The Dogger Bank South East and West Offshore Wind Farms Order 2026

SCHEDULE 18 Compensation Measures

Article 49 PART 1 Dogger Bank Special Area of Conservation: Delivery of measures to compensate for sandbank loss 1 In this Part— “the AEoI” means the adverse effects on the integrity of the Dogger Bank SAC arising from the authorised development alone, as determined by the Secretary of State, being impacts on 2,943,656m² to the sandbanks which are slightly covered by seawater all the time, feature of the Dogger Bank SAC; “Dogger Bank SAC” means the site designated as the Dogger Bank Special Area of Conservation; “Marine Recovery Fund” means a marine recovery fund operated by the MRFO pursuant to the Marine Recovery Funds Regulations 2025, the Energy Act 2023 or any subordinate legislation made pursuant thereto, for the implementation of strategic compensation or any equivalent strategic compensation 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 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 “the strategic compensation measure” means the marine protected area designation and/or extension to be delivered by the MRFO pursuant to the Marine Recovery Fund Regulations 2025. 2 No offshore works within the Dogger Bank SAC are to commence until— (a) the undertaker has received confirmation from the MRFO that the strategic compensation measure or other suitable measures are available to provide compensation for the AEoI; (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 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 by the undertaker under paragraph 2(a). PART 2 Flamborough and Filey Coast Special Protection Area: Kittiwake Compensation Measures 4 In this Part— “the AEoI” means the adverse effects on the integrity of the FFC SPA arising from the authorised development alone, as determined by the Secretary of State, being loss of 191 adult kittiwake per annum; “the offshore artificial nesting measure” means the offshore nesting structure(s); “the onshore artificial nesting structure” means the existing onshore artificial nesting structure owned by the undertaker known as the Kittiwakery and located adjacent to the south shore of the River Tyne in Gateshead (planning permission reference DC/22/01188/FUL); “the FFC SPA” means the site designated as the Flamborough and Filey Coast Special Protection Area; “kittiwake CIMP” means the kittiwake compensation implementation and monitoring plan for the delivery of measures to compensate for the AEoI; “kittiwake compensation measures” means the offshore artificial nesting measure and the onshore artificial nesting structure; “kittiwake compensation plan” means the document certified as the kittiwake compensation plan by the Secretary of State for the purposes of this Order under article 42 (certification of plans and documents etc.) and referenced in Schedule 19 (documents to be certified); “KCSG” means the Kittiwake Compensation Steering Group; “Marine Recovery Fund” means a marine recovery fund operated by the MRFO pursuant to the Marine Recovery Funds Regulations 2025, the Energy Act 2023 or any subordinate legislation made pursuant thereto, for the implementation of strategic compensation or any equivalent strategic compensation 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 proportion 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 “outline kittiwake CIMP” means the document certified as the outline kittiwake compensation implementation and monitoring plan by the Secretary of State for the purposes of this Order under article 42 (certification of plans and documents, etc.) and referenced in Schedule 19 (documents to be certified). 5 (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 measures and 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 it will make a Marine Recovery Fund Payment partially in substitution for a specified 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 sub-paragraph (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 kittiwake compensation measures or in relation to a specified proportion of the AEoI. Marine Recovery Fund 6 (1) Where the undertaker elects to make a Marine Recovery Fund Payment under paragraph 5(1)(a) or 5(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 to provide compensation for the AEoI (or a specified 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 kittiwake compensation measures under paragraph 5(1)(a) then, following receipt of the approvals under sub-paragraph (1) the undertaker shall not be required to implement any further compensation 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 paragraph 6(1)(a). Kittiwake CIMP 7 Where the undertaker elects to submit a kittiwake CIMP under paragraph 5(1)(b) or paragraph 5(1)(c) Work No. 1A and 1B may not commence commercial operation until a plan for the work of the KCSG has been submitted to and approved by the Secretary of State. Such plan must include— (a) terms of reference of the KCSG; (b) details of the membership of the KCSG which must include the relevant statutory nature conservation body and, where appropriate and the MMO as core members; (c) details of the proposed schedule of meetings, timetable for preparation of the Kittiwake CIMP and reporting and review periods; and (d) the dispute resolution mechanism. 8 Following consultation with the KCSG the kittiwake CIMP must be submitted to the Secretary of State for approval, in consultation with the relevant statutory nature conservation body and, where appropriate, the MMO and/or the relevant planning authority for the area in which the onshore artificial nesting structure is located. 9 The kittiwake CIMP must be in accordance with the outline kittiwake CIMP and based on the strategy for kittiwake compensation set out in the kittiwake compensation plan and include— (a) where the offshore artificial nesting measure is proposed to be taken forward— (i) details of the location(s) where the compensation measure will be delivered and details of any relevant seabed agreement(s); (ii) details of the design of the offshore artificial nesting structure(s), including the projected number of nests that will be accommodated on the structure, and how risks from avian or mammalian predation and unauthorised human access will be mitigated; (iii) an implementation timetable for the delivery of the offshore artificial nesting structure(s); (iv) details of the maintenance schedule for the offshore artificial nesting structure(s); (v) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the mechanism to determine the need for any alternative compensation measures and/or adaptive management measures; (vi) monitoring should include annual monitoring of the number of birds colonising the site including nesting attempts and nest productivity; (vii) provision for annual reporting to the Secretary of State, to include details of the use of the offshore artificial nesting structure(s) by breeding kittiwake to identify barriers to success and target any adaptive management measures in consultation with the KCSG; (viii) recording of KCSG consultations; and (ix) details of the proposed use (if any) of the onshore artificial nesting structure to support the compensation to be delivered by the offshore artificial nesting structure; (b) 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 offshore artificial nesting measure as an adaptive management measure the sum of the contribution, to be agreed between the undertaker and the MRFO in consultation with the KCSG; and (c) 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 offshore artificial nesting measure or as an adaptive management measure and setting out further— (i) the technical specification and implementation timetable for the delivery of the compensation measure(s) to be agreed between the undertaker and the other party in consultation with the KCSG; and (ii) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including survey methods, success criteria, adaptive management measures, timescales for the monitoring and monitoring reports to be delivered and details of the mechanism to determine the need for any alternative compensation measures and/or adaptive management measures. 10 The undertaker must implement the measures set out in the kittiwake CIMP approved by the Secretary of State, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and, where appropriate, the MMO and/or the relevant planning authority for the area in which the onshore artificial nesting structure is located. 11 No commercial operation of any turbine forming part of the authorised development may begin until the measures set out in the kittiwake CIMP have been implemented for at least three breeding seasons. For the purposes of this paragraph each breeding season is assumed to have commenced on 1 March in each year and ended on 31 August. 12 The undertaker must notify the Secretary of State of— (a) completion of implementation of the offshore artificial nesting measure referred to in paragraph 9(a); (b) any payment into the Marine Recovery Fund referred to in paragraph 9(b); and (c) any payment of a financial contribution towards the establishment of compensation measures by another party referred to in paragraph 9(c). 13 The offshore artificial nesting measure must not be decommissioned without written approval of the Secretary of State in consultation with relevant statutory nature conservation body. The undertaker must notify the Secretary of State of completion of implementation of the kittiwake compensation measures. The kittiwake compensation measures implemented in accordance with the final kittiwake CIMP must be maintained by the undertaker (or at its expense) for the operational lifetime of the authorised development and must not be decommissioned without written approval of the Secretary of State in consultation with the relevant statutory nature conservation body. 14 Results from the monitoring and reporting scheme referred to in paragraphs 9(a) and 9(c) 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 kittiwake compensation measures 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 KCSG for any alternative and/or adaptive management measures to address this. Any proposals to address the ineffectiveness of the kittiwake 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. 15 The kittiwake CIMP approved under 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 kittiwake CIMP must be in accordance with the principles set out in the outline kittiwake CIMP and the kittiwake compensation plan 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 materially new or materially different environmental effects from those considered in the kittiwake compensation plan. 16 In the event of any conflict between the provisions of this Order and the kittiwake CIMP, the provisions of this Order shall prevail. PART 3 Flamborough and Filey Coast Special Protection Area and Farne Islands Special Protection Area: Guillemot Compensation Measures 17 In this Part— “the AEoI” means the adverse effects on the integrity of the Farne Islands SPA and the FFC SPA arising from the authorised development alone, as determined by the Secretary of State, being loss of 13 adult guillemot per annum; “the Farne Islands SPA” means the site designated as the Farne Islands Special Protection Area; “the 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 guillemots from the FFC SPA and the predicted loss of adult guillemots from the Farne Island SPA as a result of the authorised development; “guillemot compensation measure” means the predator eradication measure; “guillemot compensation plan” means the document certified as the guillemot compensation plan by the Secretary of State for the purposes of this Order under article 42 (certification of plans and documents, etc.) and referenced in Schedule 19 (documents to be certified); “Marine Recovery Fund” means a marine recovery fund operated by the MRFO pursuant to the Marine Recovery Funds Regulations 2025, the Energy Act 2023 or any subordinate legislation made pursuant thereto, for the implementation of strategic compensation or any equivalent strategic compensation 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 the AEoI (or a specified proportion 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; “outline guillemot CIMP” means the document certified as the outline guillemot compensation implementation and monitoring plan by the Secretary of State for the purposes of this Order under article 42 (certification of plans and documents, etc.) and referenced in Schedule 19 (documents to be certified); and “the predator eradication measure” means a program of predator eradication. 18 (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 the MRFO that suitable measures are available; or (b) it will submit a Guillemot CIMP to the Secretary of State for approval, and it will make a Marine Recovery Fund Payment partially in substitution for a specified proportion of the AEoI and that it has received confirmation from the MRFO that suitable measures are available; or (c) it will submit the 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 sub-paragraph (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 guillemot compensation measure or in relation to a specified proportion of the AEoI. Marine Recovery Fund 19 (1) Where the undertaker elects to make a Marine Recovery Fund Payment under paragraph 18(1)(a) or 18(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 to provide compensation for the AEoI (or a specified 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 guillemot compensation measures under paragraph 18(1)(a), then following receipt of the approvals under sub-paragraph (1) the undertaker shall not be required to implement any further compensation measures 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 paragraph 19(1)(a). Guillemot CIMP 20 Where the undertaker elects to submit a Guillemot CIMP under paragraph 18(1)(b) or paragraph 18(1)(c), Work No. 1A and 1B may not commence construction until a plan for the work of the GCSG has been submitted to and approved by the Secretary of State. Such plan to include— (a) terms of reference of the GCSG; (b) details of the membership of the GCSG which must include the relevant statutory nature conservation body and, where appropriate, the MMO and/or the relevant planning authority as core members; (c) details of the proposed schedule of meetings, timetable for preparation of the Guillemot CIMP and reporting and review periods; and (d) the dispute resolution mechanism. 21 Following consultation with the GCSG, the Guillemot CIMP must be submitted to the Secretary of State for approval in consultation with the relevant statutory nature conservation body and, where appropriate, the MMO and/or the relevant local planning authority. 22 The Guillemot CIMP must be in accordance with the outline guillemot CIMP and based on the strategy for guillemot compensation set out in the guillemot compensation plan and include— (a) where the predator eradication measure is proposed to be taken forward— (i) details of the location(s) where the compensation measure will be delivered; (ii) details of how any necessary land access rights, licences and approvals have or will be obtained and how any biosecurity measures will be or have been secured; (iii) details of the party that will carry out the measure and how this has been secured; (iv) an implementation timetable for delivery of the predator eradication measure, such timetable to specify a minimum period for the commencement of the predator eradication measure prior to the installation of any tower comprised within a wind turbine generator forming part of the authorised development; (v) recording of GCSG consultations; (vi) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; details of the maintenance schedule for the measures (if any) and details of the mechanism to determine the need for any alternative compensation measures and/or adaptive management measures; and (vii) provision for annual reporting to the Secretary of State, to include details of the use of the location(s) by breeding guillemot to identify barriers to success and target any adaptive management measures; (b) 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 guillemot compensation measure as an adaptive management measure, the sum of the contribution, to be agreed between the undertaker and the MRFO in consultation with the GCSG; and (c) 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 guillemot compensation measure or as an adaptive management measure— (i) the technical specification and implementation timetable for the delivery of the compensation measure(s) to be agreed between the undertaker and the other party in consultation with the GCSG; and (ii) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including survey methods, success criteria, adaptive management measures, timescales for the monitoring and monitoring reports to be delivered and details of the mechanism to determine the need for any alternative compensation measures and/or adaptive management measures. 23 No construction of offshore works relating to Work No. 1A or Work No. 1B may be commenced unless the measures set out in the guillemot CIMP approved by the Secretary of State have been in place for at least two breeding seasons prior to commencement of construction, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and where appropriate the MMO and/or the relevant local planning authority. For the purposes of this paragraph each breeding season is assumed to have commenced on 1 March in each year and ended on 31 July. 24 The undertaker must notify the Secretary of State of— (a) the completion of the predator eradication measure referred to in paragraph 22(a); (b) payment into the Marine Recovery Fund referred to in paragraph 22(b); and (c) payment of a financial contribution towards the establishment of compensation measures by another party referred to in paragraph 22(c). 25 Results from the monitoring and reporting scheme referred to in paragraphs 22(a) and 22(c) 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 guillemot 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 guillemot 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. 26 The undertaker must notify the Secretary of State of completion of implementation of the guillemot compensation measure. The guillemot compensation measure implemented in accordance with any final guillemot 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 prior written approval of the Secretary of State in consultation with the relevant statutory nature conversation body. 27 The Guillemot CIMP approved under 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 Guillemot CIMP must be in accordance with the principles set out in the outline guillemot CIMP and the guillemot compensation plan 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 materially new or materially different environmental effects from those considered in the guillemot compensation plan. 28 In the event of any conflict between the provisions of this Order and the Guillemot CIMP, the provisions of this Order shall prevail.