SCHEDULES

SCHEDULE 17COMPENSATON TO PROTECT THE COHERENCE OF THE NATIONAL SITE NETWORK

PART 1KITTIWAKE COMPENSATION

2.—(1) No offshore works may 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 onshore kittiwake compensation measure and that it has received confirmation from Defra or the Marine Recovery Fund operator that suitable measures are available; or

(b)it will submit a Final KIMP to the Secretary of State for approval.

(2) If the undertaker confirms that it intends to make a Marine Recovery Fund Payment under paragraph (1)(a) 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 in substitution for the onshore kittiwake compensation measure.