The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024

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.