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.