SCHEDULES

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

PART 1KITTIWAKE COMPENSATION

9.  Where the undertaker has confirmed that it intends to make a payment to the Marine Recovery Fund there shall be no operation of a wind turbine generator unless and until the undertaker has received confirmation from Defra or the operator 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 kittiwake pursuant to this Part 1 of Schedule 17.