The Cory Decarbonisation Project Order 2025

SCHEDULE 11 DEEMED MARINE LICENCE

Article 42 PART 1 GENERAL 1 In this licence— “the 2008 Act” means the Planning Act 2008; “the 2009 Act” means the Marine and Coastal Access Act 2009; “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; “commence” means beginning to carry out any part of a licensed activity and “commenced” and “commencement” are to be construed accordingly; “construction licensed activity” means any licensed activity which does not constitute maintenance activities or maintenance dredging; “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; “code of construction practice” means the document of that description approved under requirement 7 (code of construction practice) of the Order; “environmental statement” means the document of that description in Schedule 13 (documents and plans to be certified) to the Order, certified by the Secretary of State as the environmental statement for the purposes of the Order; “licensable area” means the grid coordinates within the UK Marine Area within which the undertaker may carry out a licensed activity, as set out in paragraph 3(3) of Part 1 of this Schedule and as shown on the works plans; “licensed activity” means any of the activities specified in Part 1 of this licence; “limits of deviation” has the same meaning as in the Order; “maintenance activities” means activities carried out by the undertaker pursuant to article 5 (maintenance of authorised development) of the Order; “maintenance dredging” means dredging carried out by the undertaker after the final construction licensed activity; “the MMO” means the Marine Management Organisation; “the Order” means the Cory Decarbonisation Project Order 2025; “percussive piling” means piling by sinking or driving a pile by direct or indirect hammering or other percussive means, including piling by the use of a drop hammer, diesel hammer, double acting hammer, single acting hammer internal drop hammer, pneumatic hammer, steam hammer or other percussive device, other than a device that is portable and designed for operation while held by hand without any other form of support; “the River” means so much of the river Thames and the Thames estuary, as is within the UK marine area; “seabed” means the ground under the sea; “the undertaker” means Cory Environmental Holdings Limited (company number 05360864) and any transferee pursuant to article 10 (consent to transfer benefit of the Order) of the Order; “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 of any other amphibious vehicle and any other thing constructed or adapted for movement through, in, or on or over water and which is at the time in, on or over water; and “the works plans” has the same meaning as in the Order. Contacts 2 (1) Except where otherwise indicated, the main points of contact with the MMO and the addresses for email and postal returns and correspondence are as follows— (a) Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH; Tel – 0300 123 1032; Fax – 0191 376 2681; Email – marine.consents@marinemanagement.org.uk; and (b) Marine Management Organisation, Muriel Matters House, Breeds Place, Hastings, Kent TN34 2EZ; Tel – 0208 026 9180; Email – hastings@marinemanagement.org.uk. (2) The contact details for the MMO Marine Pollution Response Team are— Tel (during office hours) – 0300 200 2024; Tel (outside office hours) – 07770 977 825 or 0345 051 8486; Email – dispersants@marinemanagement.org.uk, or such replacement contact details notified to the undertaker in writing by the MMO. (3) Except where otherwise indicated or otherwise agreed in writing by the MMO, all applications or notifications required under this licence must be sent by the undertaker to the MMO using the MMO’s marine case management system. Details of such licensed marine activities 3 (1) Subject to the licence conditions in Part 2, this licence authorises the undertaker (and any agent, contractor or subcontractor acting on their behalf) to carry out any licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act within the licensable area which— (a) form part of, or are related to, the authorised development, including works required pursuant to documents certified under Schedule 13 (documents and plans to be certified) or approved under Schedule 2; and (b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 (exemptions specified by order) of the 2009 Act. (2) In this paragraph “the authorised development” means— (a) Work No. 4 of the Order; (b) works within the River to— (i) alter, clean, modify, dismantle, refurbish, reconstruct, remove, relocate or replace any work or structure (including river walls); (ii) carry out excavations and clearance, deepening, scouring, cleansing, dumping and pumping operations; (iii) use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995(a)) obtained in carrying out any such operations; (iv) remove and relocate any vessel or structure sunk, stranded, abandoned, moored or left (whether lawfully or not); (v) remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the river; (vi) construct, place and maintain works and structures including piled fenders, protection piles and cofferdams; and (vii) provide lighting, signage and aids to navigation; (c) maintenance activities within the River; (d) maintenance dredging within the River; and (e) any other element of the authorised development as defined by article 2 (interpretation) of the Order. (3) The coordinates for the licensable area for the purposes of this paragraph 3 are specified in the table below. ID number as shown on the works plans | Northing | Easting P1 | 180739 | 549856 P2 | 180754 | 549737 P3 | 180837 | 549835 P4 | 180985 | 549804 P5 | 181045 | 549833 P6 | 180974 | 550085 P7 | 180877 | 550350 P8 | 180775 | 550324 P9 | 180734 | 550243 P10 | 180720 | 550057 PART 2 CONDITIONS APPLYING TO LICENSABLE ACTIVITIES Notifications regarding licensed activities 4 (1) The undertaker must inform the MMO in writing— (a) at least 5 business days prior to the commencement of the first construction licensed activity; (b) within 5 business days following the completion of the final construction licensed activity, of the completion; (c) at least 5 business days prior to the commencement of a maintenance activity or maintenance dredging; and (d) within 5 business days following the completion of the maintenance activity or maintenance dredging. 5 (1) The undertaker must provide the following information to the MMO— (a) the name and function of any agent or contractor appointed to engage in any licensed activity within seven days of appointment; and (b) details of any vessel being used to carry on any licensed activity listed on behalf of the undertaker, together with details of the vessel owner or operating company not less than 24 hours before the commencement of the licensed activity in question. (2) Any changes to details supplied under sub-paragraph (1) must be notified to the MMO in writing prior to the agent, contractor or vessel engaging in the licensed activity in question. (3) Only those persons notified to the MMO in accordance with this condition are permitted to carry out a licensed activity. 6 The undertaker must ensure that a copy of this licence has been read and understood by any agents and contractors that will be carrying out any licensed activity on behalf of the undertaker, together with any masters or transport managers responsible for the vessels that will be carrying out any licensed activity on behalf of the undertaker. 7 Copies of this licence must be available for inspection at the following locations— (a) the undertaker’s registered office; and (b) during the construction of the authorised development only, at any site office which is adjacent to or near the River and which has been provided for the purposes of the construction of the authorised development. 8 The masters or transport managers responsible for the vessels that will be carrying out any licensed activity on behalf of the undertaker as notified to the MMO under condition 5 must make a copy of this licence available for inspection on board such vessels during the carrying out of any licensed activity. Code of construction practice 9 All construction licensed activities must be carried out in accordance with the code of construction practice approved under requirement 7 (code of construction practice) of Schedule 2 of the Order where applicable. Method statement 10 (1) Following consultation with the Environment Agency, and in respect of maintenance dredging only, the Port London Authority, the undertaker must submit a method statement, together with a report on the consultation carried out, for approval by the MMO, at least 6 weeks prior to the commencement of any licensed activity. (2) The method statement must include the following details— (a) the detailed methodology to be employed by the undertaker in carrying out the licensed activity; (b) a programme of works including timings and durations, method of delivery of material to site and plant to be used during the works; and (c) for construction licensed activities only, if relevant, the results of further sediment sampling undertaken in accordance with a sampling plan approved under condition 11. (3) The undertaker must not commence the licensed activity until the MMO has approved in writing the submitted method statement. (4) The licensed activity must be carried out in accordance with the approved method statement, unless otherwise agreed in writing by the MMO. Sediment sampling 11 (1) If the undertaker considers that sediment sampling is required to demonstrate the appropriateness of a methodology to be included in a method statement relating to construction licensed activities or maintenance dredging submitted to the MMO for approval under condition 10, prior to submitting that construction method statement to the MMO, the undertaker must submit a sediment sampling plan for approval by the MMO. (2) Any sediment sampling required under sub-paragraph (1) must be carried out in accordance with the approved sediment sampling plan, unless otherwise agreed in writing 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 (MNR)— (a) prior to the commencement of the licensed activities, information on the expected location, start and end dates of impact pile driving/detonation of explosives to satisfy the Marine Noise Registry’s Forward Look requirements; and (b) within 12 weeks of completion of impact pile driving/detonation of explosives, information on the exact locations and specific dates of impact pile driving/detonation of explosives to satisfy the Marine Noise Registry’s Close Out requirements. (2) The undertaker must notify the MMO of the successful submission of Forward Look requirements. Piling 13 Where a licensed activity involves percussive piling the undertaker must commence piling activities using soft-start techniques for at least 20 minutes to ensure an incremental increase in pile power until full operational power is achieved. Should piling cease for at least 20 minutes the soft-start procedures must be repeated. Dredging 14 Water injection dredging which is a licensed activity must not be undertaken in the period 1st June to 30th August. Concrete and cement 15 (1) The undertaker must not discharge waste concrete slurry or wash water from concrete, or cement into the River. (2) The undertaker must site concrete and cement mixing and washing areas at least 10 metres away from the River and any surface water drain to minimise the risk of run off entering the River. Coatings and treatments 16 The undertaker must ensure that any coatings and any treatments are suitable for use in the River and are used in accordance with either guidelines approved by the Health and Safety Executive or the Environment Agency. Pollution and spills 17 The undertaker must— (a) store, handle, transport and use fuels, lubricants, chemicals and other substances so as to prevent the release of fuel, oils and chemicals associated with plan, refuelling and construction equipment into the marine environment, including bunding with a capacity of no less than 110% of the total volume of all reservoirs’ and containers’ storage capacity; (b) report any spill of oil, fuel or chemicals into the marine environment to the MMO Marine Pollution Response Team pursuant to paragraph 2(2) of this licence, as soon as reasonably practicable, but in any event within 12 hours of the spill being identified; and (c) store all waste in designated areas that are isolated from surface water drains and open water and are bunded. Post activities 18 (1) The undertaker must remove any temporary structures, waste and debris associated with the construction licensable activities or maintenance activities within six weeks following completion of the final construction licensable activity or maintenance activity as applicable. (2) Within five business days following the completion of the removal activities referred to in sub-paragraph (1), the undertaker must notify the MMO in writing that such activities have been completed. Disposal 19 The undertaker must inform the MMO of the location and quantities of material disposed of each month under this licence. This information must be submitted to the MMO by 15th February each year for the months August to January inclusive, and by 15th August each year for the months February to July inclusive. 20 The undertaker shall ensure that only inert material of natural origin, produced during dredging shall be disposed of within the disposal site TH070 South Falls (or any other disposal site approved in writing by the MMO), and that any other materials are screened out before disposal at this site. 21 The material to be disposed of within the disposal site referred to in condition 20 (or any other disposal site approved in writing by the MMO) must be placed evenly within the boundaries of that site. Agents, contractors and subcontractors 22 (1) The undertaker must notify the MMO in writing of any agents, contractors or subcontractors that will carry on any licensed activity under 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 subcontractors that will carry on any licensed activity. Dropped Objects 23 (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 from the seabed in accordance with the MMO’s reasonable requirements and its own expense. Time periods 24 This licence remains in force until Work No. 4B of this Order is decommissioned. Variations of approvals of Part 2 Conditions 25 (1) With respect to any condition under Part 2 which requires a licensed activity to be carried out in accordance with any plans, protocols or statements approved under this licence, the approved details, plan or scheme are to be taken to include any amendments that may subsequently be approved in writing by the MMO. (2) Subsequent to the first approval of those plans, protocols or statements, any amendments will only be approved by the MMO if the undertaker has demonstrated to the reasonable satisfaction of the MMO that the subject matter of the relevant amendments do not give rise to any materially new or materially different environmental effects that are worse than those identified in the environmental statement. Marine written scheme of archaeological investigation 26 All licensed activities must be carried out in accordance with the archaeological mitigation strategy approved under requirement 22 (archaeological mitigation strategy) of Schedule 2 of the Order where applicable. PART 3 PROCEDURE FOR THE DISCHARGE OF CONDITIONS Meaning of “application” 27 In this Part, “application” means a submission by the undertaker for approval by the MMO of any method statement or plan under conditions 10 and 11. Further information regarding application 28 The MMO may request in writing such further information from the undertaker as is necessary to enable the MMO to consider the application. Determination of application 29 (1) In determining the application the MMO may have regard to— (a) the application and any supporting information or documentation; (b) any further information provided by the undertaker in accordance with condition 28; and (c) such other matters as the MMO thinks relevant. (2) Having considered the application the MMO must— (a) grant the application unconditionally; (b) grant the application subject to the conditions as the MMO thinks fit; or (c) refuse the application. (3) If the MMO is unable to determine the application in accordance with sub-paragraph (2), this shall not constitute a breach of this condition nor be an offence under the Marine and Coastal Access Act 2009. Notice of determination 30 (1) Subject to sub-paragraph (2) or (3), the MMO must give notice to the undertaker of the determination of the application as soon as reasonably practicable after the application is received by the MMO. (2) Where the MMO has made a request under condition 28, the MMO must give notice to the undertaker of the determination of the application as soon as reasonably practicable once the further information is received. (3) Where the MMO refuses the application the refusal notice must state the reasons for the refusal.