The Five Estuaries Offshore Wind Farm Order 2025

SCHEDULE 13 Compensation

Article 48 PART 1 Lesser Black Backed Gull 1 In this Part of this Schedule— “the AOE SPA” means the site designated as the Alde-Ore Estuary Special Protection Area; “compensation measure” means a measure which creates, improves, or restores LBBG habitat, and improves breeding success through predator control; “LBBG” means lesser black-backed gulls (Larus fuscus); “LIMP” means the lesser black-backed gull implementation and monitoring plan for the delivery of measures to compensate for the loss of lesser black-backed gulls from the AOE SPA as a result of the authorised development which shall accord with the principles identified in the outline LIMP; “OOEG” means an Offshore Ornithology Engagement Group which has been or shall be established to assist, through consultation, the undertaker in the delivery of the compensation measure; “outline LIMP” means the outline lesser black-backed gull implementation and monitoring plan certified as such by the Secretary of State for the purpose of this Order under article 43 (certification of plans, etc.). 2 No offshore works are to commence until a plan for the work of the OOEG has been submitted to and approved by the Secretary of State. Such a plan must include— (a) the identify of, or the arrangements for the establishment of, the OOEG; (b) the terms of reference of the OOEG; (c) the membership of the OOEG, having regard to the requirements in paragraph 3; (d) details of the proposed schedule of meetings, reporting and review periods; (e) the dispute resolution mechanism and confidentiality provisions; and (f) a schedule of preparation and delivery for the work of the OOEG. 3 (1) The undertaker must invite representatives from the following organisations to participate in the OOEG— (a) the Marine Management Organisation; (b) the relevant statutory nature conservation body; (c) the relevant local planning authority for the area in which the compensation measure(s) is to be provided; and (d) the landowner(s) of the site in which the compensation measure(s) is to be provided. (2) The undertaker must invite representatives from the following organisations to participate as advisory members of the OOEG— (a) the Royal Society for the Protection of Birds; and (b) the relevant Wildlife Trust. 4 Prior to submitting the LIMP to the Secretary of State for approval under paragraph 6, the undertaker must carry out seasonally appropriate ecological surveys. The findings of these surveys must be submitted to and approved by the Secretary of State, in consultation with the relevant statutory nature conservation body and the relevant local planning authority for the area in which the compensation measure(s) is to be provided. 5 The surveys required under paragraph 4 must include— (a) detailed surveys of the habitat, fauna, and flora within the red line boundary of the proposed compensation measure and suitable buffer area, including access points, undertaken at the optimal time(s) for each relevant species or habitat; and (b) following analysis of findings, development of any necessary additional mitigation measures required to inform the LIMP, including monitoring post-installation to determine the success of the mitigation. 6 Following consultation with the OOEG, the LIMP must be submitted to and approved by the Secretary of State in consultation with the statutory nature conservation body and the relevant local planning authority for the area in which the compensation measure is to be provided. 7 The LIMP must be based on the strategy for LBBG compensation set out in the outline LIMP and must include— (a) details of the location(s) where the compensation measure will be delivered and the suitability of that location (including details of its ability to provide the compensation quantum, as determined by the Secretary of State, of 127 breeding pairs of LBBG needed to compensate for the impact of the authorised development on the population of the AOE SPA); (b) confirmation that the necessary landowner agreement(s), licences and approvals are in place; (c) an implementation timetable for delivery of the compensation measure; (d) details of maintenance programmes and biosecurity measures; (e) details of ongoing monitoring and reporting of the effectiveness of the compensation measure including— (i) survey methods; (ii) survey programmes for LBBG and predators; (iii) success criteria; and (iv) timescales for the monitoring reports to be delivered to the OOEG and the Secretary of State under paragraph 11; (f) details of any adaptive management measures, including details of the factors used to trigger any alternative and/or adaptive management measures; (g) details of data-sharing including how monitoring and reporting data will be provided to The Crown Estate Marine Data Exchange, the relevant Local Environmental Records Centre(s), and relevant ecological recording schemes; and (h) confirmation as to how it has had regard to the output of consultation with the OOEG and the provision of a signed OOEG agreement log. 8 The undertaker must implement the measures set out in the LIMP as approved by the Secretary of State, unless otherwise agreed by the Secretary of State in consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the compensation measure(s) is to be provided. 9 No operation of any wind turbine generator forming part of the authorised development may begin until the LIMP has been implemented and completed (where appropriate) for at least three full breeding seasons. For the purposes of this paragraph each breeding season is 1 April to 31 August of each year (inclusive). 10 The undertaker must notify the Secretary of State of implementation of the compensation measure(s). 11 Results from the monitoring and reporting scheme referred to in paragraph 7(e)(iv) must be made publicly available and submitted at least annually to the Secretary of State and members of the OOEG. This must include details of the effectiveness of the compensation measure(s) delivered. If the undertaker, or on receipt of a monitoring report, the Secretary of State, determines that the compensation measure(s) delivered has been ineffective the undertaker must provide proposals agreed by the OOEG for any alternative and/or adaptive management measures to address this. Any proposals to address the ineffectiveness of the compensation measure(s) must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the relevant statutory nature conservation body. 12 The compensation measure(s) as approved in the LIMP must be maintained by the undertaker (or at its expense) for the operational lifetime of the authorised development and only decommissioned following approval in writing by the Secretary of State in consultation with the relevant statutory nature conservation body. 13 The LIMP approved under this Part of this Schedule includes any amendments that may subsequently be approved in writing by the Secretary of State. Any amendments to or variations of the approved LIMP must be in accordance with the principles set out in the outline LIMP and may only be approved where it has been demonstrated to the satisfaction of the Secretary of State that it is unlikely to give rise to any new or materially different environmental effects from those considered in the outline LIMP. PART 2 Kittiwake 1 In this Part of this Schedule— “compensation measure” means an onshore artificial nesting structure, designed to provide a suitable nesting environment for kittiwake; “the FFC SPA” means the site designated as the Flamborough and Filey Coast Special Protection Area; “KIMP” means the kittiwake implementation and monitoring plan for the delivery of measures to compensate for the loss of kittiwake from the FFC SPA as a result of the authorised development which shall accord with the principles identified in the outline KIMP; “Marine Recovery Fund” means the fund to be established and operated pursuant to section 292 of the Energy Act 2023 for the implementation of strategic compensation or any equivalent fund established by a Government body for that purpose; “Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to compensate for the loss of kittiwake from the FFC SPA as a result of the authorised development, the sum of which will be agreed with Defra or other organisation responsible for the operation of the Marine Recovery Fund; “OOEG” means an Offshore Ornithology Engagement Group which has been or shall be established to assist, through consultation, the undertaker in the delivery of the compensation measure; and “outline KIMP” means the outline kittiwake implementation and monitoring plan certified as such by the Secretary of State for the purpose of this Order under article 43 (certification of plans, etc.). 2 (1) No offshore works are to commence until the undertaker has confirmed in writing to the Secretary of State that— (a) it will make a Marine Recovery Fund Payment wholly in substitution for the kittiwake compensation measure and that it has received confirmation from Defra or the Marine Recovery Fund operator that suitable measures are available; or (b) it will submit a KIMP to the Secretary of State for approval. (2) If the undertaker confirms that it intends to make a Marine Recovery Fund Payment under sub-paragraph (1)(a) then no offshore works are to commence until the Secretary of State has provided consent in writing to the Marine Recovery Fund Payment being made in substitution for the kittiwake compensation measure. Marine Recovery Fund 3 (1) Where the undertaker elects to make a Marine Recovery Fund Payment under paragraph 2(1)(a), no operation of any wind turbine generator forming part of the authorised development may begin until— (a) the Marine Recovery Fund Payment has been quantified and the undertaker has entered into a contract to make a Marine Recovery payment to provide the compensation quantum, as determined by the Secretary of State, of 15.9 breeding pairs of kittiwake for the impact to the kittiwake feature of the FFC SPA; (b) an implementation and monitoring plan has been submitted to and approved by the Secretary of State; and (c) the full payment or the first payment in a series of instalments in accordance with the contract in sub-paragraph (a) has been made by the undertaker and the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures. (2) Following receipt of the approvals under sub-paragraph (1) the undertaker shall not be required to implement any further compensation measures for kittiwake pursuant to this Part of this Schedule but this does not obviate the undertaker from its obligation to continue to comply with any payment schedule or any other conditions that form part of the contract entered into by the undertaker under paragraph 3(1)(a). KIMP 4 Where the undertaker elects to submit a KIMP under paragraph 2(1)(b) no offshore works are to commence until a plan for the work of the OOEG has been submitted to and approved by the Secretary of State. Such a plan must include— (a) the identify of, or the arrangements for the establishment of, the OOEG; (b) the terms of reference of the OOEG; (c) the membership of the OOEG, having regard to the requirements in paragraph 5; (d) details of the proposed schedule of meetings, reporting and review periods; (e) the dispute resolution mechanism and confidentiality provisions; and (f) a schedule of preparation and delivery for the work of the OOEG. 5 (1) The undertaker must invite representatives from the following organisations to participate in the OOEG— (a) the Marine Management Organisation; (b) the relevant statutory nature conservation body; (c) the relevant local planning authority for the area in which the compensation measure is to be provided; and (d) the landowner(s) of the site in which the compensation measure is to be provided. (2) The undertaker must invite representatives from the following organisations to participate as advisory members of the OOEG— (a) the Royal Society for the Protection of Birds; and (b) the relevant Wildlife Trust. 6 Following consultation with the OOEG, the KIMP must be submitted to and approved by the Secretary of State in consultation with the relevant statutory nature conservation body and the relevant local planning authority for the area in which the compensation measure is to be provided. 7 The KIMP (if required) must be based on the strategy for kittiwake compensation set out in the outline KIMP and must include— (a) details of the location where the compensation will be delivered and the suitability of that location (including details of its ability to accommodate the number of breeding pairs of kittiwake needed to compensate for the impact of the authorised development on the population of the FFC SPA); (b) confirmation that the necessary landowner agreement(s), licences and approvals are in place; (c) an implementation timetable for delivery of the compensation measure, including any arrangements made with a third party for implementation of the compensation measure; (d) details of maintenance and biosecurity programmes including any contribution to be made to a third party for the ongoing management and maintenance of the compensation measure delivered in collaboration with a third party; (e) details of ongoing monitoring and reporting of the effectiveness of the compensation measure including— (i) survey methods; (ii) survey programmes for kittiwake and predators; (iii) success criteria; and (iv) timescales for the monitoring reports to be delivered to the OOEG and the Secretary of State under paragraph 13; (f) details of any adaptive management measures, including details of the factors used to trigger any alternative and/or adaptive management measures; (g) details of data-sharing including how monitoring and reporting data will be provided to The Crown Estate Marine Data Exchange, the relevant Local Environmental Records Centre(s), and relevant ecological recording schemes; and (h) confirmation as to how it has had regard to the output of consultation with the OOEG and the provision of a signed OOEG agreement log. 8 Where the KIMP identifies the provision of an artificial nesting structure in collaboration with one or more other offshore wind farm projects, the KIMP must, in addition to the information set out in paragraph 7, identify how the effectiveness of the compensation measures and any requirement for adaptive management measures are to be attributed to the authorised development. 9 The undertaker must implement the measures set out in the KIMP as approved by the Secretary of State, unless otherwise agreed by the Secretary of State in consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the compensation measure is to be provided. 10 No operation of any wind turbine generator forming part of the authorised development may begin until the KIMP has been implemented and completed (where appropriate) for at least three full breeding seasons. For the purposes of this paragraph each breeding season is 1 March to 31 August of each year (inclusive). 11 The undertaker must notify the Secretary of State of implementation of the compensation measure. 12 The compensation measure as approved in the KIMP must be maintained by the undertaker (or at its expense) for the operational lifetime of the authorised development and only decommissioned following approval in writing by the Secretary of State in consultation with the relevant statutory nature conservation body. 13 Results from the monitoring and reporting scheme referred to in paragraph 7(e)(iv) must be made publicly available and submitted at least annually to the Secretary of State and members of the OOEG. This must include details of the effectiveness of the compensation measure delivered. If the undertaker, or on receipt of a monitoring report, the Secretary of State, determines that the compensation measure delivered has been ineffective the undertaker must provide proposals agreed by the OOEG for any alternative and/or adaptive management measures to address this. Any proposals to address the ineffectiveness of the compensation measure must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the relevant statutory nature conservation body. 14 The KIMP approved under this Part of this Schedule includes any amendments that may subsequently be approved in writing by the Secretary of State. Any amendments to or variations of the approved KIMP must be in accordance with the principles set out in the outline KIMP and may only be approved where it has been demonstrated to the satisfaction of the Secretary of State that it is unlikely to give rise to any new or materially different environmental effects from those considered in the outline KIMP. PART 3 Guillemot 1 In this Part of this Schedule— “compensation measure” means the funding, provision or support of management measures at guillemot colonies in the southwest of England including: recreational disturbance reduction; wardening; signage; education; visitor access statements; and engagement with local businesses and organisations; “the FFC SPA” means the site designated as the Flamborough and Filey Coast Special Protection Area; “GCIMP” means a guillemot compensation implementation and monitoring plan for the delivery of measures to compensate for the loss of guillemot from the FFC SPA and Farne Islands Special Protection Area; “Marine Recovery Fund” means the fund to be established and operated by Defra pursuant to section 292 of the Energy Act 2023 for the implementation of strategic compensation or any equivalent fund established by a Government body for that purpose; “Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to compensate for the loss of adult guillemot and razorbill from the FFC SPA and Farne Islands Special Protection Area as a result of the authorised development, the sum of which will be agreed with Defra or other organisation responsible for the operation of the Marine Recovery Fund; “OOEG” means an Offshore Ornithology Engagement Group which has been or shall be established to assist, through consultation, the undertaker in the delivery of the compensation measure; and “outline GRIMP” means the outline guillemot and razorbill implementation and monitoring plan certified as such by the Secretary of State for the purpose of this Order under article 43 (certification of plans, etc.). 2 (1) No offshore works are to commence until the undertaker has confirmed in writing to the Secretary of State that— (a) it will make a Marine Recovery Fund Payment wholly in substitution for the guillemot compensation measure and that it has received confirmation from Defra or the Marine Recovery Fund operator that suitable measures are available; or (b) it will submit the GCIMP(s) to the Secretary of State for approval. (2) If the undertaker confirms that it intends to make a Marine Recovery Fund Payment under sub-paragraph (1)(a) then no offshore works are to commence until the Secretary of State has provided consent in writing to the Marine Recovery Fund Payment being made in substation for the guillemot compensation measure. (3) If the undertaker confirms that it intends to submit GCIMP(s) under sub-paragraph (1)(b) then a separate GCIMP must be submitted for each site on which the compensation measure is to be delivered. Marine Recovery Fund 3 (1) Where the undertaker elects to make a Marine Recovery Fund Payment under paragraph 2(1)(a), no operation of any wind turbine generator forming part of the authorised development may begin until— (a) the Marine Recovery Fund Payment has been quantified and the undertaker has entered into a contract to make a Marine Recovery payment to provide the compensation quantum, as determined by the Secretary of State, of 30.23 breeding pairs of guillemot for the FFC SPA and 25.59 breeding pairs of guillemot for the Farne Islands Special Protection Area; (b) an implementation and monitoring plan has been submitted to and approved by the Secretary of State; and (c) the full payment or the first payment in a series of instalments in accordance with the contract under sub-paragraph (a) has been made by the undertaker and the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures. (2) Following receipt of the approvals under sub-paragraph (1) the undertaker shall not be required to implement any further compensation measures for guillemot pursuant to this Part of this Schedule but this does not obviate the undertaker from its obligation to continue to comply with any payment schedule or any other conditions that form part of the contract entered into by the undertaker in accordance with paragraph 3(1)(a). GCIMP(s) 4 Where the undertaker elects to submit one or more GCIMP(s) under paragraph 2(1)(b) no offshore works are to commence until a plan for the work of the OOEG has been submitted to and approved by the Secretary of State. Such a plan must include— (a) the identify of, or the arrangements for the establishment of, the OOEG; (b) the terms of reference of the OOEG; (c) the membership of the OOEG, having regard to the requirements in paragraph 5; (d) details of the proposed schedule of meetings, reporting and review periods; (e) the dispute resolution mechanism and confidentiality provisions; and (f) a schedule of preparation and delivery for the work of the OOEG. 5 (1) The undertaker must invite representatives from the following organisations to participate in the OOEG— (a) the Marine Management Organisation; (b) the relevant statutory nature conservation body; (c) the relevant local planning authority for the area in which the compensation measure is to be provided; and (d) the landowner(s) of the site in which the compensation measure is to be provided. (2) The undertaker must invite representatives from the following organisations to participate as advisory members of the OOEG— (a) the Royal Society for the Protection of Birds; and (b) the relevant Wildlife Trust. 6 Following consultation with the OOEG, the GCIMP(s) must be submitted to and approved by the Secretary of State in consultation with the relevant statutory nature conservation body and the relevant local planning authority for the area in which the compensation measure is to be provided. 7 The GCIMP(s) (if required) must be based on the strategy for guillemot compensation set out in the outline GRIMP and each must include— (a) details of the location(s) where the relevant compensation measure will be delivered and the suitability of that location (including details of its ability to accommodate the number of breeding pairs of guillemot needed to compensate for the impact of the authorised development on the population of the FFC SPA and Farne Islands Special Protection Area); (b) confirmation that the necessary landowner agreement(s), licences and approvals are in place; (c) an implementation timetable for delivery of the relevant compensation measure, including any arrangements made with a third party for implementation of the measures provided; (d) details of maintenance and biosecurity programmes including any contribution to be made to a third party for the ongoing management and maintenance of the compensation measure delivered in collaboration with a third party; (e) details of ongoing monitoring and reporting of the effectiveness of the compensation measure including— (i) survey methods; (ii) survey programmes for guillemot and predators; (iii) success criteria; and (iv) timescales for the monitoring reports to be delivered to the OOEG and the Secretary of State under paragraph 13; (f) details of any adaptive management measures, including details of the factors used to trigger any alternative and/or adaptive management measures; (g) details of data-sharing including how monitoring and reporting data will be provided to The Crown Estate Marine Data Exchange, the relevant Local Environmental Records Centre(s), and relevant ecological recording schemes; and (h) confirmation as to how it has had regard to the output of consultation with the OOEG and the provision of a signed OOEG agreement log. 8 Where the GCIMP(s) identify the funding, provision or support of management measures at guillemot colonies in collaboration with one or more other offshore wind farm projects, the GCIMP(s) must, in addition to the information set out in paragraph 7, identify how the effectiveness of the compensation measures and any requirement for adaptive management measures are to be attributed to the authorised development. 9 The undertaker must implement the measures set out in the GCIMP(s) as approved by the Secretary of State, unless otherwise agreed by the Secretary of State in consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the compensation measure is to be provided. 10 No operation of any wind turbine generator forming part of the authorised development may begin until the GCIMP(s) have been implemented and completed (where appropriate). 11 The undertaker must notify the Secretary of State of implementation of the compensation measure. 12 The compensation measure as approved in the GCIMP(s) must be maintained by the undertaker (or at its expense) for the operational lifetime of the authorised development and only decommissioned following approval in writing by the Secretary of State in consultation with the relevant statutory nature conservation body. 13 Results from the monitoring and reporting scheme referred to in paragraph 7(e)(iv) must be made publicly available and submitted at least annually to the Secretary of State and members of the OOEG. This must include details of the effectiveness of the compensation measure delivered. If the undertaker, or on receipt of a monitoring report, the Secretary of State, determines that the compensation measure delivered has been ineffective the undertaker must provide proposals agreed by the OOEG for any alternative and/or adaptive management measures to address this. Any proposals to address the ineffectiveness of the compensation measure must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the relevant statutory nature conservation body. 14 The GCIMP(s) approved under this Part of this Schedule includes any amendments that may subsequently be approved in writing by the Secretary of State. Any amendments to or variations of the approved GCIMP(s) must be in accordance with the principles set out in the outline GRIMP in relation to guillemot and may only be approved where it has been demonstrated to the satisfaction of the Secretary of State that it is unlikely to give rise to any new or materially different environmental effects from those considered in the outline GRIMP. PART 4 Benthic 1 In this Part of this Schedule— “Marine Recovery Fund” means the fund to be established and operated pursuant to section 292 of the Energy Act 2023 for the implementation of strategic compensation or any equivalent fund established by a Government body for that purpose; “Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to compensate for impacts on protected features of the MLS SAC as a result of the authorised development, the sum of which will be agreed with Defra or other organisation responsible for the operation of the Marine Recovery Fund; and “the MLS SAC” means the site designated as the Margate and Long Sands Special Area of Conservation. 2 No installation of cable protection measures forming part of the offshore works within the MLS SAC are to commence until— (a) the undertaker has received confirmation from Defra or the operator of the Marine Recovery Fund that suitable measures are available to provide the compensation quantum, as determined by the Secretary of State, of 5,400m2 for the impact to the sandbanks which are slightly covered by seawater all the time, feature of the MLS SAC; (b) the Marine Recovery Fund Payment has been quantified and the undertaker has entered into a contract to make a Marine Recovery Fund payment; (c) an implementation and monitoring plan has been submitted to and approved by the Secretary of State; and (d) the full payment or the first payment in a series of instalments in accordance with the contract under sub-paragraph (b) has been made by the undertaker and the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures under this Part of this Schedule. 3 Following receipt of the approvals under paragraph 2 the undertaker shall not be required to implement any further compensation measures for the impacts to the MLS SAC pursuant to this Part of this Schedule but this does not obviate the undertaker from its obligation to continue to comply with any payment schedule or any other conditions that form part of the contract by the undertaker under paragraph 2(a).