The Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026
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Change 1
10 Amendment to regulation 113 (marine plan)
For regulation 113(3) substitute— (3) Where Chapter 8 applies by virtue of paragraph (1)— (a) regulations 105(5), 107(3) to (6) and 108 do not apply; (b) where by virtue of paragraph (1) regulation 109 applies in relation to a marine plan which includes a relevant offshore wind plan or project— (i) regulation 109 does not apply in relation to the marine plan to the extent that the negative assessment of the implications for a European site, European offshore marine site or Ramsar site results from the relevant offshore wind plan or project which forms part of the marine plan, (ii) the Secretary of State must secure that appropriate compensatory measures are taken in respect of the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European site, European offshore marine site or Ramsar site, and (iii) compensatory measures are appropriate for the purposes of paragraph (ii) if they would be appropriate compensatory measures for the purposes of regulation 68ZA. .
10 Amendment to regulation 113 (marine plan)
For regulation 113(3) substitute— (3) Where Chapter 8 applies by virtue of paragraph (1)— (a) regulations 105(5), 107(3) to (6) and 108 do not apply; (b) where by virtue of paragraph (1) regulation 109 applies in relation to a marine plan which includes a relevant offshore wind plan or project— (i) regulation 109 does not apply in relation to the marine plan to the extent that the negative assessment of the implications for a European site, European offshore marine site or Ramsar site results from the relevant offshore wind plan or project which forms part of the marine plan, (ii) the Secretary of State must secure that appropriate compensatory measures are taken in respect of the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European site, European offshore marine site or Ramsar site, and (iii) compensatory measures are appropriate for the purposes of paragraph (ii) if they would be appropriate compensatory measures for the purposes of regulation 68ZA. .
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