Section 68ZA

Paragraph (2) applies where— in accordance with regulation 64— a relevant offshore wind plan or project is agreed to, notwithstanding a negative assessment of the implications for a European site or a European offshore marine site, or a decision, or a consent, permission or other authorisation, which relates to a relevant offshore wind plan or project, is affirmed on review, notwithstanding such an assessment, or in accordance with regulation 64— a relevant offshore wind plan or project in England is agreed to, notwithstanding a negative assessment of the implications for a Ramsar site, or a decision, or a consent, permission or other authorisation, is affirmed on review, notwithstanding such an assessment. Where this paragraph applies, the appropriate authority (within the meaning of regulation 3(1)) must secure that appropriate compensatory measures are taken. Compensatory measures are appropriate if they comply with paragraphs (4) to (6). Compensatory measures must benefit the UK MPA network in a manner which is reasonably proportionate to 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. Compensatory measures must be selected in accordance with the compensation hierarchy. Wider compensatory measures must be approved— by the Secretary of State, or by the Welsh Ministers, to the extent that the wider compensatory measures may be secured by the Welsh Ministers, or by a person exercising functions of the Welsh Ministers, in the exercise under paragraph (2) of their function as an appropriate authority (within the meaning of regulation 3(1)). The Secretary of State must publish— guidance about the exercise of the function under paragraph (2), and the compensation hierarchy. Guidance published under paragraph (7)(a) must, in particular, set out how decisions are to be made under paragraph (4) on whether compensatory measures benefit the UK MPA network in a manner which is reasonably proportionate to 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. The appropriate authority (within the meaning of regulation 3(1)) must have regard to guidance published by the Secretary of State under paragraph (7)(a) when exercising the function under paragraph (2). The Secretary of State must consult the Welsh Ministers, the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland on— any proposed revisions to guidance published under paragraph (7)(a), and any proposed revisions to the compensation hierarchy. The Welsh Ministers may decide to exercise the functions under paragraph (7) of publishing guidance and the compensation hierarchy in respect of the exercise under paragraph (2) of their function as an appropriate authority (within the meaning of regulation 3(1)). Where the Welsh Ministers decide to exercise the functions under paragraph (7) as described in paragraph (11), this regulation, in its application to the exercise by the Welsh Ministers of those functions, is to be read with the following modifications— the references to the Secretary of State in paragraphs (7), (9) and (10), and in the definition of “compensation hierarchy” in paragraph (13), are to be read as references to the Welsh Ministers; the references to a Ramsar site in paragraph (8) and in paragraph (b) of the definition of “compensation hierarchy” are to be read as omitted; the reference to the Welsh Ministers in paragraph (10) is to be read as a reference to the Secretary of State. In this regulation— “compensation hierarchy” means the hierarchy published by the Secretary of State under paragraph (7)(b), setting out— categories of compensatory measures by reference to the manner in which they would benefit the UK MPA network, the order of priority in which compensatory measures falling within those categories are generally to be selected, which must, subject to the circumstances set out in accordance with paragraph (c), prioritise the selection of measures which benefit the features of the European site, European offshore marine site or Ramsar site which are, or which may be, adversely affected by the relevant offshore wind plan or project, and circumstances in which it may be appropriate to select compensatory measures otherwise than in accordance with the order of priority referred to in paragraph (b), which may include circumstances in which those measures offer a greater ecological benefit to the UK MPA network than measures which are higher in that order of priority; “protected site” means— a site within the national site network, all or part of which is in the UK marine area; a protected marine area; a Ramsar site, all or part of which is in the UK marine area; or an area notified as a site of special scientific interest under section 28(1) of the Wildlife and Countryside Act 1981 or section 3(1) of the Nature Conservation (Scotland) Act 2004, all or part of which is in the UK marine area; “UK marine area” has the same meaning as in section 42 of the Marine and Coastal Access Act 2009; “UK MPA network” means the network of protected sites; “wider compensatory measures” means compensatory measures which benefit the UK MPA network otherwise than by benefitting the features of the European site, European offshore marine site or Ramsar site which are, or which may be, adversely affected by the relevant offshore wind plan or project. Where this regulation applies in relation to a provision specified in regulation 69(2) or (4) (modifications of regulations 63 to 68 in certain cases), the references in paragraphs (2) and (9) to the appropriate authority (within the meaning of regulation 3(1)) are to be read as references to the Secretary of State.

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