The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024

PART 4 Measures of equivalent environmental benefit

33.  In this Part—

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

“the Cromer Shoal Chalk Beds MCZ” means the Marine Conservation Zone designated by the Secretary of State under the Cromer Shoal Chalk Beds Marine Conservation Zone Designation Order 2016;

“in-principle MEEB plan” means the document certified as the in-principle MEEB plan by the Secretary of State for the purposes of this Order under article 38 (certification of plans and documents etc);

“licenced activities” means the activities licenced by the deemed marine licence granted either under Schedule 12 or Schedule 13 of this Order;

“MEEB steering group” means the steering group who will shape and inform the scope and delivery of the MIMP;

“MIMP” means the MEEB implementation and monitoring plan to be submitted to and approved by the Secretary of State in accordance with paragraph 35 below; and

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

“MEEB” means measures of equivalent environmental benefit, as that term is used in section 126(7)(c) of the 2009 Act;

34.  The licenced activities may not be commenced until a plan for the work of the MEEB steering group has been submitted to and approved by the Secretary of State. Such plan must include—

(a) terms of reference for the MEEB steering group;

(b) details of the membership of the MEEB steering group;

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

(d) the dispute resolution mechanism.

35.  Following consultation with the MEEB steering group the MIMP must be submitted to the Secretary of State for approval in consultation with the MMO and the relevant statutory nature conservation bodies. The MIMP must be based on the principles set out in the in-principle MEEB plan and include—

(a) details of the location, nature and area of the measures to be delivered, which should equate to no less than 10,000m2 of native oyster bed restoration to deliver equivalent environmental benefit as a result of the predicted effects of the authorised development;

(b) confirmation of any marine licence required in order to implement and maintain the measures;

(c) confirmation of any lease required (if any) from The Crown Estate for the site(s) where the measures are to be delivered;

(d) an implementation timetable for delivery of the oyster bed restoration;

(e) details of management and maintenance arrangements for the oyster bed restoration;

(f) 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 measures and/or adaptive management measures;

(g) minutes from all consultations with the MEEB steering group;

(h) provision for the option to be exercised by the 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 oyster bed restoration measures of equivalent environmental benefit. 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 the MEEB steering group;

(i) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of measures of equivalent environmental benefit by another party wholly or partly in substitution for the oyster bed restoration measures of equivalent environmental benefit or as an adaptive management measure for the purposes of paragraphs 5‎(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 MEEB steering group. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and

(j) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to collaborate with another party in the delivery of measures of equivalent environmental benefit wholly or partly in substitution for the oyster bed restoration measures of equivalent environmental benefit or as an adaptive management measure for the purposes of paragraphs ‎35‎(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.

36.  No laying of any cables or cable protection works may be commenced within the Cromer Shoal Chalk Beds MCZ until the MIMP has been approved by the Secretary of State.

37.  The undertaker shall not be required to undertake the oyster bed restoration measures of equivalent environmental benefit to the extent that—

(a) following consent of the Secretary of State a contribution to the Strategic Compensation Fund has been elected wholly in substitution for the oyster bed restoration measures of equivalent environmental benefit for the purposes of paragraph 35(h) of this Part of this Schedule;

(b) following consent of the Secretary of State a financial contribution towards the establishment of measures of equivalent environmental benefit by another party has been elected wholly in substitution for the oyster bed restoration measures of equivalent environmental benefit for the purposes of paragraph 35(i) 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 establishment of measures of equivalent environmental benefit by another party has been elected wholly in substitution for the oyster bed restoration measures of equivalent environmental benefit for the purposes of paragraph ‎35(j) of this Part of this Schedule.

38.  Subject to paragraph 43 of this Part, the undertaker must implement the measures set out in the MIMP approved by the Secretary of State, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory conservation body and the MMO.

39.  The undertaker is not required to implement the MIMP if no external cable protection works are required within the Cromer Shoal Chalk Beds MCZ.

40.  The undertaker shall notify the Secretary of State of completion of implementation of the measures set out in the MIMP.

41.  Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the members of the MEEB steering group 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.

42.  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 MIMP.

43.  The MIMP 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 MIMP must be in accordance with the principles set out in the in-principle MEEB 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 in-principle MEEB plan.

44.  In the event of any conflict or inconsistency between the terms of the MIMP and the provisions of this Order, the provisions of this Order shall prevail.