The Hornsea Three Offshore Wind Farm Order 2020

PART 1 E+W KITTIWAKE COMPENSATION MEASURES

1.  In this Schedule: E+W

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

“the kittiwake compensation plan [F1 ”] means the document certified as the kittiwake compensation plan by the Secretary of State for the purposes of this Order under article 36 (certification of plans and documents etc.).

Textual Amendments

F1 Sch. 14 Pt. 1 para. 1 punctuation inserted (21.5.2021) by The Hornsea Three Offshore Wind Farm (Correction) Order 2021 (S.I. 2021/599), art. 1(2), Sch.

Commencement Information

I1 Sch. 14 para. 1 in force at 22.1.2021, see art. 1

2.  The authorised development may not be commenced until a plan for the work of the Offshore Ornithology Engagement Group (“OOEG”) has been submitted to and approved by the Secretary of State. Such plan to include: E+W

(a) terms of Reference of the OOEG;

(b) details of the membership of the OOEG;

(c) details of the schedule of meetings, timetable for preparation of the kittiwake implementation and monitoring plan (the “KIMP”) and reporting and review periods; and

(d) the dispute resolution mechanism.

Commencement Information

I2 Sch. 14 para. 2 in force at 22.1.2021, see art. 1

3.  The KIMP must be submitted to the Secretary of State for approval (in consultation with the MMO, the local planning authority or authorities for the land containing the artificial nest sites, and Natural England). The KIMP must be based on the strategy for kittiwake compensation set out in the kittiwake compensation plan and include: E+W

(a) details of locations where compensation measures will be deployed and details of landowner agreements demonstrating how the land will be bought or leased and assurances that the land management will deliver the ecology objectives of the KIMP;

(b) details of designs of artificial nest sites including the number of nesting structures; and how risks from avian or mammalian predation and unauthorised human access will be mitigated;

[F2 (c) an implementation timetable for delivery of four artificial nest structures that ensures all necessary compensation measures are in place to allow three full kittiwake breeding seasons in respect of two artificial nest structures prior to the operation of any turbine forming part of the authorised development, and to allow two full kittiwake breeding seasons for the other two artificial nest structures prior to the operation of any turbine forming part of the authorised development, with the KIMP to specify whether three or two breeding seasons applies to each artificial nest structure;]

(d) details of the proposed ongoing monitoring of the measures including: survey methods; survey programmes; success criteria; recording of OOEG consultations and project reviews; details of the factors used to trigger alternative compensation measures and/ or adaptive management measures; and annual reporting to the Secretary of State;

(e) details of any adaptive management measures, to include the provision of additional nesting sites if capacity in one location is exceeded;

(f) provision for annual reporting to the Secretary of State, to include details of the use of each site by breeding kittiwake to identify barriers to success and target the adaptive management measures. This would include the number of birds colonising the site; evidence of birds prospecting; nesting attempts; egg laying; hatching; and fledging.

(g) details of how natal dispersal and colony interchange with the FFC kittiwake colony will be considered and proposals for assessing any evidence of additional productivity to the FFC;

(h) details of the artificial nesting site maintenance schedule; and

(i) details of the work within the exploration of prey availability measures as set out in Appendix 1 of the response from the undertaker to the Secretary of State's minded to approve letter dated 1 July 2020, that could support practical management measures to increase prey availability, and which should be undertaken alongside the artificial nest site installation.

Textual Amendments

F2 Sch. 14 para. 3(c) substituted (18.4.2023) by The Hornsea Three Offshore Wind Farm (Amendment) Order 2023 (S.I. 2023/459), arts. 1, 3(a)

Commencement Information

I3 Sch. 14 para. 3 in force at 22.1.2021, see art. 1

[F3 4.   The undertaker must implement the measures as set out in the KIMP approved by the Secretary of State and no operation of any turbine forming part of the authorised development may be commenced until three full breeding seasons have elapsed from the implementation of two of the artificial nest structures and two full breeding seasons have elapsed from the implementation of two of the artificial nest structures, as set out in the KIMP. For the purposes of this paragraph each breeding season is assumed to have commenced on 1 March in each year and ended on 30 September.] E+W

Textual Amendments

F3 Sch. 14 para. 4 substituted (18.4.2023) by The Hornsea Three Offshore Wind Farm (Amendment) Order 2023 (S.I. 2023/459), arts. 1, 3(b)

5.  The undertaker shall notify the Secretary of State of completion of implementation of the measures set out in the KIMP. E+W

Commencement Information

I4 Sch. 14 para. 5 in force at 22.1.2021, see art. 1

6.  Once the measures have been implemented the undertaker shall provide an annual report to the Secretary of State on the progress of the measures as detailed in the KIMP. E+W

Commencement Information

I5 Sch. 14 para. 6 in force at 22.1.2021, see art. 1

7.  The artificial nest structures must not be decommissioned without written approval of the Secretary of State. The artificial nest structures shall be maintained beyond the operational lifetime of the authorised development if they are colonised, and routine and adaptive management measures and monitoring must continue whilst the artificial nesting structures are in place. E+W

Commencement Information

I6 Sch. 14 para. 7 in force at 22.1.2021, see art. 1

8.  The KIMP 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 KIMP must be in accordance with the principles set out in 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. E+W

Commencement Information

I7 Sch. 14 para. 8 in force at 22.1.2021, see art. 1