SCHEDULES
SCHEDULE 17COMPENSATON TO PROTECT THE COHERENCE OF THE NATIONAL SITE NETWORK
PART 2GUILLEMOT COMPENSATION
schedule 17 paragraph 12 12. In this Part 2 of Schedule 17—
term the farne islands spa “the Farne Islands SPA” means the site designated as the Farne Islands Special Protection Area;
term the ffc spa “the FFC SPA” means the site designated as the Flamborough and Filey Coast Special Protection Area;
term guillemot and razorbill implementation and monitoring plan “Guillemot and razorbill implementation and monitoring plan” means the document certified as the guillemot and razorbill implementation and monitoring plan by the Secretary of State for the purpose of this Order under article 49 (certification of plans and documents etc);
term final gcimp “Final GCIMP” means the final guillemot compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult guillemot from the FFC SPA or Farne Island SPA as a result of the authorised development which shall accord with the principles identified for guillemot in the guillemot and razorbill implementation and monitoring plan;
term the marine recovery fund “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;
term marine recovery fund payment “Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to compensate for the predicted loss of adult guillemots from the FFC SPA and Farne Islands SPA as a result of the authorised development the sum of which shall be agreed with Defra of other organisation responsible for the operation of the Marine Recovery Fund;
term ogeg “OGEG” means an offshore guillemot engagement group which has been or shall be established to assist, through consultation, the undertaker and the developer of any other project with whom the undertaker is to collaborate in the delivery of the onshore compensation measures for guillemot; and
term the onshore guillemot compensation measure “the onshore guillemot compensation measure” means measures to reduce disturbance for colonies of guillemot identified as being in decline onshore, or improve breeding success through reducing avian predation.
schedule 17 paragraph 13 13.—(1) No offshore works may commence until the undertaker has confirmed in writing to the Secretary of State that—
schedule 17 paragraph 13 1 a (a)it will make a Marine Recovery Fund Payment wholly in substitution for the onshore guillemot compensation measure and it has received confirmation from Defra or the Marine Recovery Fund operator that suitable measures are available; or
schedule 17 paragraph 13 1 b (b)submit a Final GCIMP 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 may commence until the Secretary of State has provided consent in writing to the Marine Recovery Fund Payment being made in substitution for the onshore guillemot compensation measure.
schedule 17 paragraph 14 14. Where the undertaker elects to submit a Final GCIMP no offshore works are to commence until a plan for the work of the OGEG has been submitted to and approved by the Secretary of State, such plan to include—
schedule 17 paragraph 14 a (a)the identity of, or the arrangements for establishment of, the OGEG;
schedule 17 paragraph 14 b (b)its terms of reference;
schedule 17 paragraph 14 c (c)its membership shall (as a minimum) include the local planning authority for the area in which the onshore guillemot compensation measure is to be provided, and statutory nature conservation body as core members, and the Royal Society for the Protection of Birds as advisory member;
schedule 17 paragraph 14 d (d)details of the proposed schedule of meetings, reporting and review periods;
schedule 17 paragraph 14 e (e)the dispute resolution mechanism and confidentiality provisions; and
schedule 17 paragraph 14 f (f)a schedule of preparation and delivery.
schedule 17 paragraph 15 15. Following consultation with OGEG, the Final GCIMP must be submitted to and approved by the Secretary of State.
schedule 17 paragraph 16 16. The Final GCIMP (if required) must be based on the strategy for guillemot compensation set out in the guillemot implementation and monitoring plan and include—
schedule 17 paragraph 16 a (a)the location where the compensation measures will be delivered and the suitability of that location (including why the location is appropriate ecologically and likely to support successful compensation), and confirmation that the necessary landowner agreement(s) are in place;
schedule 17 paragraph 16 b (b)an implementation timetable for delivery including any arrangements made with a third party for implementation of the measures;
schedule 17 paragraph 16 c (c)details of any contribution to be made to a third party to ongoing maintenance of the compensation measures delivered in collaboration with a third party;
schedule 17 paragraph 16 d (d)details for the ongoing monitoring and reporting of the effectiveness of the compensation measures identified in the Final GCIMP including—
schedule 17 paragraph 16 d i (i)survey methods;
schedule 17 paragraph 16 d ii (ii)survey programmes;
schedule 17 paragraph 16 d iii (iii)success criteria; and
schedule 17 paragraph 16 d iv (iv)timescales for the monitoring reports to be delivered;
schedule 17 paragraph 16 e (e)details of any adaptive management measures, with details of the factors used to trigger any alternative and/or adaptive management measures; and
schedule 17 paragraph 16 f (f)confirmation as to how it has had regard to output of consultation with OGEG.
schedule 17 paragraph 17 17. The undertaker must implement the measures set out in the Final GCIMP approved by the Secretary of State, unless otherwise agreed by the Secretary of State following consultation with the relevant statutory nature conservation body, and the local planning authority for the area in which the onshore guillemot compensation measure is to be provided. No operation of any wind turbine generator forming part of the authorised development may begin until the Final GCIMP has been implemented and this has been confirmed to the Secretary of State.
schedule 17 paragraph 18 18. 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 guillemot pursuant to this Part 2 of Schedule 17.
schedule 17 paragraph 19 19. Results from the monitoring and reporting scheme referred to in paragraph 16(d) must be submitted at least annually to the Secretary of State and members of the OGEG, including the relevant statutory nature conservation body. 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 agreed by the OGEG 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
schedule 17 paragraph 20 20. The Final GCIMP approved under this Part 2 of Schedule 17 includes any amendments that may subsequently be approved in writing by the Secretary of State. Any amendments to or variations of the approved Final GCIMP must be in accordance with the principles set out in the outline guillemot and razorbill implementation and monitoring 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 new or materially different environmental effects from those considered in the guillemot implementation and monitoring plan.