Offshore wind - compensating for adverse effects on Protected European Sites: statutory guidance 2026
Statutory guidance on compensating for adverse effects from offshore wind on protected European Sites in Scotland.
12. Roles and Responsibilities
Scottish Ministers are the competent authority responsible for offshore wind consenting decisions under the Habitats Regulations. Ultimately the decision on a project’s consent or a plan’s adoption and any compensatory measures proposed as part of either sits with Scottish Ministers.
Ministers are responsible for securing compensatory measures. This requires Ministers to be confident in the technical, logistical, financial, legal and scientific deliverability of the measures proposed as well as their ecological effectiveness in order to give consent to the project.
The Scottish Government’s Marine Directorate Licensing and Consenting Team (MD-LOT) administer the offshore wind application process on behalf of Scottish Ministers. Early consultation with MD-LOT and the relevant SNCB(s) is essential to ensure that compensation and monitoring plans are robust and fit for purpose.
As part of the determination process, MD-LOT will provide advice to Scottish Ministers on the adequacy and appropriateness of compensatory measures and ensure that any compensation requirements are secured through consent conditions or legal mechanisms. When required or appropriate, MD-LOT will seek advice from the relevant SNCB and internal Scottish Government advisors such as the Marine Directorate Science, Evidence and Digital and Data team (MD-SEDD).
SNCBs provide independent statutory advice to Ministers within the offshore wind consenting process. They advise Scottish Ministers on potential impacts on designated sites and protected species, helping to inform environmental assessment and decision‑making in line with the Habitats Regulations.
The relevant SNCB should continue to be consulted early as a statutory consultee in the HRA process, as with current practice and their views sought on proposed compensatory measures.
As above, robust governance will be needed on how strategic measures are assessed, identified and implemented in Scotland, including critically, the roles and responsibilities within these processes. Scottish Government will work collaboratively with SNCBs on the establishment of governance processes where they have a role.