Article 45
1. In this Part—
“Defra” means the Department for Environment, Food and Rural Affairs;
“the GW” means the site designated as the Greater Wash Special Protection Area;
“the NNC” means the site designated as the North Norfolk Coast Special Protection Area;
“Sandwich Tern Compensation Plan” means the relevant principles for Sandwich tern compensation set out in the document certified as the habitats regulations derogation provision of evidence, annex 2A - outline sandwich tern compensation implementation and monitoring plan for the purposes of this Order under article 37 (certification of plans and documents, etc.);
“Sandwich Tern CIMP” means the Sandwich tern compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult Sandwich tern from the NNC and GW as a result of the authorised development;
“the Strategic Compensation Fund” means any fund established by Defra or a Government body for the purpose of implementing strategic compensation measures; and
“STCSG” means the Sandwich Tern Compensation Steering Group;
2. The offshore works may not be commenced until a plan for the work of the STCSG has been submitted to and approved by the Secretary of State following consultation with the members of the STCSG. Such plan must include—
(a)terms of reference for the STCSG;
(b)details of the membership of the STCSG;
(c)details of the schedule of meetings, timetable for preparation of the Sandwich Tern CIMP and reporting and review periods; and
(d)the dispute resolution mechanism.
3. Following consultation with the STCSG the Sandwich Tern CIMP must be submitted to the Secretary of State for approval, in consultation with the local planning authority, the MMO, Marine Scotland (where relevant) and the relevant statutory nature conservation body.
4.—(1) The Sandwich Tern CIMP must be based on the strategy for Sandwich tern compensation set out in the Sandwich Tern Compensation Plan and include the details set out in the paragraphs below.
(2) For the nesting habitat improvements and restoration of lost breeding range measures—
(a)details of where compensation measures will be delivered and the suitability of the site to deliver the measures;
(b)details of landowner agreements and sea bed access agreements, if relevant, demonstrating how the land will be bought or leased and assurances that the land management will deliver the ecology objectives of the Sandwich Tern CIMP;
(c)details of the design of nesting habitat improvements and restoration of lost breeding range measures including how risks from avian or mammalian predation and unauthorised human access will be mitigated;
(d)an implementation timetable for the delivery of the nesting habitat improvements and restoration of lost breeding range measures that ensures all compensation measures are in place at least two years prior to the operation of any turbine forming part of the authorised development;
(e)details of the maintenance schedule for the measures;
(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 compensation measures and/or adaptive management measures;
(g)provision for reporting to the Secretary of State, to include details of the use of the nesting habitat improvements by breeding Sandwich tern to identify barriers to success and target any adaptive management measures;
(h)minutes from all consultations with the STCSG;
(i)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 nesting habitat improvements and restoration of lost breeding range compensation measure or as an adaptive management measure for the purposes of paragraphs 4(2)(f) and (g) of this Part of this Schedule. 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 STCSG;
(j)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 compensation measures by another party wholly or partly in substitution for the nesting habitat improvements and restoration of lost breeding range compensation measure or as an adaptive management measure for the purposes of paragraphs 4(2)(f) and (g) 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 STCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and
(k)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 compensation measures wholly or partly in substitution for the nesting habitat improvements and restoration of lost breeding range compensation measure or as an adaptive management measure for the purposes of paragraphs 4(2)(f) and (g) 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.
(3) For the measures to improve breeding success at SPA sites other than the NNC—
(a)details of where compensation measures will be delivered and the suitability of the site to deliver the measures;
(b)details of landowner agreements, if relevant, demonstrating how the land will be bought or leased and assurances that the land management will deliver the ecology objectives of the Sandwich Tern CIMP;
(c)details of the design of the measures including how risks from avian or mammalian predation and unauthorised human access will be mitigated;
(d)an implementation timetable for the delivery of the measures that ensures all compensation measures are in place prior to the operation of any turbine forming part of the authorised development;
(e)details of the maintenance schedule for the compensation measures;
(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 compensation measures and/or adaptive management measures;
(g)provision for reporting to the Secretary of State, to include details of the use of the measures by breeding Sandwich tern to identify barriers to success and target any adaptive management measures;
(h)minutes from all consultations with the STCSG;
(i)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 measures to improve breeding success at SPA sites other than the NNC or as an adaptive management measure for the purposes of paragraphs 4(2)(f) and (2)(g) of this Part of this Schedule. 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 STCSG;
(j)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 compensation measures by another party wholly or partly in substitution for the measures to improve breeding success at SPA sites other than the NNC or as an adaptive management measure for the purposes of paragraphs 4(2)(f) and (2)(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and the party delivering the measures, in consultation with the STCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and
(k)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 compensation measures wholly or partly in substitution for the measures to improve breeding success at SPA sites other than the NNC or as an adaptive management measure for the purposes of paragraphs 4(2)(f) and (2)(g) 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.
(4) For the predator management measure at the NNC—
(a)details of the scale and location where the compensation measures will be delivered;
(b)details of landowner agreements, if relevant, demonstrating how the land will be bought or leased and assurances that the land management will deliver the ecology objectives of the Sandwich Tern CIMP;
(c)details of the design of the measures;
(d)an implementation timetable for the delivery of the measures that ensures the compensation measures are in place prior to the operation of any turbine forming part of the authorised development;
(e)details of the maintenance schedule for the compensation measures;
(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 compensation measures and/or adaptive management measures;
(g)provision for reporting to the Secretary of State, to include details of the effectiveness of the measures in improving the success of breeding Sandwich tern to identify barriers to success and target any adaptive management measures;
(h)minutes from all consultations with the STCSG;
(i)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 predator management measure at the NNC or as an adaptive management measure for the purposes of paragraphs 4(3)(f) and (3)(g) of this Part of this Schedule. 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 STCSG;
(j)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 compensation measures by another party wholly or partly in substitution for the predator management measure at the NNC or as an adaptive management measure for the purposes of paragraphs 4(3)(f) and (3)(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and the party delivering the measures, in consultation with the STCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and
(k)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 compensation measures wholly or partly in substitution for the predator management measure at the NNC or as an adaptive management measure for the purposes of paragraphs 4(3)(f) and (3)(g) 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.
5. The undertaker shall not be required to undertake the nesting habitat improvements and the restoration of lost breeding range measures, the measures to improve breeding success at SPA sites other than the NNC, or the predator management measures 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 nesting habitat improvements and restoration of lost breeding range measures for the purposes of paragraph 4(2)(i) of this Part of this Schedule, or in substitution for the measures to improve breeding success at SPA sites other than the NNC for the purposes of paragraph 4(2)(i) of this Part of this Schedule, or in substitution for the predator management measures for the purposes of paragraph 4(3)(i) of this Part of this Schedule;
(b)following consent of the Secretary of State, a financial contribution towards the establishment of compensation measures by another party has been elected wholly in substitution for the nesting habitat improvements and restoration of lost breeding range for the purposes of paragraph 4(2)(j) of this Part of this Schedule, or in substitution for the measures to improve breeding success at SPA sites other than the NNC for the purposes of paragraph 4(2)(j) of this Part of this Schedule, or in substitution for the predator management measures for the purposes of paragraph 4(3)(j) 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 delivery of compensation measures wholly in substitution for the nesting habitat improvements and restoration of lost breeding range measures for the purposes of paragraph 4(2)(k) of this Part of this Schedule, or in substitution for the measures to improve breeding success at SPA sites other than the NNC for the purposes of paragraph 4(2)(k) of this Part of this Schedule, or in substitution for the predator management measures for the purposes of paragraph 4(2)(k) of this Part of this Schedule.
6. The undertaker must implement the measures set out in the Sandwich Tern CIMP approved by the Secretary of State, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and the relevant planning authority. In particular, no operation of any turbine forming part of the authorised development may begin until at least two years after the measures set out in the Sandwich Tern CIMP have been implemented.
7. The undertaker shall notify the Secretary of State of completion of implementation of the measures set out in the Sandwich Tern CIMP.
8. Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the STCSG, 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.
9. The compensation measures implemented in accordance with the Sandwich Tern CIMP must not be decommissioned without written approval of the Secretary of State in consultation with the relevant statutory nature conservation body.
10. The Sandwich Tern CIMP 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 Sandwich Tern CIMP must be in accordance with the principles set out in the Sandwich Tern 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 Sandwich Tern Compensation Plan.
11. In the event of any conflict of inconsistency between the terms of the Sandwich Tern CIMP and the provisions of this Order, the provisions of this Order shall prevail.
12. In this Part—
“Defra” means the Department for Environment, Food and Rural Affairs;
“the FFC” means the site designated as the Flamborough and Filey Coast Special Protection Area;
“Kittiwake CIMP” means the kittiwake compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult kittiwakes from the FFC as a result of the authorised development;
“Kittiwake Compensation Plan” means the relevant principles for kittiwake compensation set out in the document certified as the annex 3A - outline kittiwake compensation implementation and monitoring plan for the purposes of this Order under article 37 (certification of plans and documents, etc.);
“KCSG” means the Kittiwake Compensation Steering Group;
“Strategic Compensation Fund” means any fund established by Defra or a Government body for the purpose of implementing strategic compensation measures;
13. The offshore works may not be commenced until a plan for the work of the KCSG has been submitted to and approved by the Secretary of State following consultation with the members of the KCSG. Such plan must include—
(a)terms of reference for the KCSG;
(b)details of the membership of the KCSG;
(c)details of the schedule of meetings, timetable for preparation of the Kittiwake CIMP and reporting and review periods; and
(d)the dispute resolution mechanism.
14. Following consultation with the KCSG the Kittiwake CIMP must be submitted to the Secretary of State for approval, in consultation with the local planning authority or authorities for the land containing the artificial nest site improvements, and the relevant statutory nature conservation body.
15. The Kittiwake CIMP must be based on the strategy for kittiwake compensation set out in the Kittiwake Compensation Plan and include—
(a)details of where artificial nest site improvements compensation measures will be delivered and the suitability of the site to deliver the measures;
(b)details of landowner agreements, if relevant, demonstrating how rights will be obtained to install and maintain the measures at the site(s) and assurances that the land management will deliver the ecology objectives of the Kittiwake CIMP;
(c)details of the design of the artificial nest site improvements, including how risks from avian or mammalian predation and unauthorised human access will be mitigated;
(d)an implementation timetable for the delivery of artificial nest site improvements that ensures all compensation measures are in place to allow three full kittiwake breeding seasons prior to the operation of any turbine forming part of the authorised development;
(e)details of the maintenance schedule for the artificial nest site improvements;
(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 compensation measures and/or adaptive management measures;
(g)provision for reporting to the Secretary of State, to include details of the use of the nest sites by breeding kittiwake to identify barriers to success and target any adaptive management measures;
(h)minutes from all consultations with the KCSG;
(i)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 artificial nest site improvements compensation measure or as an adaptive management measure for the purposes of paragraphs 155(f) and (g) of this Part of this Schedule. 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 KCSG;
(j)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 compensation measures by another party wholly or partly in substitution for the artificial nest site improvements compensation measure or as an adaptive management measure for the purposes of paragraphs 155(f) and (g) 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 KCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and
(k)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 compensation measures wholly or partly in substitution for the artificial nest site improvements compensation measure or as an adaptive management measure for the purposes of paragraphs 155(f) and (g) 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.
16. The undertaker shall not be required to undertake the artificial nest site improvements compensation measure 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 artificial nest site improvements compensation measure for the purposes of paragraph 15(i) of this Part of this Schedule;
(b)following consent of the Secretary of State, a financial contribution towards the establishment of compensation measures by another party has been elected wholly in substitution for the artificial nest site improvements compensation measure for the purposes of paragraph (15(j) 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 delivery of compensation measures wholly in substitution for the artificial nest site improvements compensation measure for the purposes of paragraph 15(k) of this Part of this Schedule.
17. The undertaker must implement the measures set out in the Kittiwake CIMP approved by the Secretary of State, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and the relevant planning authority. In particular, no operation of any turbine forming part of the authorised development may begin until three full breeding seasons following the implementation of the measures set out in the Kittiwake CIMP have elapsed. For the purposes of this paragraph each breeding season is assumed to have commenced on 1 March in each year and ended on 31 August.
18. The undertaker shall notify the Secretary of State of completion of implementation of the measures set out in the Kittiwake CIMP.
19. Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the KCSG, including the relevant statutory nature conservation body. This must include details of the effectiveness of such measures. If the undertaker or, on receiving 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.
20. The compensation measures implemented under the Kittiwake CIMP must not be decommissioned without written approval of the Secretary of State in consultation with relevant statutory nature conservation body.
21. The Kittiwake CIMP 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 Kittiwake CIMP 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.
22. In the event of any conflict or inconsistency between the terms of the Kittiwake CIMP and the provisions of this Order, the provisions of this Order shall prevail.
23. In this Part—
“Defra” means the Department for Environment, Food and Rural Affairs;
“the FFC” means the site designated as the Flamborough and Filey Coast Special protection Area;
“Guillemot CIMP” means the guillemot compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult guillemot from the FFC as a result of the authorised development;
“Guillemot Compensation Plan” means the relevant principles for guillemot compensation set out in the document certified as the Habitats Regulations Derogation Provision of Evidence, Annex 4A Outline Guillemot Compensation Implementation and Monitoring Plan for the purposes of this Order under article 37 (Certification of plans and documents, etc.);
“GCSG” means the Guillemot Compensation Steering Group; and
“the Strategic Compensation Fund” means any fund established by Defra or a Government body for the purpose of implementing strategic compensation measures;
24. The offshore works may not be commenced until a plan for the work of the GCSG has been submitted to and approved by the Secretary of State following consultation with the members of the GCSG. Such plan must include—
(a)terms of reference for the GCSG;
(b)details of the membership of the GCSG;
(c)details of the schedule of meetings, timetable for preparation of the Guillemot CIMP and reporting and review periods; and
(d)the dispute resolution mechanism.
25. Following consultation with the GCSG the Guillemot CIMP must be submitted to the Secretary of State for approval, in consultation with the GCSG and the relevant statutory nature conservation body.
26. The Guillemot CIMP must be based on the strategy for guillemot compensation set out in the Guillemot Compensation Plan and include—
(a)details of relevant technology supply agreements and arrangements with fishers to use the bycatch reduction technology that will be or have been secured by the undertaker;
(b)an implementation timetable for provision of the bycatch reduction measure(s), such timetable to ensure that contract(s) are entered into with fishers for the provision and use of bycatch reduction technology no later than one year prior to the operation of any turbine forming part of the authorised development;
(c)details for the proposed ongoing monitoring of the measure including collection of data from participating fishers;
(d)minutes from all consultations with the GCSG;
(e)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 compensation measures and/or adaptive management measures;
(f)provision for reporting to the Secretary of State, to identify barriers to success and target any adaptive management measures;
(g)provision for the option to be exercised by 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 bycatch reduction measures or as an adaptive management measure for the purposes of paragraphs 266(e) and (f) of this Part of this Schedule 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 GCSG;
(h)provision for the option to be exercised, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the bycatch reduction measures or as an adaptive management measure for the purposes of paragraphs 26(e) and (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 GCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and
(i)provision for the option to be exercised, following consent in writing of the Secretary of State, to collaborate with another party in the delivery of bycatch reduction measures wholly or partly in substitution for the compensation measure or as an adaptive management measure for the purposes of paragraphs 26(e) and (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.
27. The undertaker shall not be required to undertake the bycatch reduction compensation measure to the extent—
(a)following consent of the Secretary of State that a contribution to the Strategic Compensation Fund has been elected wholly in substitution for the bycatch reduction compensation measure for the purposes of paragraphs 26(i) or 26(g) of this Part of this Schedule;
(b)following consent of the Secretary of State a financial contribution towards the establishment of compensation measures by another party has been elected wholly in substitution for the bycatch reduction compensation measure for the purposes of paragraphs 26(j) or 26(h) 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 delivery of compensation measures wholly in substitution for the bycatch reduction compensation measure for the purposes of paragraphs 26(k) or 26(i) of this Part of this Schedule.
28. The undertaker must carry out the measures set out in the Guillemot CIMP approved by the Secretary of State unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body. In particular, no operation of any turbine forming part of the authorised development may begin until at least one year after the measures set out in the Guillemot CIMP have been implemented.
29. The undertaker shall notify the Secretary of State of completion of the measures as set out in the Guillemot CIMP.
30. Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the members of the CGSG, 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.
31. The Guillemot CIMP 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 Guillemot CIMP must be in accordance with the principles set out in the Guillemot 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 Guillemot Compensation Plan.
32. In the event of any conflict or inconsistency between the terms of the Guillemot CIMP and the provisions of this Order, the provisions of this Order shall prevail.
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.