The Morecambe Offshore Windfarm Generation Assets Order 2025

SCHEDULE 7 Compensation Measures

Article 17 PART 1 Compensation measures: Morecambe Bay and Duddon Estuary Special Protection Area and Ribble and Alt Estuaries Special Protection Area 1 In this part— “construction of a mammalian predator-proof exclusion fence and mammalian predator removal measure” means the measure to construct a mammalian predator-proof exclusion fence and removal of mammalian predators within a fenced enclosure at key lesser black-backed gull nesting site(s); “Defra” means the Department for Environment, Food and Rural Affairs; “habitat management measure” means the measure to manage and improve the vegetation and scrub habitat for nesting lesser black-backed gulls at key lesser black-backed gull nesting site(s); “LBBGCSG” means the Lesser Black-Backed Gull Compensation Steering Group; “final lesser black-backed gull CIMP” means a lesser black-backed gull compensation implementation and monitoring plan for the delivery of a lesser black-backed gull compensation measure to compensate for the predicted loss of lesser black-backed gull from the MBDE and RAE as a result of the authorised development; “lesser black-backed gull compensation measure” means the construction of a mammalian predator-proof exclusion fence and mammalian predator removal measure or the habitat management measure; “the 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 predicted loss of lesser black-backed gull from the MBDE and RAE SPA as a result of the authorised development the sum of which shall be agreed with Defra or such other organisation responsible for the operation of the Marine Recovery Fund; “MBDE” means the site designated as the Morecambe Bay and Duddon Estuary Special Protection Area; “outline compensation implementation and monitoring plan” means the document certified as the outline compensation implementation and monitoring plan for the purposes of this Order under article 12 (certification of documents and plans, etc.); “RAE” means the site designated as the Ribble and Alt Estuaries Special Protection Area; “relevant planning authority” means the planning authority in whose area the lesser black-backed gull compensation measure is located; 2 No later than six months prior to the commencement of the authorised development, the undertaker must confirm in writing to the Secretary of State that— (a) it intends to make a Marine Recovery Fund Payment wholly in substitution for the lesser black-backed gull compensation measure and that it has received confirmation from Defra or the Marine Recovery Fund operator that suitable measures are available; or (b) it intends to submit a final lesser black-backed gull CIMP to the Secretary of State for approval. 3 If the undertaker confirms that it intends to make a Marine Recovery Fund Payment under paragraph 2(a) then the authorised development may not be commenced until the Secretary of State has provided consent in writing to the Marine Recovery Fund Payment being made in substitution for the lesser black-backed gull compensation measure. 4 Where the undertaker elects to submit a final lesser black-backed gull CIMP under paragraph 2(b) the authorised development may not be commenced until a plan for the work of the LBBGCSG has been submitted to and approved by the Secretary of State. Such a plan must include— (a) the identity of, or the arrangements for establishment of, the LBBGCSG; (b) its terms of reference; (c) details of its membership which shall (as a minimum) include the relevant planning authority, the relevant statutory nature conservation body and, where appropriate, the MMO as core members and the Royal Society for the Protection of Birds as an advisory member; (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 LBBGCSG. 5 Following consultation with the LBBGCSG the final lesser black-backed gull CIMP, if required, must be submitted to the Secretary of State for approval, in consultation with the relevant statutory nature conservation body and, where appropriate, the MMO or the relevant local planning authority. 6 The final lesser black-backed gull CIMP, if required, must be based on the strategy for lesser black-backed gull compensation set out in the outline compensation implementation and monitoring plan and must include— (a) details of the location(s) where the lesser black-backed gull compensation measure will be delivered; (b) details of how any necessary land access rights, licences and approvals have been or will be obtained; (c) an implementation timetable for delivery of the lesser black-backed gull compensation measure; (d) a record of LBBGCSG consultations; (e) details of the proposed ongoing monitoring and reporting on the effectiveness of the lesser black-backed gull compensation measure, including— (i) survey methods; (ii) success criteria; (iii) adaptive management measures; (iv) timescales for the monitoring and monitoring reports to be delivered; and (v) details of the mechanism to determine the need for any alternative compensation measures or implementation of adaptive management measures (or both). 7 Where the undertaker elects to submit a final lesser black-backed gull CIMP it must implement the measures set out therein 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, where appropriate, the MMO or the relevant local planning authority. 8 No WTG forming part of Work No. 1 may commence operation until the lesser black-backed gull compensation measure has been implemented for four breeding seasons, unless commencement of operation at an earlier date is approved by the Secretary of State. For the purposes of this paragraph each breeding season is 1 March to 30 September of each year inclusive. 9 Results from the monitoring and reporting scheme referred to in paragraph 6(e) must be submitted at least annually to the Secretary of State and members of the LBBGCSG. This must include details of the effectiveness of the compensation measures delivered. If the undertaker, or, on receipt of a monitoring report, the Secretary of State, determines that the compensation measures delivered have been ineffective the undertaker must provide proposals for any alternative and/or adaptive management measures to address this. Any proposals to address the ineffectiveness of the compensation measures 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. 10 The undertaker must notify the Secretary of State of the implementation of the lesser black-backed gull compensation measure. 11 The lesser black-backed gull compensation measure as approved in the final lesser black-backed gull CIMP must be maintained by the undertaker (or at the undertaker’s expense) for the operational lifetime of the WTGs erected under Work No.1 and must not be decommissioned without the written approval of the Secretary of State in consultation with the relevant statutory nature conservation body. 12 The final lesser black-backed gull CIMP approved under this Schedule includes any amendments that may subsequently be approved by the Secretary of State. Any amendments to or variations of the approved final lesser black-backed gull CIMP must be in accordance with the principles set out in the outline compensation implementation and monitoring plan. 13 Where the undertaker has confirmed that it intends to make a Marine Recovery Fund Payment there shall be no operation of any WTG unless and until the undertaker has received confirmation from Defra or such other organisation responsible for the operation of the Marine Recovery Fund that suitable measures are available, the Marine Recovery Fund Payment has been quantified, such payment has been made by the undertaker and the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures. Following such payment the undertaker shall not be required to implement any further compensation measures for lesser black-backed gull pursuant to this Part 1 of Schedule 7. 14 If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of this Schedule 7, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force. 15 In carrying out any activity pursuant to this Part 1 of Schedule 7, the undertaker must consider the applicability of that activity to great black-backed gull and seek to, as far as possible, maximise the benefit of such activity to great black-backed gull. PART 2 Compensation measures: Liverpool Bay / Bae Lerpwl Special Protection 1 In this Part— “Defra” means the Department for Environment, Food and Rural Affairs; “final red-throated diver CIMP” means a red-throated diver compensation implementation and monitoring plan for the delivery of habitat management measure to compensate for the predicted loss of red-throated diver from the LBBL as a result of the authorised development; “habitat management measure” means the measure to manage and improve habitat, including but not limited to the provision of nesting rafts, for nesting red-throated diver at key red-throated diver nesting site(s); “LBBL” means the site designated as the Liverpool Bay / Bar Lerpwl Special Protection Area; “outline compensation implementation and monitoring plan – red-throated diver” means the document certified as the outline compensation implementation and monitoring plan – red-throated diver for the purposes of this Order under article 12 (certification of documents and plans, etc.); “the 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 predicted loss of red-throated diver from the LBBL as a result of the authorised development the sum of which shall be agreed with Defra or such other organisation responsible for the operation of the Marine Recovery Fund; “relevant planning authority” means the planning authority in whose area the red-throated diver compensation measure is located; “RTDCSG” means the Red-Throated Diver Compensation Steering Group. 2 No later than six months prior to the commencement of the authorised development, the undertaker must confirm in writing to the Secretary of State that— (a) it intends to make a Marine Recovery Fund Payment wholly in substitution for the habitat management measure and that it has received confirmation from Defra or the Marine Recovery Fund operator that suitable measures are available; or (b) it intends to submit a final red-throated diver CIMP to the Secretary of State for approval. 3 If the undertaker confirms that it intends to make a Marine Recovery Fund Payment under paragraph 2(a) then the authorised development may not be commenced until the Secretary of State has provided consent in writing to the Marine Recovery Fund Payment being made in substitution for the habitat management measure. 4 Where the undertaker elects to submit a final red-throated diver CIMP under paragraph 2(b) the authorised development may not be commenced until a plan for the work of the RTDCSG has been submitted to and approved by the Secretary of State. Such a plan must include— (a) the identity of, or the arrangements for establishment of, the RTDCSG; (b) its terms of reference; (c) details of its membership which shall include (as a minimum) the relevant planning authority, the relevant statutory nature conservation body and, where appropriate, the MMO ... as core members and NatureScot and the Royal Society for the Protection of Birds as advisory members; (d) details of the proposed schedule of meetings, and 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 RTDCSG. 5 Following consultation with the RTDCSG the final red-throated diver CIMP, if required, must be submitted to the Secretary of State for approval, in consultation with the relevant statutory nature conservation body and, where appropriate, the MMO or the relevant local planning authority. 6 The final red-throated diver CIMP, if required, must be based on the outline compensation implementation and monitoring plan – red-throated diver and must include— (a) details of the location(s) where the habitat management measure will be delivered; (b) details of how any necessary land access rights, licences and approvals have been or will be obtained; (c) an implementation timetable for delivery of the habitat management measure; (d) a record of RTDCSG consultations; (e) details of the proposed ongoing monitoring and reporting on the effectiveness of the habitat management measure, including— (i) survey methods; (ii) success criteria; (iii) adaptive management measures; (iv) timescales for the monitoring and monitoring reports to be delivered; and (v) details of the mechanism to determine the need for any alternative compensation measures or implementation of adaptive management measures (or both). 7 Where the undertaker elects to submit a final red-throated diver CIMP it must implement the measures set out therein 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, where appropriate, the MMO or the relevant local planning authority. 8 No WTG forming part of Work No. 1 shall be erected until the habitat management measure has been implemented, unless commencement of construction at an earlier date is approved by the Secretary of State. 9 Results from the monitoring and reporting scheme referred to in paragraph 6(e) must be submitted at least annually to the Secretary of State and members of the RTDCSG. This must include details of the effectiveness of the compensation measures delivered. If the undertaker, or, on receipt of a monitoring report, the Secretary of State, determines that the compensation measures delivered have been ineffective the undertaker must provide proposals for any alternative and/or adaptive management measures to address this. Any proposals to address the ineffectiveness of the compensation measures 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. 10 The undertaker must notify the Secretary of State of the implementation of the habitat management measure. 11 The habitat management measure as approved in the final red-throated diver CIMP must be maintained by the undertaker (or at the undertaker’s expense) for the operational lifetime of the WTGs erected under Work No. 1 and must not be decommissioned without the written approval of the Secretary of State in consultation with the relevant statutory nature conservation body. 12 The final red-throated diver CIMP approved under this Schedule includes any amendments that may subsequently be approved by the Secretary of State. Any amendments to or variations of the final red-throated diver CIMP must be in accordance with the principles set out in the outline compensation implementation and monitoring plan – red throated diver. 13 Where the undertaker has confirmed that it intends to make a Marine Recovery Fund Payment there shall be no operation of any WTG unless and until the undertaker has received confirmation from Defra or such other organisation responsible for the operation of the Marine Recovery Fund that suitable measures are available, the Marine Recovery Fund Payment has been quantified, such payment has been made by the undertaker and the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures. Following such payment the undertaker shall not be required to implement any further compensation measures for red-throated diver pursuant to this Part 2 of Schedule 7. 14 If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of this Schedule 7, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.