-paragraph (5) identify impacts which are unanticipated and/or in the view of the MMO in consultation with the relevant statutory nature conservation body are significantly beyond those predicted within the Environmental Statement, the Habitats Regulations Assessment, and the Marine Conservation Zone Assessment, an adaptive management plan to reduce effects to within what was predicted within the Environmental Statement, the Habitats Regulations Assessment, and the Marine Conservation Zone Assessment, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body, must be submitted by the undertaker. The adaptive management plan, intended to reduce effects to an agreed suitable level, must be approved in writing by the MMO in consultation with the relevant statutory nature conservation body. Any such approved alternative and/or adaptive management must be implemented and monitored in full. In the event that this alternative and/or adaptive management requires a separate consent, the undertaker must apply for such consent. Where a separate consent is required to undertake the approve alternative and/or adaptive management, the undertaker shall only be required to undertake the alternative and/or adaptive management once the consent is granted.

Any monitoring report compiled in accordance with the monitoring schemes required under sub-paragraph (1) must be made publicly available and submitted (where relevant) to The Crown Estate Marine Data Exchange, the relevant Local Environmental Records Centre, and any relevant environmental recording schemes no later than six months following completion of the monitoring, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.

The undertaker must, in discharging condition 22(1)(e), submit a construction monitoring plan or plans for that stage in accordance with the offshore in principle monitoring plan for written approval by the MMO in consultation with the relevant statutory nature conservation body, which must include details of any proposed construction monitoring, including methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.

In the event that the reports provided to the MMO under sub-paragraph (3) identify impacts which are unanticipated and/or in the view of the MMO in consultation with the relevant statutory nature conservation body are significantly beyond those predicted within the Environmental Statement, the Habitats Regulations Assessment, and the Marine Conservation Zone Assessment, an adaptive management plan to reduce effects to within what was predicted within the Environmental Statement, the Habitats Regulations Assessment, and the Marine Conservation Zone Assessment, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body, must be submitted by the undertaker. The adaptive management plan, intended to reduce effects to an agreed suitable level, must be approved in writing by the MMO in consultation with the relevant statutory nature conservation body. Any such approved alternative and/or adaptive management must be implemented and monitored in full. In the event that this alternative and/or adaptive management requires a separate consent, the undertaker must apply for such consent. Where a separate consent is required to undertake the approve alternative and/or adaptive management, the undertaker shall only be required to undertake the alternative and/or adaptive management once the consent is granted.

Any monitoring report compiled in accordance with the monitoring schemes required under sub-paragraph (1) must be made publicly available and submitted (where relevant) to The Crown Estate Marine Data Exchange, the relevant Local Environmental Records Centre, and any relevant environmental recording schemes no later than six months following completion of the monitoring, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.

In the event that driven or part-drive pile foundations are proposed, the monitoring plan submitted under condition 28(1) must include measurements of noise generated by the installation of at least four of the first twelve piled foundations of each piled foundation type to be installed unless agreed in writing by the MMO, in consultation with the relevant statutory nature conservation bodies.

The results of the initial noise measurements monitored in accordance with sub-paragraph (1) must be provided in writing to the MMO within six weeks of the installation (unless otherwise agreed) of the first four of each piled foundation monitored in accordance with sub-paragraph (1). The assessment of this report by the MMO will determine whether any further noise monitoring is required. If in the reasonable opinion the MMO in consultation with the relevant statutory nature conservation body, determines that the assessment shows impacts significantly in excess to those assessed in the environmental statement and/or that there has been failures in the mitigation deployed, all piling activity must cease until either contingency measures approved within the marine management mitigation protocol have been implemented or an update to the marine mammal mitigation protocol and further monitoring requirements have been agreed.

The undertaker must, in discharging condition 22(1)(e), submit a post-construction monitoring plan or plans for that stage in accordance with an offshore in principle monitoring plan for written approval by the MMO in consultation with the relevant statutory nature conservation body including details of proposed post-construction surveys, including methodologies (including appropriate buffers, where relevant) and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must be in accordance with the principles set out in the offshore in principle monitoring plan and must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the preconstruction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with the relevant statutory nature conservation body.

Within 12 weeks of completion of any cable repair or replacement works, the undertaker must undertake a post installation survey along the section of cable that has undergone repair or replacement to demonstrate the successful burial of the cable, and submit a report to the MMO, the MCA, and Trinity House in writing on its findings.

In the event that the reports provided to the MMO under sub-paragraphs (3) and (4) identify impacts which are unanticipated and/or in the view of the MMO in consultation with the relevant statutory nature conservation body are significantly beyond those predicted within the Environmental Statement, the Habitats Regulations Assessment, and the Marine Conservation Zone Assessment, an adaptive management plan to reduce effects to within what was predicted within the Environmental Statement, the Habitats Regulations Assessment, and the Marine Conservation Zone Assessment, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body, must be submitted by the undertaker. The adaptive management plan, intended to reduce effects to an agreed suitable level, must be approved in writing by the MMO in consultation with the relevant statutory nature conservation body. Any such approved alternative and/or adaptive management must be implemented and monitored in full. In the event that this alternative and/or adaptive management requires a separate consent, the undertaker must apply for such consent. Where a separate consent is required to undertake the approve alternative and/or adaptive management, the undertaker shall only be required to undertake the alternative and/or adaptive management once the consent is granted.

Any monitoring report compiled in accordance with the monitoring schemes required under sub-paragraph (1) must be made publicly available and submitted (where relevant) to The Crown Estate Marine Data Exchange, the relevant Local Environmental Records Centre, and any relevant environmental recording schemes no later than six months following completion of the monitoring, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.

The undertaker must notify the MMO in writing of the successful submission of Forward Look or Close Out data pursuant to sub-paragraph (1) above within 7 days of the submission.

For the purpose of this condition, “Forward Look” and “Close Out” mean the requirements as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) as amended, updated or superseded from time to time.

An annual maintenance report must be submitted to the MMO in writing within one month following the first anniversary of the date of commencement of operations, and every year thereafter until the permanent cessation of operation.

The report must provide a record of the licensed activities as set out in condition 13 during the preceding year, the timing of activities and methodologies used.

The licenced activities must not be commenced until a written scheme setting out the stages of construction of the authorised development seaward of MHWS has been submitted to and approved by the MMO in writing.

The scheme must be implemented as approved.

The written scheme referred to in sub-paragraph (1) must be submitted to the MMO in writing four months prior to the planned commencement of the licenced activities.

The undertaker must submit a close out report in writing to the MMO and the relevant statutory nature conservation body within three months of the date of completion of construction. The close out report must confirm the date of completion of construction and must include the final number of installed offshore electrical installations.

Following completion of construction, no further construction activities can be undertaken under this licence.

Not more than four months following completion of the construction of the authorised development, the undertaker must provide the MMO and the relevant statutory nature conservation bodies with a report setting out details of the cable protection used for the authorised development.