The Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026
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Change 1
16 Insertion of regulation 36A (compensatory measures: relevant offshore wind plans or projects)
After regulation 36 insert— Compensatory measures: relevant offshore wind plans or projects 36A (1) Paragraph (2) applies where, notwithstanding a negative assessment of the implications for a European offshore marine site or a European site— (a) a relevant offshore wind plan or project is agreed to in accordance with regulation 29, or (b) a decision, or a consent, permission or other authorisation, which relates to a relevant offshore wind plan or project, is affirmed on review in accordance with regulations 29 and 34(3). (2) Where this paragraph applies, the appropriate authority (within the meaning of regulation 36(3)) must secure that appropriate compensatory measures are taken. (3) Compensatory measures are appropriate if they comply with paragraphs (4) to (6). (4) Compensatory measures must benefit the UK MPA network in a manner which is reasonably proportionate to the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European offshore marine site or European site. (5) Compensatory measures must be selected in accordance with the compensation hierarchy. (6) Wider compensatory measures must be approved— (a) if the measures are in respect of a relevant offshore wind plan or project in relation to which the competent authority is a Welsh public authority, by the Welsh Ministers; (b) if the measures are in respect of a relevant offshore wind plan or project in relation to which the competent authority is a Scottish public authority, by the Scottish Ministers; (c) in any other case, by the Secretary of State. (7) The relevant authority must publish— (a) guidance about the exercise of the function under paragraph (2), and (b) the compensation hierarchy. (8) Guidance published under paragraph (7)(a) must, in particular, set out how decisions are to be made under paragraph (4) on whether compensatory measures benefit the UK MPA network in a manner which is reasonably proportionate to the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European offshore marine site or European site. (9) The appropriate authority (within the meaning of regulation 36(3)) must have regard to guidance published under paragraph (7)(a) by the relevant authority when exercising the function under paragraph (2). (10) A relevant authority must consult each of the other consultees on— (a) any proposed revisions to guidance published by that authority under paragraph (7)(a), and (b) any proposed revisions to the compensation hierarchy published by that authority. (11) In this regulation— “compensation hierarchy” means the hierarchy published by the relevant authority under paragraph (7)(b), setting out— categories of compensatory measures by reference to the manner in which they would benefit the UK MPA network, the order of priority in which compensatory measures falling within those categories are generally to be selected, which must, subject to the circumstances set out in accordance with paragraph (c), prioritise the selection of measures which benefit the features of the European offshore marine site or European site which are, or which may be, adversely affected by the relevant offshore wind plan or project, and circumstances in which it may be appropriate to select compensatory measures otherwise than in accordance with the order of priority referred to in paragraph (b), which may include circumstances in which those measures offer a greater ecological benefit to the UK MPA network than measures which are higher in that order of priority; “consultees” means the Secretary of State, the Welsh Ministers, the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland; “protected site” means— a site within the national site network, all or part of which is in the UK marine area; a protected marine area; a Ramsar site, all or part of which is in the UK marine area; or an area notified as a site of special scientific interest under section 28(1) of the Wildlife and Countryside Act 1981 or section 3(1) of the Nature Conservation (Scotland) Act 2004, all or part of which is in the UK marine area; “Ramsar Convention” has the same meaning as in section 37A of the Wildlife and Countryside Act 1981; “Ramsar site” means a site that has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article; “the relevant authority”— in relation to a relevant offshore wind plan or project in respect of which the Secretary of State is the appropriate authority (within the meaning of regulation 36(3)), is the Secretary of State; in relation to a relevant offshore wind plan or project in respect of which the Welsh Ministers are the appropriate authority (within the meaning of regulation 36(3)), is the Welsh Ministers, subject to paragraph (12); in relation to a relevant offshore wind plan or project in respect of which the Scottish Ministers are the appropriate authority (within the meaning of regulation 36(3)), is the Scottish Ministers; “UK marine area” has the same meaning as in section 42 of the Marine and Coastal Access Act 2009; “UK MPA network” means the network of protected sites; “wider compensatory measures” means compensatory measures which benefit the UK MPA network otherwise than by benefitting the features of the European offshore marine site or European site which are, or which may be, adversely affected by the relevant offshore wind plan or project. (12) The Welsh Ministers may decide not to exercise the functions of publishing guidance and the compensation hierarchy under paragraph (7), in which case the relevant authority in relation to a relevant offshore wind plan or project in respect of which the Welsh Ministers are the appropriate authority (within the meaning of regulation 36(3)) is the Secretary of State. .
16 Insertion of regulation 36A (compensatory measures: relevant offshore wind plans or projects)
After regulation 36 insert— Compensatory measures: relevant offshore wind plans or projects 36A (1) Paragraph (2) applies where, notwithstanding a negative assessment of the implications for a European offshore marine site or a European site— (a) a relevant offshore wind plan or project is agreed to in accordance with regulation 29, or (b) a decision, or a consent, permission or other authorisation, which relates to a relevant offshore wind plan or project, is affirmed on review in accordance with regulations 29 and 34(3). (2) Where this paragraph applies, the appropriate authority (within the meaning of regulation 36(3)) must secure that appropriate compensatory measures are taken. (3) Compensatory measures are appropriate if they comply with paragraphs (4) to (6). (4) Compensatory measures must benefit the UK MPA network in a manner which is reasonably proportionate to the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European offshore marine site or European site. (5) Compensatory measures must be selected in accordance with the compensation hierarchy. (6) Wider compensatory measures must be approved— (a) if the measures are in respect of a relevant offshore wind plan or project in relation to which the competent authority is a Welsh public authority, by the Welsh Ministers; (b) if the measures are in respect of a relevant offshore wind plan or project in relation to which the competent authority is a Scottish public authority, by the Scottish Ministers; (c) in any other case, by the Secretary of State. (7) The relevant authority must publish— (a) guidance about the exercise of the function under paragraph (2), and (b) the compensation hierarchy. (8) Guidance published under paragraph (7)(a) must, in particular, set out how decisions are to be made under paragraph (4) on whether compensatory measures benefit the UK MPA network in a manner which is reasonably proportionate to the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European offshore marine site or European site. (9) The appropriate authority (within the meaning of regulation 36(3)) must have regard to guidance published under paragraph (7)(a) by the relevant authority when exercising the function under paragraph (2). (10) A relevant authority must consult each of the other consultees on— (a) any proposed revisions to guidance published by that authority under paragraph (7)(a), and (b) any proposed revisions to the compensation hierarchy published by that authority. (11) In this regulation— “compensation hierarchy” means the hierarchy published by the relevant authority under paragraph (7)(b), setting out— categories of compensatory measures by reference to the manner in which they would benefit the UK MPA network, the order of priority in which compensatory measures falling within those categories are generally to be selected, which must, subject to the circumstances set out in accordance with paragraph (c), prioritise the selection of measures which benefit the features of the European offshore marine site or European site which are, or which may be, adversely affected by the relevant offshore wind plan or project, and circumstances in which it may be appropriate to select compensatory measures otherwise than in accordance with the order of priority referred to in paragraph (b), which may include circumstances in which those measures offer a greater ecological benefit to the UK MPA network than measures which are higher in that order of priority; “consultees” means the Secretary of State, the Welsh Ministers, the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland; “protected site” means— a site within the national site network, all or part of which is in the UK marine area; a protected marine area; a Ramsar site, all or part of which is in the UK marine area; or an area notified as a site of special scientific interest under section 28(1) of the Wildlife and Countryside Act 1981 or section 3(1) of the Nature Conservation (Scotland) Act 2004, all or part of which is in the UK marine area; “Ramsar Convention” has the same meaning as in section 37A of the Wildlife and Countryside Act 1981; “Ramsar site” means a site that has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article; “the relevant authority”— in relation to a relevant offshore wind plan or project in respect of which the Secretary of State is the appropriate authority (within the meaning of regulation 36(3)), is the Secretary of State; in relation to a relevant offshore wind plan or project in respect of which the Welsh Ministers are the appropriate authority (within the meaning of regulation 36(3)), is the Welsh Ministers, subject to paragraph (12); in relation to a relevant offshore wind plan or project in respect of which the Scottish Ministers are the appropriate authority (within the meaning of regulation 36(3)), is the Scottish Ministers; “UK marine area” has the same meaning as in section 42 of the Marine and Coastal Access Act 2009; “UK MPA network” means the network of protected sites; “wider compensatory measures” means compensatory measures which benefit the UK MPA network otherwise than by benefitting the features of the European offshore marine site or European site which are, or which may be, adversely affected by the relevant offshore wind plan or project. (12) The Welsh Ministers may decide not to exercise the functions of publishing guidance and the compensation hierarchy under paragraph (7), in which case the relevant authority in relation to a relevant offshore wind plan or project in respect of which the Welsh Ministers are the appropriate authority (within the meaning of regulation 36(3)) is the Secretary of State. .
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