- access road
means the road providing access to Centrica’s power station from Chase Hill Road;
- accumulation
means any accumulation of silt or other material that constitutes an impediment to navigation;
- alternative apparatus
means alternative apparatus adequate to enable Anglian Water to fulfill its statutory functions in no less efficient a manner than previously;
- ancillary works
means the ancillary works described in Part 2 of Schedule 1 (authorised project) and any other works authorised by this Order that are not development within the meaning of section 32 of the 2008 Act;
- Anglian Water
means Anglian Water Services Limited (company number 02366656);
- Annex 1 habitat
means a habitat set out in Annex 1 to Council Directive 92/43/EEC of 21st May 1992 on the conservation of natural habitats and of wild fauna and flora;
- apparatus
means Centrica’s pipelines, cables, structures, or other electrical, gas or telecommunication infrastructure owned, occupied or maintained by Centrica for the purposes of its undertaking;
- appropriate mitigation
means measures to mitigate any adverse impacts which the operation of the authorised development will have on the ability of the operator’s radar early warning system to ensure the safety of its Saturn, Mimas and Tethys offshore platforms during the life of the authorised development;
- approving party
means the party from whom an approval should be, has been or should have been obtained under this Part, being— (a) in the case of specified works by C.GEN, Optimus Wind and Breesea, to the extent that they continue to have powers under this Order in respect of any part of the Order land shown numbered 503, 505, 506, 507 or 509 on the land plans, and any party who has powers under this Order in respect of that Order land by virtue of article 35 (transfer of benefit of Order);
- associated company
means any company that is (within the meaning of section 1159 of the Companies Act 2006) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;
- authorised deposits
means the substances and articles specified in clause 2(3) of Part 1 of this licence;
- authorised development
means the development described in Part 1 of Schedule 1 and any other development authorised by this Order that is development within the meaning of section 32 of the 2008 Act;
- authorised project
means the authorised development and the ancillary works;
- authorised scheme
means Work No. 1A described in clause 2 of Part 1 of this licence;
- book of reference
means the document certified as the book of reference by the Secretary of State under article 40 (certification of plans, etc.);
- Breesea
means Breesea Limited (company number 07883217);
- Cefas
means the Centre for Environment, Fisheries and Aquaculture Science or any replacement body;
- Centrica
means Centrica plc (company number 03033654) and all of its subsidiaries and group companies including but not limited to Centrica KPS Limited (company number 05006144), Centrica Storage Limited (company number 03294124) and Centrica Energy Limited (company number 02877398) or any successor company in title and function;
- commence
means commence any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised development other than operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions and remedial work in respect of any contamination or other adverse ground conditions;
- compensation compound
means a construction working site forming part of the associated development and shown coloured green on the compensation compounds plan, the purpose of which is to compensate the Hornsea Project One undertaker in the event that the use by the Hornsea Project One undertaker of the Hornsea Project One construction compounds is restricted or prevented by the undertaker carrying out the authorised project;
- compensation compound access
means an access forming part of the associated development and shown coloured pink on the compensation compounds plan, the purpose of which is to access a compensation compound;
- compensation compounds plan
means the plans certified as the compensation compounds plan by the Secretary of State under article 40;
- Condition
means a condition set out in Part 2 of this licence;
- conduit system
has the same meaning as in the electronic communications code;
- connection works
means Work Nos. 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B and 10 and any related associated development;
- ConocoPhillips
means ConocoPhillips (U.K.) Limited (company number 00524868);
- construction
includes execution, placing, altering, replacing, reconstruction, relaying, maintenance, extensions, enlargement and removal;
- construction vessel
means any vessel involved in the course of or used for the construction and/or maintenance of the authorised project;
- controlled waters
has the meaning given in Part 3 of the Water Resources Act 1991.
- crossing zones
means those areas of land shown coloured green on the Plan;
- debris
means items or equipment of a significant size left on the seabed being lost from survey or construction vessels or the structures comprised within the authorised scheme;
- deemed marine licence
means a marine licence set out in Schedule 8, 9, 10 or 11;
- dominant land
means the Order land shown numbered 500 and 506 on the land plans;
- drainage authority
means— (a) in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 of the Land Drainage Act 1991;
- drainage ditch
means the ditch shown by a black line marked “Drain” on the Plan;
- drainage work
means any watercourse other than the River Humber and includes any land that provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence, sea defence or tidal monitoring;
- electrical circuit
means a number of electrical conductors necessary to transmit electricity between 2 points within the authorised development comprising— (a) in the case of HVAC transmission, 3 conductors which may be bundled as 1 cable or (onshore) take the form of 3 separate cables;
- electrical transmission station
means an onshore HVDC converter substation or HVAC substation required for connecting the electrical circuits to the National Grid;
- electronic communications apparatus
has the same meaning as in the electronic communications code;
- electronic communications code
has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;
- electronic communications code network
means— (a) so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act;
- electronic communications code operator
means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;
- EMI
means, subject to sub-paragraph (2), electromagnetic interference with Network Rail’s apparatus generated by the operation of the authorised development, where such interference is of a level that adversely affects the safe operation of Network Rail’s apparatus;
- enforcement officer
means a person authorised to carry out enforcement duties under Chapter 3 of Part 4 of the 2009 Act;
- engineer
means an engineer appointed by Network Rail for the purposes of this Order;
- environmental statement
means the document certified as the environmental statement by the Secretary of State under article 40;
- erosion
means any erosion of the bed or banks of the River Humber or of any jetty or other structure of whatever nature;
- European offshore marine site
has the meaning given in regulation 15 of the 2007 Regulations;
- European site
has the meaning given in regulation 24 of the 2007 Regulations;
- functions
includes powers and duties;
- gravity base foundation
means— (a) a structure principally of concrete or steel (or both) that rests on the seabed due to its own weight and that of added ballast or to the weight of water above it and may include associated equipment including suction piles, J-tubes and access platforms;
- grid connection land
means the C.GEN relevant land, the thermal buffer zone and the crossing zones;
- hedgerow
has the same meaning as in the Hedgerows Regulations 1997.
- high tide
means the state of the tide when it reaches its highest level during a tidal cycle, as may be published from time to time on the UK Hydrographic Office Admiralty EasyTide Website or such other publication as may be approved by the MMO;
- Hornsea One
means the wind farms to be constructed pursuant to the Hornsea One Order including, whether pursuant to the Hornsea One Order or otherwise, all elements of the connection of the wind farms to the National Grid at North Killingholme substation;
- Hornsea One companies
means all such undertakers;
- Hornsea One company
means an undertaker with the benefit of all or part of the Hornsea One Order for the time being, being the holder of a licence under section 6 of the 1989 Act;
- Hornsea One disposal areas
means disposal site reference HU209 and HU210 whose co-ordinates are specified in the deemed marine licence in Schedule 11 to the Hornsea One Order;
- Hornsea One Order
means the Hornsea One Offshore Wind Farm Order 2014;
- Hornsea One Order land
means the land within the Order limits defined in the Hornsea One Order together with the land edged red on plan HOW01095_4 submitted to support planning application reference PA/2015/0398 submitted to North Lincolnshire Council;
- Hornsea Project One construction compounds
means the working sites to be used in connection with the construction of the works authorised by the Hornsea One Offshore Wind Farm Order 2014 and forming part of the associated development authorised by that Order;
- Hornsea Project One undertaker
means Heron Wind Limited (company number 07640868) or any other person who has the benefit of the Hornsea One Offshore Wind Farm Order 2014 in respect of the works or operations authorised by that Order that are landward of MHWS;
- Hornsea Project Substation Site
means the site shown outlined in pink on the Plan;
- Humber Local Enterprise Partnership
means the local enterprise partnership established in June 2011 with the objective of promoting and developing the natural economic area surrounding the Humber estuary.
- HVAC
means high voltage alternating current;
- HVDC
means high voltage direct current;
- in-principle monitoring plan
means the document certified as the in-principle monitoring plan by the Secretary of State under article 40;
- intertidal area
means the area between MHWS and MLWS;
- intertidal works plans
means the part of the works plans described as the intertidal works plans;
- intra-array electrical circuits
means the electrical circuits referred to in paragraph (b) of the description of Work No. 1A and in paragraph (b) of the description of Work No. 1B;
- jacket foundation
means a lattice construction comprising tubular members and joints fixed to the seabed with piles (either driven/drilled piles or suction piles) which will include platforms and J-tubes and may include braced monopiles and a transition piece;
- Kingfisher Fortnightly Bulletin
means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO;
- land plans
means the plans certified as the land plans by the Secretary of State under article 40;
- LAT
means lowest astronomical tide;
- licensed activities
means the activities specified in Part 1 of this licence;
- limits of deviation
means the limits of deviation for the Works shown on the works plans;
- local planning authority
means, in relation to any land or part of the authorised development, the district council or unitary authority for the area in which the land or part of the development is situated;
- main river
has the meaning given by the Water Resources Act 1991;
- maintain
includes inspect, repair, adjust, alter, remove, reconstruct and replace any of the authorised development;
- major storm event
means a greater than 1 in 10 year wave event within the offshore Order limits seaward of MHWS in terms of wave height, measured by reference to the height of waves recorded at the nearest wave buoy to the authorised scheme as agreed with the MMO and the WaveNet data published by Cefas, or such other means of measurement as may be agreed with the MMO;
- marine export cable area
means the area described as such whose co-ordinates are set out in Part 1 of Schedule 1 and listed in the offshore works plans;
- Marine Noise Registry
means the online database maintained by the Joint Nature Conservation Committee on behalf of the Department of Environment, Food and Rural Affairs that records the spatial and temporal distribution of impulsive noise-generating activities in United Kingdom seas in order that they can be analysed to determine whether they may potentially compromise the achievement of good environmental status;
- MCA
means the Maritime and Coastguard Agency;
- MHWS
(mean high water springs) means the highest level which spring tides reach on average over a period of time;
- MLWS
(mean low water springs) means the lowest level which spring tides reach on average over a period of time;
- MMO
means the Marine Management Organisation;
- mode of transmission
means whichever of the HVAC or HVDC technologies is chosen by the undertaker as the means of transmitting electricity by cable for the purposes of the authorised project;
- monopile foundation
means a foundation comprising a large diameter steel or concrete tube or pile driven vertically into the seabed, J-tubes and platforms and may include external structural devices such as bracing members or steel anchor wires and a transition piece;
- network licence
means the network licence, as amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of the powers in section 8 of the Railways Act 1993;
- Network Rail
means— (a) Network Rail Infrastructure Limited (company number 2904587);
- notice to mariners
includes any notice to mariners which may be issued by Admiralty, Trinity House, Queen’s harbourmasters, government departments and harbour and pilotage authorities;
- offshore accommodation platform
means a platform housing or incorporating temporary accommodation, landing ports for vessels and helicopters, standby electricity generation equipment, marking and lighting and other equipment facilities to assist in the co-ordination of marine activities related to the authorised development;
- offshore HVAC collector substation
means a structure serving as a collection point for the intra-array electrical circuits and containing equipment for the purpose of transforming the electricity generated at the wind turbine generators to a higher voltage;
- offshore HVDC converter substation
means a structure that contains equipment to convert HVAC electricity to HVDC electricity;
- offshore Order limits
means the limits shown on the offshore works plans and the intertidal works plans within which the authorised scheme may be carried out whose grid co-ordinates are set out in clause 2(2) of Part 1 of this licence;
- offshore reactive compensation substation
means a structure housing electrical reactors for the purpose of limiting electrical losses in the course of HVAC transmission by providing reactive compensation;
- offshore works plans
means the part of the works plans described as the offshore works plans;
- onshore works plans
means the part of the works plans described as the onshore works plans;
- operator
means the operator of an electronic communications code network;
- Optimus Wind
means Optimus Wind Limited (company number 07883284);
- Order
means the Hornsea Two Offshore Wind Farm Order 2016;
- Order land
means the land shown on the land plans that is within the limits of land to be acquired or used and described in the book of reference;
- Order limits
means the limits shown on the works plans within which the authorised project may be carried out;
- ordinary watercourse
has the meaning given in the Land Drainage Act 1991;
- outline code of construction practice
means the document certified as the outline code of construction practice by the Secretary of State under article 40;
- outline ecological management plan
means the document certified as the outline ecological management plan by the Secretary of State under article 40;
- outline employment and skills plan
means the document certified as the outline employment and skills plan by the Secretary of State under article 40;
- outline landscape scheme and management plan
means the document certified as the outline landscape scheme and management plan by the Secretary of State under article 40;
- overwintering period
means the period between 1st October and 31st March (inclusive).
- P66
means Phillips 66 Limited (company number 529086);
- pipeline
means the crude oil pipeline owned and operated by P66 used at various times for the passage of multi-purpose hydrocarbon fuels and all ancillary apparatus including such works and apparatus properly appurtenant to the pipeline as are specified by section 65(2) of the Pipe-lines Act 1962;
- Plan
means the plan certified as the C.GEN protective provisions plan by the Secretary of State under article 40 (certification of plans, etc.);
- plans
includes sections, drawings, specifications, designs, design data, software, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of the grid connection land;
- Project A works
means Work Nos. 1A, 2A, 3A, 4A, 5A, 6A, 7A, 8A and 9A;
- Project B works
means Work Nos. 1B, 2B, 3B, 4B, 5B, 6B, 7B, 8B and 9B;
- promoting party
means the party who is seeking, has sought or should have sought an approval under this Part, being— (a) the undertaker, in the case of specified works by the undertaker;
- proposed Hornsea One circuit route
means the proposed route for any electrical circuit to serve Hornsea One as shown on plans produced to the undertaker by the relevant Hornsea One company pursuant to paragraph 16;
- public communications provider
has the same meaning as in section 151(1) of the 2003 Act;
- public sewer or drain
means a sewer or drain that belongs to the Environment Agency, a harbour authority within the meaning of section 57 of the Harbours Act 1964 (interpretation), an internal drainage board, a local authority or a sewerage undertaker;
- public utility undertaker
has the same meaning as in the 1980 Act.
- radar early warning system
means the radar early warning system used to monitor and track vessels proximate to the operator’s offshore facilities via radio and network links (which is comprised primarily of radars fitted on a number of operator’s offshore platforms and provides a multi-site, multi-sensor integrated marine surveillance system with logistic and emergency response co-ordination facilities).
- railway operational procedures
means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;
- railway property
means— (a) any railway belonging to Network Rail;
- relevant costs
means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any act or omission as mentioned in sub-paragraph (1);
- relevant highway authority
means the highway authority in whose area the selected base port is located;
- relevant Hornsea One company
means the Hornsea One company whose undertaking includes the part of Hornsea One or the part of the Hornsea One Order land affected by the particular proposals of the undertaker;
- relevant planning authority
means the local planning authority in whose area the selected base port is located;
- relevant site
means—
- relevant undertaker
means— (a) in relation to works that are Project A works or associated development or ancillary works relating to Project A works, Optimus Wind;
- Requirements
means a Requirement set out in Part 3 of Schedule 1;
- selected base port
means a port situated in England and/or Wales and used by management personnel for the construction or ongoing operational management of the authorised development (or both).
- servient land
means any pond, ponds or any watercourse on land under the ownership of C.GEN as at the date of this Order;
- shared works
means Work No. 10;
- Southern North Sea possible Special Area of Conservation
means the Southern North Sea possible Special Area of Conservation as set out in the JNCC 2016 Harbour Porpoise Possible Special Area of Conservation Consultation dated January 2016.
- specified work
means so much of any of the authorised development as is situated on, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.
- specified works
means so much of Work Nos. 6A and 6B and any associated development or ancillary works as are within A.
- street
means a street within the meaning of section 48 of the 1991 Act together with land on the verge of a street or between 2 carriageways and includes part of a street;
- suction pile
means a large diameter steel cylinder that is fixed to the base of a foundation, partially penetrates the seabed and remains in place using its weight and hydrostatic pressure differential;
- survey vessel
means a vessel licensed to carry out environmental or engineering surveys;
- thermal buffer zone
means the area of land shown coloured red on the Plan.
- train operator
means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.
- trenchless technique
means a method of installation that allows ducts and cables to be installed under an obstruction without breaking open the ground and digging a trench (examples of such techniques include horizontal directional drilling, thrust boring, auger boring and pipe ramming);
- tribunal
means the Lands Chamber of the Upper Tribunal;
- Trinity House
means the Corporation of Trinity House of Deptford Strond;
- undertaker
means, subject to article 35(8) (transfer of benefit of Order),— (a) for the purposes of constructing, maintaining and operating the Project A works and any associated development or ancillary works relating to those works, Optimus Wind;
- utility undertaker
means— (a) a licence holder within the meaning of Part 1 of the 1989 Act;
- vessel
means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water that is at the time in, on or over water;
- VPI
means VPI Immingham LLP (registered number OC300980).
- watercourse
includes any river, stream, ditch, drain, cut, culvert, dyke, sluice, sewer and passage through which water flows except a public sewer;
- wind farm area
means the area described as such whose co-ordinates are set out in Part 1 of Schedule 1;
- wind turbine generator
means a structure comprising any or all of a tower, rotor, blades, nacelle and ancillary electrical and other equipment or structures, which may include lighting and a helicopter platform, fixed to a foundation;
- Work
means a Work, or part of a Work, set out in Part 1 of Schedule 1;
- Work No. 1A
means an offshore wind generating station within the wind farm area and described as Work No. 1A in Part 1 of Schedule 1 to the Order;
- Work No. 1B
means an offshore wind generating station within the wind farm area and described as Work No. 1B in Part 1 of Schedule 1 to the Order;
- Work No. 2A
means up to 6 offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to 2 offshore HVDC converter substations together with a network of electrical circuits connecting the structures within Work Nos. 2A and 2B;
- Work No. 2B
means up to 6 offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to 2 offshore HVDC converter substations together with a network of electrical circuits connecting the structures within Work Nos. 2A and 2B;
- Work No. 3A
means the works described as Work No. 3A in clause 2 of Part 1 of this licence;
- Work No. 3B
means the works described as Work No. 3B in clause 2 of Part 1 of this licence;
- Work No. 4A
means a marine connection to the shore, including cable and pipeline crossing works which— (a) if the mode of transmission is HVAC, consists of up to 8 subsea electrical circuits proceeding from the offshore HVAC collector substations comprised in Work No. 2A via and connecting with the offshore reactive compensation substation comprised in Work No. 3A;
- Work No. 4B
means the works described as Work No. 4B in clause 2 of Part 1 of this licence;
- Work No. 5A
means the works described as Work No. 5A in clause 2 of Part 1 of this licence;
- Work No. 5B
means a foreshore connection consisting of an extension of the electrical circuits comprised in Work No. 4B, including cable crossing works, crossing under the existing sea wall using a trenchless technique and terminating at the electrical circuit transition joint bays comprising Work No. 6B;
- Work No. 6A
means up to 8 underground electrical circuit transition joint bays in the vicinity of Horseshoe Point in the parish of North Coates in the county of Lincolnshire, housing the connections between the offshore electrical circuits comprised in Work No. 5A and the onshore electrical circuits;
- Work No. 6B
means up to 8 underground electrical circuit transition joint bays in the vicinity of Horseshoe Point in the parish of North Coates in the county of Lincolnshire, housing the connections between the offshore electrical circuits comprised in Work No. 5B and the onshore electrical circuits;
- working day
means any day other than a Saturday, Sunday or public holiday in England and Wales;
- works plans
means the plans certified as the works plans by the Secretary of State under article 40 comprising the offshore works plans, the intertidal works plans and the onshore works plans.