Offshore wind - strategic compensation policy: consultation

6 Monitoring and Governance

Monitoring and evaluation are important components of evidence-based policy making, to ensure that policies are achieving their purpose and aims. To ensure successful implementation of the policy, we propose a framework be developed to monitor and evaluate the policy against its purpose and aims as set out in this consultation.

6.1 EAR SSI and Guidance Review Clause

We want to ensure that the proposed legislation and guidance can be adequately and regularly reviewed. We are considering options on the method and regularity of reviewing the EAR SSI and guidance. One option is that the EAR SSI could include a review provision that will require the Scottish Ministers to publish a report that assesses the impacts of the proposed reforms through both the SSI and guidance and the extent to which the objectives have been achieved and whether they remain appropriate.

Such a review could take place before 1 January 2032 to allow enough time for sufficient information to be available to inform the review and the EAR SSI to be assessed for its contribution to the Clean Power 2030 Mission, alongside environmental objectives, and other relevant outcomes. Any further reviews would take place at intervals not exceeding five years.

This approach would also ensure that the review is aligned with the proposed approach by the UK Government in their concurrent consultation.

6.2 Governance Framework for Strategic Compensation in Scotland

We are considering the establishment of a technical advisory group which could provide advice and support on the selection and implementation of strategic compensation for offshore wind in Scotland. For example, the technical advisory group could provide advice on:

• Reviewing and proposing strategic compensatory measures to be added to Scotland’s portfolio of strategic compensatory measures (including consideration of implementation plans, success indicators, monitoring etc).
• Advising on and supporting future research needs where feasible (it will be important to periodically review evidence gaps, new research, and upcoming research needs in relation to strategic compensation to reduce uncertainty, improve environmental baselines and ensure that decisions are made based upon the best available evidence).

The membership of the group is still to be considered but could include representatives from government, industry, SNCBs and eNGOs.

The group would not be intended to perform a role as part of the consenting process. Scottish Ministers would maintain overarching responsibility for approving strategic compensation and in determining the wording of conditions in relation to compensatory measures attached to individual project consents/licences and the extent to which those conditions can be discharged.

6.3 Role of SNCBs

We propose clarifying in guidance the roles and responsibilities of SNCBs in implementing this policy and proposed legislative reforms in Scotland.

The policy will not change existing SNCB roles in the offshore wind planning and consenting process. SNCBs will continue their existing role in providing advice with regard to compensatory measures including with regard to whether measures are likely to meet compensatory measure principles as below:

• That the measure looks to address the feature that is impacted in the first instance (moving down the compensation hierarchy accordingly);
• That there is demonstrable ecological benefit to the protected site network by addressing its contribution to network connectivity, representativity, geographical range, adequacy and/or recovery from damage, and achievement of site/feature conservation objectives relative to the impact caused;
• That the measure does not negatively impact on any other sites or designated features;
• That the measure would be able to be monitored to assess effectiveness (completion of direct action or outcome). The monitoring and management strategy must require further action to be taken if the compensation is not successful; and,
• Whether the measure is being delivered by Government or via an appropriate strategic compensation delivery mechanism, such as a Scottish Marine Recovery Fund, and so has a high likelihood of delivery.

Applicants should consult with SNCBs including on the consideration of the compensation hierarchy and the suitability of using of a wider measure. We recommend that offshore wind developers and plan authorities engage with SNCBs as early as possible so they can consider the SNCBs’ advice before submitting their application.

6.4 Public Compensation Register

We are aware that the UK Government is consulting on proposals for a UK-wide Public Compensation Register. The Scottish Government supports collaboration on a UK-wide register rather than the establishment of a Scottish-specific register.

The aim of this register would be to track the impacts of proposed compensation being delivered across the UK on the protected site network. This would help inform decision-making on the choice of measures to be taken forward as strategic compensation, as well as help to identify areas of synergies for delivery of measures and any cost savings that may be able to be made.

Such a register could align with monitoring plans for data collection and sharing, contributing to a better understanding of effective measures and informing future decisions.

We would welcome your views on the benefit of such a register, and whether you consider a Scotland-specific register is required.