The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024

PART 3 Flamborough and Filey Coast Special Protection Area: Delivery of measures to compensate for guillemot loss

23.  In this Part—

“Defra” means the Department for Environment, Food and Rural Affairs;

“the FFC” means the site designated as the Flamborough and Filey Coast Special protection Area;

“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 FFC as a result of the authorised development;

“Guillemot Compensation Plan” means the relevant principles for guillemot compensation set out in the document certified as the Habitats Regulations Derogation Provision of Evidence, Annex 4A Outline Guillemot Compensation Implementation and Monitoring Plan for the purposes of this Order under article 37 (Certification of plans and documents, etc.);

“GCSG” means the Guillemot Compensation Steering Group; and

“the Strategic Compensation Fund” means any fund established by Defra or a Government body for the purpose of implementing strategic compensation measures;

24.  The offshore works may not be commenced until a plan for the work of the GCSG has been submitted to and approved by the Secretary of State following consultation with the members of the GCSG. Such plan must include—

(a) terms of reference for the GCSG;

(b) details of the membership of the GCSG;

(c) details of the schedule of meetings, timetable for preparation of the Guillemot CIMP and reporting and review periods; and

(d) the dispute resolution mechanism.

25.  Following consultation with the GCSG the Guillemot CIMP must be submitted to the Secretary of State for approval, in consultation with the GCSG and the relevant statutory nature conservation body.

26.  The Guillemot CIMP must be based on the strategy for guillemot compensation set out in the Guillemot Compensation Plan and include—

(a) details of relevant technology supply agreements and arrangements with fishers to use the bycatch reduction technology that will be or have been secured by the undertaker;

(b) an implementation timetable for provision of the bycatch reduction measure(s), such timetable to ensure that contract(s) are entered into with fishers for the provision and use of bycatch reduction technology no later than one year prior to the operation of any turbine forming part of the authorised development;

(c) details for the proposed ongoing monitoring of the measure including collection of data from participating fishers;

(d) minutes from all consultations with the GCSG;

(e) 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 factors used to trigger alternative compensation measures and/or adaptive management measures;

(f) provision for reporting to the Secretary of State, to identify barriers to success and target any adaptive management measures;

(g) provision for the option to be exercised by undertaker, following consent in writing of the Secretary of State, to pay a contribution to the Strategic Compensation Fund wholly or partly in substitution for the bycatch reduction measures or as an adaptive management measure for the purposes of paragraphs ‎266‎(e) and ‎(f) of this Part of this Schedule The sum of the contribution to be agreed between the undertaker and Defra or other Government body responsible for the operation of the Strategic Compensation Fund in consultation with GCSG;

(h) provision for the option to be exercised, 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 bycatch reduction measures or as an adaptive management measure for the purposes of paragraphs 26‎(e) and ‎(f) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and the other party in consultation with the GCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and

(i) provision for the option to be exercised, following consent in writing of the Secretary of State, to collaborate with another party in the delivery of bycatch reduction measures wholly or partly in substitution for the compensation measure or as an adaptive management measure for the purposes of paragraphs 26‎(e) and ‎(f) of this Part of this Schedule. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph.

27.  The undertaker shall not be required to undertake the bycatch reduction compensation measure to the extent—

(a) following consent of the Secretary of State that a contribution to the Strategic Compensation Fund has been elected wholly in substitution for the bycatch reduction compensation measure for the purposes of paragraphs ‎26(i) or 26(g) of this Part of this Schedule;

(b) following consent of the Secretary of State a financial contribution towards the establishment of compensation measures by another party has been elected wholly in substitution for the bycatch reduction compensation measure for the purposes of paragraphs 26(j) or ‎26(h) of this Part of this Schedule; or

(c) following consent of the Secretary of State the undertaker has elected to collaborate with another party in the delivery of compensation measures wholly in substitution for the bycatch reduction compensation measure for the purposes of paragraphs 26(k) or 26(i) of this Part of this Schedule.

28.  The undertaker must carry out the measures set out in the Guillemot 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. In particular, no operation of any turbine forming part of the authorised development may begin until at least one year after the measures set out in the Guillemot CIMP have been implemented.

29.  The undertaker shall notify the Secretary of State of completion of the measures as set out in the Guillemot CIMP.

30.  Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the members of the CGSG, including the relevant statutory nature conservation body. This must include details of the effectiveness of such measures. If the undertaker or, on receipt of the report, the Secretary of State determines that the measures have been ineffective the undertaker must provide proposals to address this. Any proposals to address effectiveness 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.

31.  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 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.

32.  In the event of any conflict or inconsistency between the terms of the Guillemot CIMP and the provisions of this Order, the provisions of this Order shall prevail.