PART 2CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
Plans and projects
Compensatory measuresC136
1
This regulation applies where, notwithstanding a negative assessment of the implications for a European offshore marine site or European site—
a
a plan or project is agreed to in accordance with regulation 29; or
b
a decision, or a consent, permission or other authorisation, is affirmed on review in accordance with regulations 29 and 34(3).
2
The appropriate authority must secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 is protected.
3
The appropriate authority is—
a
where the plan or project is agreed to, or the decision, consent, permission or other authorisation is affirmed, in the exercise of a function within devolved competence in respect of Scotland or by the Scottish Ministers, the Scottish Ministers;
b
where the plan or project is agreed to, or the decision, consent, permission or other authorisation is affirmed, in the exercise of a function within devolved competence in respect of Wales or by the Welsh Ministers, the Welsh Ministers;
c
where the plan or project is agreed to, or the decision, consent, permission or other authorisation is affirmed, by a Northern Ireland department, that Northern Ireland department; and
d
in any other case, the Secretary of State.