Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Act 2003
Robin Rigg Offshore Wind Farm (Navigationand Fishing) (Scotland) Act 2003
asp 19
[1st August 2003]
and received Royal Assent on[26th June 2003]
The Bill for this Act of the Scottish Parliament was passed by the Parliament onAn 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 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
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
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
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
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
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
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...
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