The Department of Trade and Industry has been asked to circulate the following text on behalf of owners of submarine telecommunications cables.
1. Under Section 3 of the Submarine Telegraph Act 1885 as applied by Section 8(i) of the Continental Shelf Act 1964, it is an offence to wilfully or by culpable negligence, break or injure a submarine cable in such a manner as might interrupt or obstruct telegraphic or telephonic communication. Although there are a large number of submarine telecommunications cables on the UK continental shelf, there should be minimal risk of their being damaged by offshore activities in this area, providing those involved in the activities know the whereabouts of the cables and observe reasonable precautions. The purpose of this note is to give some background information that Licensees may find helpful and to point out ways in which the telecommunications industry can help them to avoid contravening the Act.
2. Information concerning submarine telecommunications cables in areas in which Licensees have an interest may be obtained from the manager of charting services at Cable & Wireless Global Marine in Chelmsford (tel: 01245 702000; fax: 01245 702210) which maintains a database of information for the North Sea Cable Maintenance Agreement areas. Licensees may obtain information on the whereabouts of in - service and out -of-service cables, the locations of repeaters on the cables, and the owners of the cables.
3. It must be noted that the position of out -of-service cables is likely to be approximate only, and that the position of all cables and repeaters should be verified with the cable owners. Cable owners will hold any person causing damage entirely responsible for all the costs incurred in making good damage to any cable system. It is also emphasised that should any person commit a punishable offence under Section 3 of the Submarine Telegraph Act 1885 as applied by Section 8(i) of the Continental Shelf Act 1964, any punishment would be without prejudice to any civil action for damages by the cable owner against the person concerned.
4. Cable owners prefer if offshore activities that have the potential to damage cable systems be kept at a distance of at least 1 nautical mile from cables and 2 nautical miles from repeaters. These activities may include but not be limited to drilling activities, core sampling and other seabed invasive techniques; pipeline and umbilical installation and other construction activities; anchor handling operations; survey operations. However, the cable owners recognise that these preferred minimum distances will not always be feasible and that this safety factor will not always be necessary to safeguard cable systems.
5. Before undertaking any offshore activities that have the potential to damage cable systems, Licensees are advised to consult with the cable owners. Where the precise location of the activity is not critical, it may be possible for the Licensee and the cable owner to agree that it is moved to a safe distance from the cable system. However, if the precise location of the activity is critical and is within the distances given above, the cable owner will require the Licensee to determine the exact position of the cable system by physical inspection. The cable owner will then be able to decide on a safe minimum distance from the cable system that the activity may take place, and will wish to discuss with the Licensee the operational procedures and safeguards that will be required to avoid damaging the cable system.
6. In the most extreme case where the precise location of the activity is critical and within such a close distance to the cable system that damage would be unavoidable, the possibility of moving the cable may be considered. The cable owner will be willing to discuss this possibility with the Licensee. If the cable owner agrees to move the cable to facilitate the operations of the Licensee, the cable owner will expect the Licensee to reimburse all the costs incurred in moving the cable.
7. Cable owners expect all reasonable and seamanlike precautions to be taken by Licensees to prevent fouling or damaging cable systems in any offshore activity. However, if despite all agreed and reasonable precautions being taken, a cable system is damaged, then the cable owner will hold the Licensee responsible for all costs incurred in repairing the cable system.
8. Further information may be obtained directly from the cable owners.
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| Title
| Table of Contents
Appendix 1 | Appendix 2 | Appendix 3 | Appendix 4 | Appendix
5 | Appendix 6 | Appendix 7 | Appendix 8 | Appendix 9
Appendix 10 | Appendix 11 | Appendix 12 |
Appendix 13 | Appendix 14 | Appendix 15 |
Appendix 16 | Appendix
17
Index Map | Plate 1 |
Plate 2W | Plate 2E | Plate 3W | Plate 3E | Plate
4W | Plate 4E |
Plate 5 | Plate 6
Plate 7 | Plate
8W | Plate 8E | Plate 9W | Plate 9E | Plate 10W | Plate
10E | Plate 11 | Plate 12 | Legend