The Associated British Ports (Immingham Green Energy Terminal) Order 2025

SCHEDULE 3 DEEMED MARINE LICENCE

Article 47 PART 1 GENERAL Interpretation 1 In this Schedule— “the 2008 Act” means the Planning Act 2008; “the 2009 Act” means the Marine and Coastal Access Act 2009; “the 2017 Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017; “2023 sediment sampling plan” means— the document of that name identified in the table at Schedule 15 (documents and plans to be certified) of the Order and which has been certified by the Secretary of State as the 2023 sediment sampling plan for the purposes of the Order, which sets out— a detailed dredging methodology; dredge locations; dredge amounts (total and annual, if applicable); dredge depths; duration of dredging activities; whether the dredge is a capital dredging activity or a maintenance dredging activity; and specific gravity of the material or material type; and any sediment sampling analyses submitted to the MMO related to the plan to which sub-paragraph (a) refers prior to its expiry; “the authorised development” has the meaning given in paragraph 3(2); “business day” means a day other than a Saturday or Sunday, Good Friday, Christmas Day or a bank holiday in England and Wales under section 1 of the banking and Financial Dealings Act 1971; “business hours” means the period from 09:00 until 17:00 on any business day; “capital dredge” means dredging to a depth not previously dredged, or to a depth not dredged within the last 10 years and is generally undertaken to create or deepen navigational channels, berths or to remove material deemed unsuitable for the foundation of a construction project and “capital dredging” is to be construed accordingly; “Chart Datum” means 3.9 m below ordinance datum (Newlyn), corresponding with a depth of 7.6m of the outer sill of the Port of Immingham; “cold weather construction restriction strategy” means the strategy of that description referred to in paragraph 11 of this Schedule; “commence” means beginning to carry out any part of a licensed activity and “commenced” and “commencement” are to be construed accordingly; “condition” means a condition in Part 2 and Part 3 of this licence and references in this licence to numbered conditions are to the conditions with those numbers in Part 2; “consolidated dredged materials” mean materials including glacial clay with a diameter of less than 31.25 micrometres and gravel with a diameter of at least 2 and less than 64 millimetres; “environmental statement” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) of the Order and which has been certified by the Secretary of State as the environmental statement for the purposes of the Order; “existing marine licence” means licence L/2014/00429 and any variation to it or any subsequent equivalent successor licence as may be granted that permits the disposal of dredged arisings from the Port of Immingham; “flood risk assessment” means the flood risk assessment contained in appendix 18A of the environmental statement; “further sediment sampling plan” means— any further sediment sampling plan approved by the MMO in accordance with paragraph 9(2) of this Schedule which sets out— a detailed dredging methodology; dredge locations; dredge amounts (total and annual, if applicable); dredge depths; duration of dredging activities; whether the dredge is a capital dredging activity or a maintenance dredging activity; and specific gravity of the material or material type; and any sediment sampling analyses submitted by the MMO related to the plan to which sub-paragraph (a) refers prior to its expiry; “high water” means daily high tides in every lunar day; “HU056” means the area bounded by co-ordinates (53°39.3000’N, 00°10.4898’W), (53°39.0499’N, 00°10.4700’W), (53°38.8201’N, 00°09.4398’W), (53°39.3000’N, 00°10.4898’W); “HU060” means the area bounded by co-ordinates (53°39.3000’N, 00°10.4898’W) (53°38.7499’N, 00°10.4536W); (53°38.7575’N, 00°10.4677’W), (53°38.7648’N, 00°10.4823’W), (53°38.7718’N, 00°10.4974’W), (53°38.7784’N, 00°10.5128’W), (53°38.7847’N, 00°10.5287’W), (53°38.7906’N, 00°10.5450’W), (53°38.7962’N, 00°10.5617’W), (53°38.8013’N, 00°10.5787’W), (53°38.8061’N, 00°10.5960’W), (53°38.8105’N, 00°10.6136’W), (53°38.8145’N, 00°10.6315’W), (53°38.8181’N, 00°10.6496’W), (53°38.8213’N, 00°10.6679’W), (53°38.8240’N, 00°10.6864’W), (53°38.8264’N, 00°10.7051’W), (53°38.8283’N, 00°10.7239’W), (53°38.8298’N, 00°10.7428’W), (53°38.8309’N, 00°10.7618’W), (53°38.8315’N, 00°10.7809’W), (53°38.8317’N, 00°10.8000’W), (53°38.8315’N, 00°10.8191’W), (53°38.8309’N, 00°10.8382’W), (53°38.8298’N, 00°10.8572’W), (53°38.8283’N, 00°10.8761’W), (53°38.8264’N, 00°10.8949’W), (53°38.8240’N, 00°10.9136’W), (53°38.8213’N, 00°10.9321’W), (53°38.8181’N, 00°10.9504’W), (53°38.8145’N, 00°10.9685’W), (53°38.8105’N, 00°10.9864’W), (53°38.8061’N, 00°11.0040’W), (53°38.8013’N, 00°11.0213’W), (53°38.7962’N, 00°11.0383’W), (53°38.7906’N, 00°11.0550’W), (53°38.7847’N, 00°11.0713’W), (53°38.7784’N, 00°11.0872’W), (53°38.7718’N, 00°11.1026’W), (53°38.7648’N, 00°11.1177’W), (53°38.7575’N, 00°11.1323’W), (53°38.7499’N, 00°11.1464’W), (53°38.7439’N, 00°11.1567’W), (53°38.7438’N, 00°11.1564’W), (53°38.5320’N, 00°10.8000’W), (53°38.7438’N, 00°10.4436’W) and (53°38.7439’N, 00°10.4434’W); “licensable activity” means an activity licensable under section 66 of the 2009 Act; “licensed activity” means any activity authorised in paragraph 3 of this Schedule; “maintenance dredge” means a dredge undertaken to keep channels, berths and other areas at their designed depths, involving removing recently accumulated sediments such as mud, sand and gravel to a level that is not lower than it has been at any time during the past 10 years and “maintenance dredging” is to be construed accordingly; “marine piles” means piles that will be in a free water condition during construction; “MCMS” means the Marine Case Management System provided by the MMO; “mean high water springs” means the average of high water heights occurring at the time of spring tides; “mean low water springs” means the average of low water heights occurring at the time of spring tides; “the MMO” means the Marine Management Organisation; “outline marine written scheme of investigation” means the outline marine archaeological written scheme of investigation contained in appendix 15B to the environmental statement; “Notice to Mariners” means any notice to mariners which may be issued by the Admiralty, Trinity House, the King’s harbour masters, government departments or harbour and pilotage authorities advising mariners of important matters affecting navigational safety; “the Order” means the Associated British Ports (Immingham Green Energy Terminal) Order 2025; “outline construction environmental management plan” means the document of that name identified in the table at Schedule 15 (documents and plans to be certified) of the Order and which has been certified by the Secretary of State as the outline construction environmental management plan for the purposes of the Order; “percussive piles” means driven piles but excludes the handling, placing and vibro-driving of piles; “percussive piling” for the purposes of this licence means the driving of piles by percussive means but does not include the handling, placing or vibro-driving of piles and a “marine pile” means a pile which will, during construction, be in a free-water state; “the Port of Immingham” has the meaning given in the Order; “relevant planning authority” has the meaning given in the Order; “the River Humber” means the tidal estuary from its mouth at the Spurn Peninsula to its confluence with the rivers Ouse and Trent; “subtidal” means areas of the bed of the estuary permanently submerged throughout the tidal cycle; “unconsolidated dredged materials” mean materials including alluvial sand with a diameter of at least 62.5 micrometres and less than two millimetres, alluvial silt with a diameter of at least 31.25 and less than 62.5 micrometres and gravel with a diameter of at least 2 and less than 64 millimetres; “undertaker” has the meaning given to “undertaker” in article 2 (interpretation) of the Order; “vessels” means every description of vessel, however propelled or moved, and includes a displacement and 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 in water and which is at the time in, on, or over water; and “the works plans” means the plans of that name identified in the table at Schedule 15 (documents and plans to be certified) and which is certified by the Secretary of State as the works plans for the purposes of the Order. (2) Unless otherwise specified, all geographical co-ordinates given in this Schedule are in latitude and longitude degrees and minutes to four decimal places. (3) Tonnages of dredged materials are expressed in wet tonnes. (4) References to sunset and sunrise are, unless otherwise agreed with the MMO, to be in accordance with the relevant daily set and rise times for the British Isles provided by HM Nautical Almanac Office. Contacts 2 (1) Unless otherwise advised in writing by the MMO, the address for postal correspondence with the MMO for the purposes of this licence is the Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH, telephone 0300 123 1032 and, unless otherwise advised in writing, where contact to the local MMO office (local office) is required, the following contact details must be used: Marine Management Organisation, The MMO District Office - Crosskill House, Mill Lane, Beverley, HU17 9JB, telephone 0208 720 1344, email – beverley@marinemanagement.org.uk. (2) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is marine.consents@marinemanagement.org.uk or where contact to the local MMO office is required is beverley@marinemanagement.org.uk. (3) Unless otherwise advised in writing by the MMO, MCMS must be used for all licence returns or applications to vary this licence. The MCMS address is: https://marinelicensing.marinemanagement.org.uk/mmofox5/fox/live/MMO_LOGIN/login. (4) Unless otherwise stated in writing by the MMO, all notifications required by this licence must be sent by the undertaker to the MMO using MCMS. Licensed marine activities 3 (1) Subject to the licence conditions in Part 2, this licence authorises the undertaker to carry out licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act which— (a) form part of, or are related to, the authorised development; and (b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 (exemption specified by order) of the 2009 Act. (2) For the purposes of this licence “the authorised development” means the construction, operation and maintenance of a liquid bulk facility on the River Humber comprising— (a) within the area shown as Work No.1a on the works plans— (i) an open piled approach jetty carrying on its surface a roadway, a footway, pipes, pipework and utilities and lighting, rising from ground level to cross over existing flood defence infrastructure and then extending from the shore in a north easterly direction connecting to a jetty head; (ii) a jetty head comprising structures including loading and unloading platforms with mechanical loading arms, two breasting dolphins with fenders, each with a gangway tower and eight mooring dolphins linked by walkways; (iii) four monopiles located in front of the jetty head or loading platform to provide fendering for smaller vessels; (iv) a jetty head building, a separate refuge building with attached office, water closet and external safety shower, an electrical building, shelters, pump housing and pump canister; (v) a jetty operations building located near the landside end of the jetty to house control room functions including switch room, operations room and welfare facilities; (vi) topside infrastructure installed on the jetty to load and unload vessels including marine loading arms, gangways, pipes, piping, valves and other process equipment, maintenance access roadways and access ramps; (vii) lighting infrastructure, utilities and electrical systems including firewater systems, communication systems and security systems; (viii) piling works and construction operations within the River Humber; (b) within the area shown as Work No.1 on sheets 1, 2, 3 and 4 of the works plans, capital dredging works within the River Humber related to the works to which paragraph 3(2)(a) refers and the disposal of any arisings from such dredging; (c) activities including works to— (i) alter, clean, modify, dismantle, refurbish, reconstruct, carry out excavations and clearance (excluding clearance or detonation of ordnance), deepen, scour and cleanse; (ii) temporarily remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore and waters of the River Humber; (iii) remove, relocate or replace any work or structure; (iv) construct, place and maintain works and structures including piled fenders; and (v) alter the course or otherwise interfere with navigable or non-navigable watercourses; (d) such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance, operation or use of the authorised development, including works for the accommodation or convenience of vessels (including but not limited to berthing and mooring facilities, ladders, buoys, bollards, dolphins, fenders and pontoons) and lighting. Licence to dredge and deposit 4 (1) Subject to paragraph 5, the undertaker is permitted to undertake a capital dredge to a depth of 14.5 metres below chart datum (with an allowance for the tolerances of the dredging equipment) of the berth pocket, the grid coordinates for which are specified in paragraph 5(2). (2) The materials dredged may not exceed the approximate quantities and must be deposited at the locations set out in the following table— Material | Volume (m3) | Specific gravity | Maximum tonnage (wet tonnes) | Disposal site Unconsolidated | 3,900 | 1.35 | 5,265 | HU060 Consolidated | 100 | 2.26 | 226 | HU056 (3) It is acknowledged that pursuant to section 75 of the 2009 Act the undertaker does not need a marine licence to carry out maintenance dredging within the statutory harbour authority area of the Port of Immingham and that the disposal of dredged arisings for such maintenance dredging is permitted in accordance with the existing marine licence. (4) Arisings of consolidated and unconsolidated materials from the capital dredge must be deposited at HU056 or HU060. (5) It is noted that arisings of unconsolidated materials from maintenance dredging must be deposited at HU060 in accordance with the existing marine licence. Details of licensed marine activities 5 (1) The grid coordinates within the UK marine area within which the undertaker may carry out a licensed activity (save for the capital dredge and disposal of any arisings from such dredge to which paragraph 3(2)(b) refers) are specified below— Point reference | Latitude | Longitude 1 | 53.622880 | -0.169136 2 | 53.623860 | -0.167200 3 | 53.627714 | -0.157052 4 | 53.630360 | -0.155051 5 | 53.628116 | -0.145503 6 | 53.624711 | -0.147881 7 | 53.624489 | -0.153444 8 | 53.621258 | -0.164738 (2) No capital dredging may be carried out by the undertaker other than within the area of the River Humber bounded by the grid coordinates specified below and identified as Work No. 1 on sheets 1, 2, 3 and 4 of the works plans— Point reference | Latitude | Longitude 1 | 53.627888 | -0.155204 2 | 53.628925 | -0.154488 3 | 53.627495 | -0.148612 4 | 53.626455 | -0.149329 PART 2 CONDITIONS APPLYING TO ALL LICENSABLE ACTIVITIES General 6 (1) With respect to any provision of this Schedule which requires the licensed activities to be carried out in accordance with documents, strategies, information, plans, protocols or statements approved by the MMO prior to or under this licence, the documents, strategies, information, plans, protocols or statements so approved are taken to include amendments approved in writing by the MMO subsequent to the first approval of those documents, strategies, information, plans, protocols or statements provided it has been demonstrated to the satisfaction of the MMO that the subject matter of the relevant amendments does not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement or in any environmental information supplied under the 2017 Regulations. (2) When any approval or agreement is required of, or with, the MMO pursuant to this Schedule such approval or agreement must not be given if it would give rise to any materially new or materially different significant effects on the environment that have not been assessed in the environmental statement or in any environmental information supplied under the 2017 Regulations. Before licensed activities Notifications regarding licensed activities 7 (1) The undertaker must inform the MMO— (a) at least five business days prior to the commencement of the first licensed activity; and (b) within five business days following the completion of the final licensed activity, of the commencement or the completion (as applicable). (2) The undertaker must provide the following information to the MMO— (a) the name and function in writing of any agent or contractor or sub-contractor that will carry on any licensed activity on behalf of the undertaker; and (b) such notification must be received by the MMO in writing not less than 24 hours before the commencement of the licensed activity. (3) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors, and sub-contractors that will be carrying out any licensed activity on behalf of the undertaker. (4) The undertaker must keep a copy of this license and any subsequent revisions or amendments available for inspection at its registered address and any site office location at or adjacent to a construction site. (5) Any changes to details supplied under sub-paragraph (2) must be notified to the MMO in writing no less than 24 hours prior to the agent, contractor or vessel engaging in the licensed activity in question. (6) Only those persons notified to the MMO in accordance with this condition are permitted to carry out a licensed activity. (7) Copies of this licence must be available for inspection at the following locations— (a) the undertaker’s office at the Port of Immingham; and (b) during the construction of the authorised development only, at any site office which is adjacent to or near the River Humber and which has been provided for the purposes of the construction of the authorised development. (8) The undertaker must request that the masters responsible for the vessels that will be carrying out any licensed activity on behalf of the undertaker as notified to the MMO under sub-paragraph (6) make a copy of this licence available for inspection on board such vessels during the carrying out of any licensed activity. Construction environmental management plan 8 (1) No licensed activities may be commenced until a construction environmental management plan for them has been submitted to and approved by the MMO following consultation with the relevant planning authority, the Environment Agency and Natural England on matters related to their function; and the submitted construction environmental management plan must be in accordance with the outline construction environmental management plan, unless otherwise approved in writing by the MMO. (2) Any construction environmental management plan submitted pursuant to sub-paragraph (1) and any construction environmental management plan submitted pursuant to paragraph 6(1) of Schedule 2 (requirements) of the Order may be comprised in the same document or separate documents. Sediment sampling 9 (1) Any sediment sampling analyses undertaken by a laboratory validated by the MMO and approved by the MMO as part of either the 2023 sediment sampling plan or any further sediment sampling plan are valid for a period of 3 years from the date when those analyses were undertaken. (2) Where the validity period for sediment sampling analyses set out in sub-paragraph (1) above expires, the undertaker must submit a further sediment sampling plan request to the MMO for its approval and any sediment sampling analyses from such further sediment sampling plan must be submitted to the MMO. Agents, contractors and sub-contractors 10 (1) The undertaker must notify the MMO in writing of any agents, contractors or sub- contractors that will carry on any licensed activity listed in paragraph 3 of this licence on behalf of the undertaker. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity. (2) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors or sub-contractors that will carry on any licensed activity listed in section 3 of this licence on behalf of the undertaker. Cold weather construction restriction strategy 11 (1) No construction operations for any licensed activity are to commence until a cold weather construction restriction strategy is submitted to and agreed by the MMO in consultation with Natural England. The strategy must include the following— (a) A provision that no construction operations (other than to finish driving any pile that is in the process of being driven at the point that the cold weather restriction comes into force) within 200 metres of exposed mudflat and at least 200 metres seaward of mean low water springs may take place following seven consecutive days of zero or sub zero temperatures (where the temperature does not exceed zero degrees centigrade for more than six hours in any day or any other formula as may be agreed with the MMO to define short periods of thaw); (b) The establishment of three temperature monitoring points within the Humber Estuary; (c) A provision that if the construction restriction comes into effect as a consequence of cold weather conditions, it will be reviewed as follows— (i) after 24 hours of above freezing temperatures the restriction will be lifted on a temporary basis provided that the weather forecast relevant for the area including the Port of Immingham, (as agreed with the MMO) indicates that freezing conditions will not return within five days; and (ii) after a further five clear days of above-freezing temperatures, the restrictions will be lifted entirely. (2) All licensed activities must be carried out in accordance with the cold weather construction restriction strategy approved pursuant to sub-paragraph (1), unless otherwise approved by the MMO. Marine Noise Registry 12 (1) Only when impact driven or part-driven pile foundations or detonation of explosives are proposed to be used as part of the foundation installation the undertaker must provide the following information to the Marine Noise Registry— (a) prior to the commencement of the licensed activities, information on the expected location, start and end dates of impact pile driving or detonation of explosives to satisfy the Marine Noise Registry’s Forward Look requirements; and (b) within 12 weeks of completion of impact pile driving or detonation of explosives, information on the exact locations and specific dates of impact pile driving or detonation of explosives to satisfy the Marine Noise Registry’s Close Out requirements. (2) The undertaker must notify the MMO of the successful provision to the Marine Noise Registry of Forward Look and Close-out requirements within 7 days of the submission. Marine written scheme of archaeological investigation 13 Archaeological method statements, together with a written report on any consultation carried out with Historic England and the relevant planning authority on matters related to their respective functions in their preparation, must be submitted to and approved by the MMO in writing in accordance with the provisions of the outline marine written scheme of investigation and a subsequent update must be provided to the MMO six weeks before commencement of any licensed activity to which the method statement relates. During licensed activities Flood risk assessment 14 (1) All licensed activities must be carried out in accordance with the flood risk assessment, unless otherwise approved by the MMO. (2) No part of the licensed activities may be brought into operational use until a flood emergency response plan to apply during operation of that part has been submitted to and approved by the MMO, following consultation with the Environment Agency on matters related to its functions. (3) Any a flood emergency response plan submitted and approved under sub-paragraph (2) must (so far as applicable) be substantially in accordance with the flood risk assessment. (4) Each part of the licensed activities must be operated in accordance with the plan approved under sub-paragraph (2) for that part, unless otherwise approved by the MMO. Construction environmental management plan 15 All licensed activities must be carried out in accordance with the construction environmental management plan for those activities approved pursuant to paragraph 8 of this Schedule where applicable, unless otherwise approved by the MMO. Piling and marine construction works 16 (1) Subject to sub-paragraph (2) below, the piling of marine piles in connection with the authorised development must be subject to the following conditions— (a) there must be at least a 20 minutes “soft start” period at the commencement of any piling; and (b) The form of soft start must be agreed with the MMO following consultation with Natural England on matters related to its functions prior to the commencement of piling. (2) An active and mobile 500 metre marine mammals observation zone, the centre point of which will be the location of the particular marine pile being driven percussively, must be created, and 30 minutes prior to the commencement of percussive piling a search should be undertaken of the zone, with the purpose of identifying whether any marine mammals enter the zone, and if such mammals are observed within the zone, percussive piling should not be commenced until the mammals have cleared the zone or until 20 minutes after the last visual detection, subject to sub-paragraph (4). (3) An active and mobile 500 metre marine mammals observation zone, the centre point of which will be the location of the particular marine pile being driven percussively, must be maintained during percussive piling with the purpose of identifying whether any marine mammals enter the zone and if such mammals are observed, percussive piling will cease until the mammals have cleared the zone and there is no further detection after 20 minutes. (4) Where during operations percussive piling is paused for any reason other than the detection of marine mammals, then recommencing of the percussive piling must be subject to the provisions of sub-paragraph (2) save for where the active and mobile 500 metre marine mammals observation zone has been observed throughout the period of the pause in operations and no such mammals were observed entering the zone, in which case percussive piling may be recommenced immediately. (5) Wherever possible the undertaker will use vibro-piling methodology whilst it is recognised that percussive piling may be required to drive the piles to their ultimately required depth. (6) Subject to sub-paragraph (7) below, the undertaker must ensure that no construction activity for the approach jetty or decommissioning of topsides located within 200 metres of mean low water springs takes place between 1 October and 31 March inclusive in any year. (7) During the restricted period between 1 October and 31 March inclusive in any year, marine construction activity or decommissioning of topsides may be undertaken at distances less than 200 metres of mean low water springs provided that— (a) an acoustic barrier or visual screening is installed on both sides of any semi-completed structure; (b) construction activity is then undertaken on the approach jetty itself, behind the screening; and (c) noise levels are less than 70 dB(A) on exposed intertidal foreshore. (8) No piling of marine piles within the waterbody may take place between 1 April and 31 May (inclusive) in any one calendar year, except for any percussive piling of marine piles undertaken on exposed mudflat outside the water column at periods of low water. (9) Subject to sub-paragraph (10), no piling of marine piles within the waterbody is to take place between the hours of 7pm and 7am from 1 March to 31 March (inclusive) and from 1 September to 31 October (inclusive) or between the hours of sunset and sunrise from 1 June to 30 June (inclusive) and from 1 August to 31 August (inclusive) in any one calendar year. (10) Sub-paragraph (9) does not apply in relation to any— (a) percussive piling of marine piles undertaken on exposed mudflat outside the water column at periods of low water; (b) emergency works; and (c) percussive piling operations that have been initiated where an immediate cessation of the activity would form an unsafe working practice. (11) Percussive piling of marine piles is to be restricted at other times— (a) subject to sub-paragraph (18), from 1 June to 30 June (inclusive) in any one calendar year the maximum amount of percussive piling permitted within any 24 hour period must not exceed 270 minutes; (b) subject to sub-paragraph (18), from 1 August to 31 October (inclusive) in any one calendar year, the maximum amount of percussive piling permitted within any 24 hour period must not exceed 270 minutes, except (in each case) for any percussive piling of marine piles undertaken on exposed mudflat outside the water column at periods of low water and save for percussive piling operations that have been initiated where an immediate cessation of the activity would form an unsafe working practice. (12) The measurement of time during each work-block described in sub-paragraph (11) of this Schedule must begin at the start of each timeframe, roll throughout it, then cease at the end, where measurement will begin again at the start of the next timeframe, such process to be repeated until the end of piling works. (13) Percussive piling must only be carried out in accordance with the cold weather piling restriction strategy. (14) A noise suppression system consisting of a piling sleeve with noise insulating properties must be employed for percussive piling on the approach jetty comprised in the authorised development. (15) The undertaker must submit weekly reports to the MMO of the duration of percussive piling that is undertaken on any given day on which piling takes place during the construction of the authorised development, unless otherwise agreed in writing with the MMO. (16) The reports submitted to the MMO pursuant to sub-paragraph (15) must include a log of the number and approximate location of piling rigs which are in operation on any given day, along with the number of piles driven. (17) The undertaker must hold fortnightly meetings with the MMO to discuss the weekly reports submitted pursuant to sub-paragraph (15) and agree any corrective action if required, unless otherwise agreed in writing with the MMO. (18) Where percussive piling is paused the recommencement of such percussive piling may take place for a contingency period of up to a total of 60 minutes within any 24 hour period in addition to the otherwise maximum amount of percussive piling permitted within any 24 hour period specified in sub–paragraph (11). Marine written scheme of archaeological investigation 17 All licensed activities must be carried out in accordance with the marine written scheme of investigation. Concrete and cement 18 Waste concrete, slurry or wash water from concrete or cement activities must not be discharged, intentionally or unintentionally, into the marine environment. Concrete and cement mixing and washing areas must be contained and sited at least 10 metres from any water body or surface water drain. Coatings and treatment 19 The undertaker must ensure that any coatings and any treatments are suitable for use in the marine environment and are used in accordance with relevant guidelines approved by the Health and Safety Executive and the Environment Agency. Pollution and spills 20 (1) Bunding and storage facilities must be installed to contain and prevent the release of fuel, oils and chemicals associated with plant, refuelling and construction equipment into the marine environment. Secondary containment must be used with a capacity of no less than 110% of the container’s storage capacity. (2) Any oil, fuel or chemical spill within the marine environment must be reported to the MMO Marine Pollution Response Team as soon as reasonably practicable, but in any event within 12 hours of being identified in accordance with the following, unless otherwise advised in writing by the MMO— (a) within business hours on any business days: 0300 200 2024; (b) any other time: 07770 977 825; or (c) at all times if other numbers are unavailable: 0845 051 8486 or dispersants@marinemanagement.org.uk. (3) All wastes must be stored in designated areas that are isolated from surface water drains, open water and contained to prevent any spillage. (4) The undertaker must comply with the existing marine pollution contingency plan in place for the Port of Immingham as detailed in the construction environmental management plan. Disposal at sea 21 (1) The undertaker must inform the MMO of the location and quantities of material deposited each month under the licence. This information must be submitted to the MMO by 15 February each year for the months August to January inclusive and by 15 August each year for the months February to July inclusive. (2) The undertaker must ensure that only inert material of natural origin produced during dredging must be deposited in the disposal sites— (a) HU060 (unconsolidated); and (b) HU056 (consolidated), or any other site approved in writing by the MMO. (3) The material to be disposed of within the disposal sites referred to in sub-paragraph (2) must be placed evenly within the relevant site’s boundaries. (4) During the course of disposal at sea, deposited material must be distributed evenly over the disposal site. Dropped objects 22 (1) The undertaker must report all dropped objects to the MMO using the Dropped Object Procedure Form as soon as reasonably practicable and in any event within 24 hours of becoming aware of an incident. (2) On receipt of the Dropped Object Procedure Form, the MMO may require, acting reasonably, the undertaker to carry out relevant surveys. The undertaker must carry out surveys in accordance with the MMO’s reasonable requirements and must report the results of such surveys to the MMO. (3) On receipt of such survey results the MMO may, acting reasonably, require the undertaker to remove specific obstructions from the seabed. The undertaker must carry out removals of the specific obstructions form the seabed in accordance with the MMO’s reasonable requirements and its own expense. Notice to Mariners 23 (1) Local mariners, fishermen’s organisations and the UK Hydrographic Office must be notified of any licensed activity or phase of licensed activity through a local Notice to Mariners. (2) A Notice to Mariners must be issued at least 5 days before the commencement of each licensed activity or phase of licensed activity. (3) The MMO and Maritime and Coastguard Agency must be sent a copy of the notification within 24 hours of issue. The Notice to Mariners must include— (a) the start and end dates of the work; (b) a summary of the works to be undertaken; (c) the location of the works area, including coordinated in accordance with WGS84; and (d) any markings of the works area that will be put in place. (4) A copy of the notice must be provided to the MMO via MCMS within 24 hours of issue of a notice under sub-paragraph (1). PART 3 PROCEDURE FOR THE DISCHARGE OF CONDITIONS Approvals and appeals 24 Schedule 17 (procedure regarding certain approvals, etc.) of the Order has effect in relation to any submission by the undertaker for approval by or agreement of the MMO in respect of any document, strategy, information, plan, protocol or statement under this Schedule.