The North Falls Offshore Wind Farm Order 2026

SCHEDULE 15 COMPENSATION TO PROTECT THE COHERENCE OF THE NATIONAL SITE NETWORK

Article 50 PART 1 LESSER BLACK BACKED GULL COMPENSATION 1 In this Part 1 of Schedule 15— “AEoI” means the adverse effects on the integrity of the AOE SPA, being the annual loss of 2.3 adult LBBG from the AOE SPA, as determined by the Secretary of State; “AOE SPA” means the site designated as the Alde-Ore Estuary Special Protection Area; “compensation measure” means the breeding enhancement measure to compensate for the AEoI; “LBBG” means lesser black backed gulls (Larus fuscus); “LBBG CIMP” means the LBBG compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult LBBG from the AOE SPA as a result of the authorised development, to be developed in accordance with the outline LBBG CIMP; “LBCSG” means the Lesser Black-backed gull Compensation Steering Group; “Marine Recovery Fund” means the fund operated by the MRFO pursuant to the Marine Recovery Funds Regulations 2025, the Energy Act 2023 or any subordinate legislation made thereto 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 AEoI (or a specified portion thereof if the payment is made as partial compensation) as a result of the authorised development, the sum of such payment to be agreed with the MRFO; “the MRFO” means the Marine Recovery Fund Operator, which is Defra or any other designated operator under the Marine Recovery Fund Regulations 2025; and “relevant planning authority” means the district local planning authority for the area in which the relevant compensatory measure is to be located. 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 compensation measure and that it has received confirmation from the MRFO that suitable measures are available; or (b) it will submit a LBBG CIMP to the Secretary of State for approval and it will make a Marine Recovery Fund payment partially in substitution for an agreed proportion of the AEoI and that it has received confirmation from the MRFO that suitable measures are available; or (c) it will submit a LBBG CIMP to the Secretary of State for approval. (2) If the undertaker confirms that it intends to make a Marine Recovery Fund payment under either sub-paragraph (1)(a) or (1)(b) 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 either wholly in substitution for the compensation measure or in relation to an agreed proportion of the AEoI. Marine Recovery Fund 3 (1) Where the undertaker elects to make a Marine Recovery Fund payment under paragraph 2(1)(a) or 2(1)(b), 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 Fund payment wholly or partly, to provide compensation for the AEoI (or an agreed proportion thereof); (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) If the Marine Recovery Fund payment is made wholly in substitution for the compensation measures under sub-paragraph 1(a) then, following receipt of the approvals under sub-paragraph (1) the undertaker shall not be required to implement any further measures to compensate for the AEoI 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 sub-paragraph 1(a). LBBG CIMP 4 Where the undertaker elects to submit a LBBG CIMP under paragraph 2(1)(b) or 2(1)(c), the undertaker must form and administer the LBCSG before carrying out any works to deliver the compensation measure under a LBBG CIMP to be approved under this Part 1 of Schedule 15. The undertaker will invite representatives from the following organisations, as a minimum, to participate in the LBCSG— (a) Marine Management Organisation; (b) the relevant SNCB; (c) the relevant planning authority; and (d) the Royal Society for the Protection of Birds. 5 (1) The LBCSG will develop a plan for the work of the LBCSG, to be submitted to and approved by the Secretary of State, which is to include— (a) its terms of reference; (b) details of its membership; (c) details of the proposed schedule of meetings, reporting and review periods; (d) a schedule for the preparation of the LBBG CIMP; and (e) the dispute resolution mechanism and confidentiality provisions. (2) The LBCSG must be convened and consulted on the proposed LBBG CIMP before any approval of the LBBG CIMP is sought by the undertaker under this paragraph. 6 Following consultation with the LBCSG the LBBG CIMP must be submitted to, and approved by, the Secretary of State in consultation with the relevant SNCB and the relevant planning authority for the area in which the compensation measure is to be provided prior to the commencement of Work No. 1. 7 The LBBG CIMP 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 accommodate the number of breeding pairs of LBBG needed to compensate for the impact of the authorised development on the population of the AOE SPA) and consideration of relevant pre-construction surveys and data analysis; (b) details of how any necessary land access rights, licences and approvals have or will be obtained and any biosecurity measures will be or have been secured; (c) details of how the compensation measure will be delivered and an implementation timetable; (d) details of survey methodologies, monitoring and maintenance programmes; (e) success criteria; (f) survey and reporting programmes for LBBG and predators; (g) details of any adaptive management measures, with details of the factors used to trigger any such measures; (h) provision for reports to be delivered to the LBCSG and to the Secretary of State; (i) a plan for reporting to the LBCSG and consulting the LBCSG on the details of any proposed adaptive management measures and/or amendments to the LBBG CIMP; (j) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a contribution to the Marine Recovery Fund wholly or partly in substitution for the compensation measure as an adaptive management measure for the purposes of paragraph (g). The sum of the contribution to be agreed between the undertaker and the MRFO in consultation with the LBCSG; and (k) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the compensation measure or as an adaptive management measure for the purposes of sub-paragraph (g). The sum of the contribution is to be agreed between the undertaker and the other party in consultation with the LBCSG. If this option is exercised the undertaker will be required to submit a revised LBBG CIMP to the Secretary of State for approval containing the information required in sub-paragraph 7(a)-(i) of this Part of the Schedule. The Secretary of State shall consult with the relevant SNCB prior to granting consent in terms of this paragraph. 8 The undertaker must carry out the compensation measure in accordance with the LBBG CIMP as approved by the Secretary of State in consultation with the relevant SNCB and, where appropriate, the MMO and/or the relevant planning authority, unless otherwise provided for in this Part 1 of Schedule 15. The details approved under this paragraph include any amendments that may subsequently be approved in writing by the Secretary of State. 9 No wind turbine generator forming part of Work No. 1 may commence operation until the compensation measure has been implemented for at least three 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 completion of implementation of the compensation measure. The compensation measure implemented in accordance with any final LBBG CIMP must be maintained by the undertaker (or at its expense) for at least the operational lifetime of the authorised development, unless otherwise agreed by the Secretary of State, and must not be decommissioned without written approval of the Secretary of State in consultation with the relevant SNCB. 11 Results from the monitoring and reporting scheme referred to in paragraph 7(h) must be made publicly available and submitted at least annually to the Secretary of State and members of the LBCSG. 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 LBCSG 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 SNCB. 12 Where the compensation measure as approved in the LBBG CIMP includes the installation of predator control fencing, such fencing must be maintained by the undertaker (or at its expense) for at least the operational lifetime of the wind turbine generators erected under Work No. 1 unless otherwise agreed by the Secretary of State. The compensation measures implemented in accordance with any final CIMP must not be decommissioned without written approval of the Secretary of State in consultation with the relevant SNCB. 13 The LBBG CIMP 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 CIMP must be in accordance with the principles set out in the outline LBBG CIMP 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 LBBG CIMP. 14 In the event of any conflict between the terms of this Order and the LBBG CIMP, the provisions of this Order shall prevail. PART 2 GUILLEMOT COMPENSATION 15 In this Part 2 of Schedule 15— “AEoI” means the adverse effects on the integrity of the Farne Islands SPA and FFC SPA, being the annual loss of a total 6.1 adult guillemot from the Farne Islands SPA and FFC SPA, as determined by the Secretary of State; “compensation measure” means the reduction of recreational disturbance on breeding colonies; “Farne Islands SPA” means the site designated as the Farne Islands Special Protection Area; “FFC SPA” means the site designated as the Flamborough and Filey Coast Special Protection Area; “GCSG” means the Guillemot Compensation Steering Group; “guillemot CIMP” means the guillemot compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult guillemot from the Farne Islands SPA and FFC SPA as a result of the authorised development, to be developed in accordance with the outline guillemot CIMP; “Marine Recovery Fund” means the fund operated by the MRFO pursuant to the Marine Recovery Funds Regulations 2025, the Energy Act 2023 or any subordinate legislation made thereto 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 AEoI (or a specified portion thereof if the payment is made as partial compensation) as a result of the authorised development, the sum of such payment to be agreed with the MRFO; “the MRFO” means the Marine Recovery Fund Operator, which is Defra or any other designated operator under the Marine Recovery Fund Regulations 2025; and “relevant planning authority” means the district local planning authority for the area in which the relevant compensatory measure is to be located. 16 (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 compensation measure and that it has received confirmation from the MRFO that suitable measures are available; or (b) it will submit a guillemot CIMP to the Secretary of State for approval and will make a Marine Recovery Fund payment partially in substitution for an agreed proportion of the AEoI and that it has received confirmation from the MRFO that suitable measures are available; or (c) it will submit a guillemot CIMP to the Secretary of State for approval. (2) If the undertaker confirms that it intends to make a Marine Recovery Fund payment under either sub-paragraph (1)(a) or (1)(b) 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 either wholly in substitution for the compensation measure or in relation to an agreed proportion of the AEoI. Marine Recovery Fund 17 (1) Where the undertaker elects to make a Marine Recovery Fund payment under paragraph 17(1)(a) or 17(1)(b), 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 Fund payment wholly or partly, to provide compensation for the AEoI (or an agreed proportion thereof); (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) If the Marine Recovery Fund payment is made wholly in substitution for the compensation measures under sub-paragraph (1)(a) then, following receipt of the approvals under sub-paragraph (1) the undertaker shall not be required to implement any further measures to compensate for the AEoI 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 sub-paragraph (1)(a). Guillemot CIMP 18 Where the undertaker elects to submit a guillemot CIMP under paragraph 17(1)(b) or 17(b)(c), the undertaker must form and administer the GCSG before carrying out any works to deliver the compensation measure under a guillemot CIMP to be approved under this Part 2 of Schedule 15. The undertaker will invite representatives from the following organisations, as a minimum, to participate in the GCSG— (a) Marine Management Organisation; (b) the relevant SNCB; (c) the relevant planning authority; and (d) the Royal Society for the Protection of Birds. 19 (1) The GCSG will develop a plan for the work of the GCSG, to be submitted to and approved by the Secretary of State, which is to include— (a) its terms of reference; (b) details of its membership; (c) details of the proposed schedule of meetings, reporting and review periods; (d) a schedule for the preparation of the guillemot CIMP; and (e) the dispute resolution mechanism and confidentiality provisions. (2) The GCSG must be convened and consulted on the proposed guillemot CIMP before any approval of the guillemot CIMP is sought by the undertaker under this paragraph. 20 Following consultation with the GCSG the guillemot CIMP must be submitted to, and approved by, the Secretary of State in consultation with the relevant SNCB and the relevant planning authority for the area in which the compensation measure is to be provided prior to the commencement of Work No. 1. 21 The guillemot CIMP 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 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 SPA) and consideration of relevant site selection surveys, stakeholder consultation and data analysis; (b) details of how any necessary land access rights, licences and approvals have or will be obtained and any biosecurity measures will be or have been secured; (c) details of the scale of management interventions (including consideration of compensation ratios) and how this compensation measure will be delivered and an implementation timetable; (d) details of survey methodologies, monitoring and maintenance programmes; (e) success criteria; (f) survey and reporting programmes for guillemot; (g) details of any adaptive management measures, with details of the factors used to trigger any such measures; (h) provision for reports to be delivered to the GCSG and to the Secretary of State; (i) a plan for reporting to the GCSG and consulting the GCSG on the details of any proposed adaptive management measures and/or amendments to the guillemot CIMP; and (j) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a contribution to the Marine Recovery Fund wholly or partly in substitution for the compensation measure as an adaptive management measure for the purposes of paragraph (g). The sum of the contribution to be agreed between the undertaker and the MRFO in consultation with the GCSG. 22 Provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the compensation measure or as an adaptive management measure for the purposes of sub-paragraph (g). The sum of the contribution is to be agreed between the undertaker and the other party in consultation with the GCSG. If this option is exercised the undertaker will be required to submit a revised guillemot CIMP to the Secretary of State for approval containing the information required in sub-paragraph 21(a)-(i) of this Part of the Schedule. The Secretary of State shall consult with the relevant SNCB prior to granting consent in terms of this paragraph.The undertaker must carry out the compensation measure in accordance with the guillemot CIMP as approved by the Secretary of State in consultation with the relevant SNCB and, where appropriate, the MMO and/or the relevant planning authority unless otherwise provided for in this Part 2 of Schedule 15. The details approved under this paragraph include any amendments that may subsequently be approved in writing by the Secretary of State. 23 No wind turbine generator forming part of Work No. 1 may commence operation until the compensation measure has been implemented for at least three breeding seasons. For the purposes of this paragraph each breeding season is 1 March to 31 July of each year inclusive. 24 The undertaker must notify the Secretary of State of completion of implementation of the compensation measure. The compensation measure implemented in accordance with any final GCSG CIMP must be maintained by the undertaker (or at its expense) for at least the operational lifetime of the authorised development, unless otherwise agreed by the Secretary of State and must not be decommissioned without written approval of the Secretary of State in consultation with the relevant SNCB. 25 Results from the monitoring and reporting scheme referred to in paragraph 21(h) must be made publicly available and submitted at least annually to the Secretary of State and members of the GCSG. 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 GCSG 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 SNCB. 26 The guillemot CIMP 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 CIMP must be in accordance with the principles set out in the outline guillemot CIMP 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 guillemot CIMP. 27 In the event of any conflict between the terms of this Order and the guillemot CIMP, the provisions of this Order shall prevail. PART 3 KITTIWAKE COMPENSATION 28 In this Part 3 of Schedule 15— “AEoI” means the adverse effects on the integrity of the FFC SPA, being the annual loss of 0.76 adult kittiwake from the FFC SPA, as determined by the Secretary of State; “compensation measure” means the artificial nesting structure to provide suitable nesting environment for kittiwake; “FFC SPA” means the site designated as the Flamborough and Filey Coast Special Protection Area; “KCSG” means the Kittiwake Compensation Steering Group; “kittiwake CIMP” means the kittiwake compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult kittiwake from the FFC SPA as a result of the authorised development, to be developed in accordance with the outline kittiwake CIMP; “Marine Recovery Fund” means the fund operated by the MRFO pursuant to the Marine Recovery Funds Regulations 2025, the Energy Act 2023 or any subordinate legislation made thereto 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 AEoI (or a specified portion thereof if the payment is made as partial compensation) as a result of the authorised development, the sum of such payment to be agreed with the MRFO; “the MRFO” means the Marine Recovery Fund Operator, which is Defra or any other designated operator under the Marine Recovery Fund Regulations 2025; and “relevant planning authority” means the district local planning authority for the area in which the relevant compensatory measure is to be located. 29 (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 compensation measure and that it has received confirmation from the MRFO that suitable measures are available; or (b) it will submit a kittiwake CIMP to the Secretary of State for approval and will make a Marine Recovery Fund payment partially in substitution for an agreed proportion of the AEoI and that it has received confirmation from the MRFO that suitable measures are available; or (c) it will submit a kittiwake CIMP to the Secretary of State for approval. (2) If the undertaker confirms that it intends to make a Marine Recovery Fund payment under either sub-paragraph (1)(a) or (1)(b) 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 either wholly in substitution for the compensation measure or in relation to an agreed proportion of the AEoI. Marine Recovery Fund 30 (1) Where the undertaker elects to make a Marine Recovery Fund payment under paragraph 30(1)(a) or 30(1)(b), 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 Fund payment wholly or partly, to provide compensation for the AEoI (or an agreed proportion thereof); (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) If the Marine Recovery Fund payment is made wholly in substitution for the compensation measure under sub-paragraph (1)(a) then, following receipt of the approvals under sub-paragraph (1) the undertaker shall not be required to implement any further measures to compensate for the AEoI 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 sub-paragraph (1)(a). Kittiwake CIMP 31 Where the undertaker elects to submit a kittiwake CIMP under paragraph 30(1)(b) or 30(b)(c), the undertaker must form and administer the KCSG before carrying out any works to deliver the compensation measure under a kittiwake CIMP to be approved under this Part 3 of Schedule 15. The undertaker will invite representatives from the following organisations, as a minimum, to participate in the KCSG— (a) Marine Management Organisation; (b) the relevant SNCB; (c) the relevant planning authority; and (d) the Royal Society for the Protection of Birds. 32 (1) The KCSG will develop a plan for the work of the KCSG, to be submitted to and approved by the Secretary of State, which is to include— (a) its terms of reference; (b) details of its membership; (c) details of the proposed schedule of meetings, reporting and review periods; (d) a schedule for the preparation of the kittiwake CIMP; and (e) the dispute resolution mechanism and confidentiality provisions. (2) The KCSG must be convened and consulted on the proposed kittiwake CIMP before any approval of the kittiwake CIMP is sought by the undertaker under this paragraph. 33 Following consultation with the KCSG the kittiwake CIMP must be submitted to, and approved by, the Secretary of State in consultation with the relevant SNCB and the relevant planning authority for the area in which the compensation measure is to be provided prior to the commencement of Work No. 1. 34 The kittiwake CIMP 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 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) details of how any necessary land access rights, licences and approvals have or will be obtained and any biosecurity measures will be or have been secured; (c) details of how the compensation measure will be delivered and an implementation timetable; (d) details of survey methodologies, monitoring and maintenance programmes; (e) success criteria; (f) survey and reporting programmes for kittiwake; (g) details of any adaptive management measures, with details of the factors used to trigger any such measures; (h) provision for reports to be delivered to the KCSG and to the Secretary of State; (i) a plan for reporting to the KCSG and consulting the KCSG on the details of any proposed adaptive management measures and/or amendments to the kittiwake CIMP; (j) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a contribution to the Marine Recovery Fund wholly or partly in substitution for the compensation measure as an adaptive management measure for the purposes of paragraph (g). The sum of the contribution to be agreed between the undertaker and the MRFO in consultation with the KCSG; and (k) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the compensation measure or as an adaptive management measure for the purposes of sub-paragraph (g). The sum of the contribution is to be agreed between the undertaker and the other party in consultation with the KCSG. If this option is exercised the undertaker will be required to submit a revised kittiwake CIMP to the Secretary of State for approval containing the information required in sub-paragraph 34(a)-(i) of this Part of the Schedule. The Secretary of State shall consult with the relevant SNCB prior to granting consent in terms of this paragraph. 35 The undertaker must carry out the compensation measure in accordance with the kittiwake CIMP as approved by the Secretary of State in consultation with the relevant SNCB and, where appropriate, the MMO and/or the relevant planning authority, unless otherwise provided for in this Part 3 of Schedule 15. The details approved under this paragraph include any amendments that may subsequently be approved in writing by the Secretary of State. 36 No wind turbine generator forming part of Work No. 1 may commence operation until the compensation measure has been implemented for at least three breeding seasons. For the purposes of this paragraph each breeding season is 1 March to 31 August of each year inclusive. 37 The undertaker must notify the Secretary of State of completion of implementation of the compensation measure. The compensation measure implemented in accordance with any final kittiwake CIMP must be maintained by the undertaker (or at its expense) for at least the operational lifetime of the authorised development, unless otherwise agreed by the Secretary of State, and must not be decommissioned without written approval of the Secretary of State in consultation with the relevant SNCB. 38 Results from the monitoring and reporting scheme referred to in paragraph 35(h) must be made publicly available and submitted at least annually to the Secretary of State and members of the KCSG. 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 KCSG 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. 39 The kittiwake CIMP 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 CIMP must be in accordance with the principles set out in the outline kittiwake CIMP 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 kittiwake CIMP. 40 In the event of any conflict between the terms of this Order and the kittiwake CIMP, the provisions of this Order shall prevail. PART 4 RED THROATED DIVER COMPENSATION 41 In this Part 4 of Schedule 15— “AEoI” means the adverse effects on the integrity of the OTE SPA, being the area of 54.5 km² of the OTE SPA where disturbance and displacement effects relate to the authorised development alone and the area of 33.91 km² where the authorised development is the closest offshore wind project to the OTE SPA, as determined by the Secretary of State; “compensation measure” means the breeding enhancement measure to compensate for the AEoI; “Marine Recovery Fund” means the fund operated by the MRFO pursuant to the Marine Recovery Funds Regulations 2025, the Energy Act 2023 or any subordinate legislation made thereto 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 AEoI (or a specified portion thereof if the payment is made as partial compensation) as a result of the authorised development, the sum of such payment to be agreed with the MRFO; “the MRFO” means the Marine Recovery Fund Operator, which is Defra or any other designated operator under the Marine Recovery Fund Regulations 2025; “OTE SPA” means the site designated as the Outer Thames Estuary Special Protection Area; “relevant planning authority” means the district local planning authority for the area in which the relevant compensatory measure is to be located; “RTD” means red-throated diver (Gavia stellata); “RTD CIMP” means the RTD compensation implementation and monitoring plan for the delivery of measures to compensate for the effects of predicted disturbance and displacement of RTD from the OTE SPA as a result of the authorised development, to be developed in accordance with the outline RTD CIMP; and “RTDCSG” means the RTD Compensation Steering Group. 42 (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 compensation measure and that it has received confirmation from the MRFO that suitable measures are available; or (b) it will submit a RTD CIMP to the Secretary of State for approval and will make a Marine Recovery Fund payment partially in substitution for an agreed proportion of the AEoI and that it has received confirmation from the MRFO that suitable measures are available; or (c) it will submit a RTD CIMP to the Secretary of State for approval. (2) If the undertaker confirms that it intends to make a Marine Recovery Fund payment under either sub-paragraph (1)(a) or (1)(b) 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 either wholly in substitution for the compensation measures or in relation to an agreed proportion of the AEoI. Marine Recovery Fund 43 (1) Where the undertaker elects to make a Marine Recovery Fund payment under paragraph 42(1)(a) or 42(1)(b), Work No. 1 must not commence until— (a) the Marine Recovery Fund payment has been quantified and the undertaker has entered into a contract to make a Marine Recovery Fund payment wholly or partly, to provide compensation for the AEoI (or an agreed proportion thereof); (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) If the Marine Recovery Fund payment is made wholly in substitution for the compensation measure under sub-paragraph (1)(a) then, following receipt of the approvals under sub-paragraph (1) the undertaker shall not be required to implement any further measures to compensate for the AEoI 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 sub-paragraph (1)(a). RTD CIMP 44 Where the undertaker elects to submit a RTD CIMP under paragraph 44(1)(b) or 44(b)(c), the undertaker must form and administer the RTDCSG before carrying out any works to deliver the compensation measure under a RTD CIMP to be approved under this Part 4 of Schedule 15. The undertaker will invite representatives from the following organisations, as a minimum, to participate in the RTDCSG— (a) Marine Management Organisation; (b) the relevant SNCB; (c) the relevant planning authority; (d) the Royal Society for the Protection of Birds; and (e) NatureScot. 45 (1) The RTDCSG will develop a plan for the work of the RTDCSG, to be submitted to and approved by the Secretary of State, which is to include— (a) its terms of reference; (b) details of its membership; (c) details of the proposed schedule of meetings, reporting and review periods; (d) a schedule for the preparation of the RTD CIMP; and (e) the dispute resolution mechanism and confidentiality provisions. (2) The RTDCSG must be convened and consulted on the proposed RTD CIMP before any approval of the RTD CIMP is sought by the undertaker under this paragraph. 46 Following consultation with the RTDCSG the RTD CIMP must be submitted to, and approved by, the Secretary of State in consultation with the relevant SNCB and the relevant planning authority for the area in which the compensation measure is to be provided prior to the commencement of Work No. 1. 47 The RTD CIMP 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 accommodate the breeding productivity needed to compensate for the impact of the authorised development on the OTE SPA) and consideration of relevant site selection surveys and data analysis; (b) details of how any necessary land access rights, licences and approvals have or will be obtained and any biosecurity measures will be or have been secured; (c) details of how the compensation measure will be delivered and an implementation timetable; (d) details of survey methodologies, monitoring and maintenance programmes; (e) success criteria; (f) survey and reporting programmes for RTD; (g) details of any adaptive management measures, with details of the factors used to trigger any such measures; (h) provision for reports to be delivered to the RTDCSG and to the Secretary of State; (i) a plan for reporting to the RTDCSG and consulting the RTDCSG on the details of any proposed adaptive management measures and/or amendments to the RTD CIMP; (j) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a contribution to the Marine Recovery Fund wholly or partly in substitution for the compensation measure as an adaptive management measure for the purposes of paragraph (g). The sum of the contribution to be agreed between the undertaker and the MRFO in consultation with the RTDCSG; and (k) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the compensation measure or as an adaptive management measure for the purposes of sub-paragraph (g). The sum of the contribution is to be agreed between the undertaker and the other party in consultation with the RTDCSG. If this option is exercised the undertaker will be required to submit a revised RTD CIMP to the Secretary of State for approval containing the information required in sub-paragraph 47(a)-(i) of this Part of the Schedule. The Secretary of State shall consult with the relevant SNCB prior to granting consent in terms of this paragraph. 48 The undertaker must carry out the compensation measure in accordance with the RTD CIMP as approved by the Secretary of State in consultation with the relevant SNCB and where appropriate, the MMO and/or the relevant planning authority, unless otherwise provided for in this Part 4 of Schedule 15. The details approved under this paragraph include any amendments that may subsequently be approved in writing by the Secretary of State. 49 No part of Work No. 1 may commence until the compensation measure has been implemented for at least one breeding season unless commencement at an earlier date is approved by the Secretary of State. For the purposes of this paragraph each breeding season is 1 March to 31 August of each year inclusive. 50 The undertaker must notify the Secretary of State of completion of implementation of the compensation measure. The compensation measure implemented in accordance with any final RTD CIMP must be maintained by the undertaker (or at its expense) for at least the operational lifetime of the authorised development, unless otherwise agreed by the Secretary of State, and must not be decommissioned without written approval of the Secretary of State in consultation with the relevant SNCB. 51 Results from the monitoring and reporting scheme referred to in paragraph 47(h) must be made publicly available and submitted at least annually to the Secretary of State and members of the RTDCSG. 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 RTDCSG 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. 52 The RTD CIMP 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 RTD CIMP must be in accordance with the principles set out in the outline RTD CIMP 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 RTD CIMP. 53 In the event of any conflict between the terms of this Order and the RTD CIMP, the provisions of this Order shall prevail.