Offshore wind - compensating for adverse effects on Protected European Sites: statutory guidance 2026

2. Purpose and Scope of this Guidance

2.1 Purpose

This guidance is issued in compliance with the duty on the Scottish Ministers under the Habitats Regulations (as inserted by the SSI and SI) to issue guidance about securing compensatory measures for relevant offshore wind activities. Scottish Ministers are required to have regard to this guidance when securing compensatory measures.

This guidance is also designed to support offshore wind project and plan promoters when preparing compensation proposals under the Habitats Regulations for relevant offshore wind activities.

The checklist provided in Annex C is intended to provide support in considering this guidance.

2.2 Scope of Application and Exclusions

This guidance should be applied by offshore wind project and plan promoters when preparing compensation proposals for predicted adverse effects under the Habitats Regulations in Scottish waters and should inform advisers and decision makers when assessing compensation proposals. The guidance:

• does not replace or amend existing Habitats Regulations Appraisal (HRA) requirements or the mitigation hierarchy, which must still be fully applied before compensation is considered;

• applies to both developer‑led measures and those delivered through the Scottish Marine Recovery Fund (MRF)^[12]; and

• sets out the processes, evidence requirements and sequencing for developing compensation proposals.

Where adverse effects are predicted outside of Scottish waters (inshore and offshore), other guidance applies (see section 3).

This guidance does not:

• apply to MPA assessments or NCMPA assessments, which instead require Measures of Equivalent Environmental Benefit (MEEB) to be secured under the Marine Scotland Act 2010 and the Marine and Coastal Access Act 2009; or

• provide guidance for securing compensation through the Scottish MRF.

2.3 Plan vs Project Level

This guidance applies to the identification of compensatory measures for both offshore wind plans and projects.

A proportionate approach should be taken to identifying suitable compensatory measures. At the plan level, a lower level of detail will typically be sufficient, reflecting the high-level and strategic nature of offshore wind plans. This also recognises that, following the option of plan-level approaches, compensatory measures must still be secured at the project stage and set out in the relevant project’s specific compensation plan(s).

2.4 Banking Compensatory Measures

A key element of the Energy Act 2023 is the ability to bank compensatory measures. Under section 291(3), a public authority may determine that measures taken or secured, or to be taken or secured, by it are to count towards discharging its environmental compensation obligations. This allows the Scottish Ministers to secure compensatory measures in advance and count them towards future environmental compensation obligations. Private entities such as offshore wind developers cannot bank compensatory measures under section 291(3).

2.5 Other Guidance

Existing Scottish Government guidance on the HRA process remains applicable and can be accessed at: Habitats Regulations Appraisal (HRA) - Environmental assessment.

Further guidance on the HRA process can be found on NatureScot’s webpages available at the following links:

• Habitats Regulations Appraisal (HRA) NatureScot Professional Advice

• The Habitats Directive and Habitats Regulations | NatureScot

Scottish Government guidance published in July 2025 with regards to the protection of Ramsar sites should be considered alongside this guidance. The 2025 Protection of Ramsar Sites Guidance states that the Scottish Government considers that listed Ramsar sites in Scotland should be treated as if they were European sites for the purposes of land use change decision making.^[13]