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Acts of the Scottish Parliament


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Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Act 2003

2003 asp 19

 
 
 
CONTENTS
Section 
1Authority for works obstructing navigation and fishing
2Power to deviate from specified locations
3Provision against danger to navigation in case of damage, destruction or decay
4Permanent lights or buoys at or near regulated works
5Active management system
6Local consultation
7Decommissioning
8Transfer of powers
9Interpretation
10Short title
 

 
    Schedule-Location of the regulated works
 
 

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 26th June 2003 and received Royal Assent on 1st August 2003

An Act of the Scottish Parliament to regulate matters relating to navigation and fishing in connection with the provision of an offshore wind farm in navigable waters within the Solway Firth; and for connected purposes.

           
 

1    Authority for works obstructing navigation and fishing
 
      (1) The undertaker is hereby authorised to obstruct navigation and fishing in the Solway Firth to such an extent as may be required in order to construct and maintain the regulated works, namely-
 
 
    (a) up to 60 wind turbine generators each consisting of a tower extending between 62 and 76 metres upwards from the level of high water, fitted with rotating blades with a rotor diameter of between 80 and 104 metres and fixed to the seabed by one or more piles extending to a maximum depth of 35 metres below the seabed;
 
    (b) an electrical substation and helicopter landing deck consisting of a steel superstructure placed 10 to 12 metres above the level of high water with a maximum height of 10 metres and a span of 30 metres by 50 metres (accommodating transformers, switchgear, back-up generators and other technical installations);
 
    (c) an anemometry mast with a lattice structure extending between 66 and 76 metres upwards from the level of high water, fitted with anemometers and wind vanes, fixed to the electrical substation or fixed to the seabed by one or more piles extending to a maximum depth of 45 metres below the seabed and attached to turbine No. K1 by power and communications cables;
 
    (d) a series of cables connecting the wind turbine generators with each other and to the electrical substation laid initially one metre beneath the seabed and maintained at a level between the surface of the seabed and a level 8 metres below the seabed;
 
    (e) so much of the cable connection between the electricity substation and the seashore as lies under Scottish waters, namely two armoured cables laid 3 metres beneath the seabed and maintained at a level between 2 and 5 metres below the seabed,
  in the locations specified in the schedule to this Act (subject to such deviation as may be permitted under section 2 of this Act) together with, within the limits of deviation, such scour protection works at the base of the wind turbine generators, the electrical substation, and the anemometry mast, and such navigational warning or ship impact protection works on or around those structures as may be reasonably required.
 
      (2) The turbines shall be constructed and maintained so that there shall be a minimum distance of 18 metres between the lowest point of the rotating blades and the level of high water.
 
      (3) Nothing in this Act authorises the generation or transmission of electricity.
 
2    Power to deviate from specified locations
 
 In constructing and maintaining the turbines, the electrical substation or the anemometry mast, the undertaker may deviate laterally up to a limit of 50 metres from the locations described in the schedule to this Act.
 
3    Provision against danger to navigation in case of damage, destruction or decay
 
      (1) In case of damage to, or destruction or decay of, a regulated work or any part of that work the undertaker shall as soon as reasonably practicable notify the Commissioners of Northern Lighthouses and shall lay down such buoys and exhibit such lights as the Commissioners of Northern Lighthouses may from time to time direct, in the exercise of their functions under the Merchant Shipping Act 1995 (c.21), for the purpose of preventing danger to navigation.
 
      (2) If without reasonable excuse the undertaker fails to notify the Commissioners of Northern Lighthouses as required by this section or to comply in any respect with a direction given under this section, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to a fine.
 
4    Permanent lights or buoys at or near regulated works
 
      (1) After the completion of the regulated works the undertaker shall at or near the works lay down such buoys and exhibit such lights as the Commissioners of Northern Lighthouses may from time to time direct, in the exercise of their functions under the Merchant Shipping Act 1995 (c.21), for the purpose of preventing danger to navigation.
 
      (2) If the undertaker fails to comply in any respect with a direction given under this section, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to a fine; but it shall be a defence for the undertaker to prove that all due care was taken to secure compliance with the direction.
 
5    Active management system
 
      (1) The turbines shall be operated in accordance with an active management system for the purpose of minimising the risk of vessels colliding with the rotating blades of the turbines.
 
      (2) The details of the active management system shall be settled in accordance with subsection (3) below but the system shall include-
 
 
    (a) provision for each turbine to be marked with clearly visible identification systems;
 
    (b) provision for communication procedures between the relevant emergency service and the central control room for the operation of the turbines when a vessel is in distress;
 
    (c) provision for the immediate shutting down of one or more of the turbines at the request of the relevant emergency service in a position which secures the maximum clearance between the lowest point of the blades and the water level; and
 
    (d) provision for testing the emergency procedures at times and in a manner reasonably required by the relevant emergency service.
      (3) For the purpose of settling the details of the active management system the undertaker shall consult the relevant emergency service and shall incorporate any reasonable requirements requested by them.
 
      (4) If without reasonable excuse the undertaker operates the turbines otherwise than in accordance with the active management system agreed under this section or fails to comply with the requirements of that system it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to a fine.
 
6    Local consultation
 
 The undertaker shall consult representatives of local fishing and recreational boating interests before submitting any proposals for the lighting or marking of the regulated works to the Commissioners of Northern Lighthouses.
 
7    Decommissioning
 
      (1) The powers conferred on the undertaker by this Act shall be exercisable only if, and so long as, the condition in subsection (2) below is satisfied.
 
      (2) The undertaker shall put in place insurance for the costs of decommissioning and removing the regulated works in the form of a third party bond approved by the Scottish Ministers or such other third party financial instrument as is acceptable to them, and shall retain in place such bond or other instrument (or such replacement or modification as the Scottish Ministers may approve) for the operational lifetime of the regulated works.
 
      (3) In considering the acceptability of a bond or other instrument under this section the Scottish Ministers may have regard to any arrangements which have been agreed between the undertaker and the Crown Estate Commissioners.
 
8    Transfer of powers
 
      (1) The undertaker may enter into, and carry into effect, agreements for the transfer to another person of all or any of the powers conferred on the undertaker by this Act.
 
      (2) The exercise of any power conferred by this Act by any other person in accordance with an agreement under subsection (1) above shall be subject to the same obligations and liabilities under this Act as would apply if that power were exercised by the undertaker.
 
      (3) Not later than 21 days before any such agreement comes into effect the undertaker shall give written notice to the Scottish Ministers and to the Commissioners of Northern Lighthouses stating the name and address of the person to whom the powers are being transferred and the date when the transfer is to take effect.
 
9    Interpretation
 
      (1) In this Act-
 
 
    "the anemometry mast" means the mast erected for the purpose of measuring wind speeds and directions described in section 1(1)(c) of this Act;
 
    "the electrical substation" means the structure described in section 1(1)(b) of this Act;
 
    "the level of high water" means the level of mean high-water springs;
 
    "the limits of deviation" means the area within which the undertaker may deviate in constructing and maintaining the regulated works pursuant to section 2 of this Act;
 
    "maintain" includes retain, inspect, repair, alter, remove, reconstruct, relay, replace and, in so far as it may cause an obstruction to navigation or fishing, operate; and "maintenance" shall be construed accordingly;
 
    "reference point" means Ordnance Survey National Grid reference point;
 
    "the regulated works" means the works described in section 1 of this Act and references to a regulated work shall be construed accordingly;
 
    "Scottish waters" means waters which are to be treated as internal waters or territorial sea of the United Kingdom adjacent to Scotland for the purpose of the Scotland Act 1998 (c.46);
 
    "turbine" means a wind turbine generator described in section 1(1)(a) of this Act and references to numbered turbines are to the numbers assigned to each turbine in paragraph 1 of the schedule to this Act;
 
    "the undertaker" means Offshore Energy Resources Limited and Solway Offshore Limited acting jointly or, as the case may be, any person to whom the powers conferred by this Act are transferred in an agreement under section 8 of this Act;
 
    "vessel" means a ship, boat, raft or water craft of any description and includes non-displacement craft, seaplanes and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and a hovercraft or other amphibious vehicle.
      (2) All dimensions stated in any description of works shall be construed as if the word "approximately" were inserted before each such dimension.
 
10    Short title
 
 This Act may be cited as the Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Act 2003.
 
   
 
 

 
 
 
SCHEDULE
 
  (introduced by section 1)
  LOCATION OF THE REGULATED WORKS
1    The centre point of each of the turbines is to be at the following reference points-
 
 
 
Turbine No.
 
Easting (m)
 
Northing (m)
 
A1
 
290703
 
543168
 
A2
 
291153
 
542982
 
B1
 
290130
 
542923
 
B2
 
290524
 
542739
 
B3
 
290962
 
542541
 
B4
 
291367
 
542368
 
B5
 
291753
 
542132
 
C1
 
289517
 
542725
 
C2
 
289955
 
542530
 
C3
 
290352
 
542343
 
C4
 
290789
 
542134
 
C5
 
291181
 
541954
 
C6
 
291592
 
541751
 
D1
 
288897
 
542509
 
D2
 
289324
 
542311
 
D3
 
289777
 
542101
 
D4
 
290174
 
541915
 
D5
 
290602
 
541720
 
D6
 
290996
 
541539
 
D7
 
291424
 
541341
 
E1
 
288346
 
542239
 
E2
 
288711
 
542068
 
E3
 
289150
 
541873
 
E4
 
289583
 
541672
 
E5
 
289989
 
541489
 
E6
 
290416
 
541299
 
E7
 
290826
 
541088
 
E8
 
291237
 
540902
 
F1
 
288118
 
541830
 
F2
 
288560
 
541691
 
F3
 
288985
 
541449
 
F4
 
289405
 
541259
 
F5
 
289810
 
541075
 
F6
 
290246
 
540875
 
F7
 
290649
 
540678
 
F8
 
291067
 
540490
 
G1
 
287916
 
541413
 
G2
 
288343
 
541214
 
G3
 
288806
 
541024
 
G4
 
289227
 
540846
 
G5
 
289628
 
540661
 
G6
 
290060
 
540474
 
G7
 
290471
 
540285
 
G8
 
290901
 
540099
 
H1
 
288175
 
540806
 
H2
 
288621
 
540590
 
H3
 
289032
 
540418
 
H4
 
289453
 
540247
 
H5
 
289874
 
540061
 
H6
 
290303
 
539874
 
H7
 
290733
 
539706
 
J1
 
288425
 
540126
 
J2
 
288846
 
539948
 
J3
 
289267
 
539786
 
J4
 
289688
 
539616
 
J5
 
290109
 
539438
 
J6
 
290505
 
539284
 
K1
 
288660
 
539527
 
K2
 
289089
 
539349
 
K3
 
289502
 
539171
2    The centre point of the electrical substation is to be at reference point Easting (m) 291150 and Northing (m) 540380 or at reference point Easting (m) 288514 Northing (m) 539284.
 
3    The centre point of the anemometry mast is to be at reference point Easting (m) 288514 Northing (m) 539284 and the connecting power and communication cables are to run from that point and to join the system at turbine No. K1.
 
4    The routes of the cables referred to in section 1(1)(d) of this Act are to run in direct lines between any two adjacent turbines and between the electrical substation and-
 
 
    (a) turbines Nos. G8 and F8; or
 
    (b) turbine No. K1.
5    The route of the cables referred to in section 1(1)(e) of this Act is to commence by a connection with the electricity substation and to run in a south easterly direction until it reaches the boundary of Scotland at reference point Easting (m) 291510 Northing (m) 540140 or is to follow such alternative route as may be permitted by the Scottish Ministers under section 34 of the Coast Protection Act 1949 (c.74).
 
 
 
  © Crown copyright 2003
Prepared 11 August 2003


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URL: http://www.bailii.org/scot/legis/num_act/2003/20030019.html