Section 112

Chapter 8 applies (with the modifications specified in paragraphs (2) and (3))— in relation to a marine policy statement under Chapter 1 of Part 3 (marine planning) of the Marine Act as it applies in relation to a land use plan; and in relation to a policy authority when exercising powers under Part 3 of that Act as it applies in relation to a plan-making authority. Any reference in Chapter 8 to giving effect to a land use plan, in relation to a marine policy statement, is to be taken to be a reference to the adoption and publication of a marine policy statement in accordance with Schedule 5 to the Marine Act or any amendment of a marine policy statement under section 47 of that Act. Where Chapter 8 applies by virtue of paragraph (1)— in regulation 105(2), after “the appropriate nature conservation body” insert “and the Joint Nature Conservation Committee”; regulations 105(5), 107(3) to (6) and 108 do not apply; ... in regulation 109, for the reference to the appropriate authority substitute a reference to the policy authority ; and where by virtue of paragraph (1) regulation 109 applies in relation to a marine policy statement which includes a relevant offshore wind plan or project— regulation 109 does not apply in relation to the marine policy statement to the extent that the negative assessment of the implications for a European site, European offshore marine site or Ramsar site results from the relevant offshore wind plan or project which forms part of the marine policy statement, the Secretary of State must secure that appropriate compensatory measures are taken in respect of the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European site, European offshore marine site or Ramsar site, and compensatory measures are appropriate for the purposes of paragraph (ii) they would be appropriate compensatory measures for the purposes of regulation 68ZA. In this regulation “policy authority” means the Secretary of State or the Welsh Ministers.

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Source: legislation.gov.uk · retrieved 2026-07-30