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.
Footnotes
1 See provisions under Part 13, Chapter 1 of the UK Energy Act 2023.
2 The requirements of the European Commission Habitats and Birds Directives were transposed into domestic law by the Conservation of Habitats and Species Regulations 2017, the Conservation (Natural Habitats, &c.) Regulations 1994 (which apply in the Scottish inshore region (within 12 nm) to electricity works and marine works, respectively) and the Conservation of Offshore Marine Habitats and Species Regulations 2017 (which apply in the Scottish offshore region (beyond 12 nm) both for electricity and marine works). These are collectively referred to as the ‘Habitats Regulations’.
3 Relevant offshore wind activities are defined in Section 290 of the Energy Act 2023
4 European sites in Scotland are part of a Europe-wide network of protected areas designed to meet the requirements of the Habitats Regulations. European sites in Scotland are made up of Special Protection Areas (SPAs) and Special Areas for Conservation (SACs).
5 The Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026 amended the Conservation (Natural Habitats, &c.) Regulations 1994 and the Conservation of Habitats and Species Regulations 2017. These amendments apply to the Scottish inshore region.
6 The Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026 amended the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017. These amendments apply to the Scottish offshore region.
7 European sites in Scotland are part of a Europe-wide network of protected areas designed to meet the requirements of the Habitats Regulations. European sites in Scotland are made up of Special Protection Areas (SPAs) and Special Areas for Conservation (SACs).
8 Scottish Government (2026). Offshore wind policy statement 2020 update: Scotland’s Offshore Wind Ambition
9 Scottish Government (2024). Scottish Biodiversity Strategy to 2045.
10 Natural Environment (Scotland) Act 2026
11 Scottish Government (2025). Scottish Seabird Conservation Action Plan
12 At the time of writing, the establishment of a Scottish MRF is being explored.
13 Scottish Government (2025). Wetlands - protecting Ramsar sites: updated Scottish Government policy - gov.scot
14 Offshore wind: compensating for environmental harm - GOV.UK