Scottish Marine Recovery Fund: interim guidance

Impacts addressed by the Fund

An MRF can only be used to receive and make payments to secure compensation to address the adverse impacts of offshore wind activities on protected sites.

Offshore wind developers would be expected to continue to apply the mitigation hierarchy to their projects, seeking to first avoid, reduce and mitigate their impacts. Where the mitigation hierarchy has been exhausted, applicants may present a shadow derogation case identifying the compensation required to address adverse mpacts to protected sites, alongside their application for an Electricity Act 1989 section 36 consent and marine licence under the Marine and Coastal Access Act 2009 and/or the Marine (Scotland) Act 2010.

The Marine and Coastal Access Act 2009 applies to offshore wind developments in the Scottish offshore region (beyond 12 nautical miles). The Marine (Scotland) Act 2010 applies to offshore wind developments in the Scottish inshore region (0 – 12 nautical miles).

Compensatory measures would be required to address adverse impacts to Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) under the Habitats Regulations:

• Regulation 53 of the Conservation (Natural Habitats, &c.) Regulations 1994 and Regulation 68 of the Conservation of Habitats and Species Regulations 2017 in the Scottish inshore region
• Regulation 36 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 in the Scottish offshore region  

Measures of equivalent environmental benefit would be required to address adverse impacts to Marine Protected Areas (MPAs), including Nature Conservation MPAs and Demonstration and Research MPAs, under:

• section 126 of the Marine and Coastal Access Act 2009 in the Scottish offshore region
• section 83 of the Marine (Scotland) Act 2010 in the Scottish inshore region