Offshore wind - strategic compensation policy: strategic environmental assessment - post adoption statement

Appendix B: Consultation Questions

The consultation contained 17 questions, 14 on the Strategic Compensation Policy and a further three questions on the supporting assessments. The consultation questions are provided below.

• Question 1 - Do you agree with the proposed approach to reforming the Habitats Regulations as they apply to offshore wind activities as defined in the Energy Act 2023, in order to make wider compensatory measures available for offshore wind development?
• Question 2 - Do you agree with the proposed Compensation Hierarchy approach, for inclusion in subsequent guidance, including the type of compensation within each tier and when to move down the hierarchy?
• Question 3 - Do you agree with the proposed approach to how to demonstrate evidence that a wider measure has an ecological benefit to the protected site network?
• Question 4 – How do you think the effectiveness of wider measures could be monitored?
• Question 5 - We are aware that UK Government are consulting in its concurrent consultation on reforms to environmental compensation for offshore wind on a proposal to clarify in guidance circumstances where wider measures would not be suitable for impacts to locations with Marine Irreplaceable Habitats or features. Do you agree with our proposal not to include a similar approach within our guidance?
• Question 6 - Do you agree with our interpretation of the application of the additionality principle to offshore wind, and our proposal to provide further clarity as part of guidance?
• Question 7 - Do you agree with our proposed approach, for inclusion in subsequent guidance, that in certain circumstances, compensation can be functioning after the impact of the offshore wind development occurs?
• Question 8 - Do you agree with our proposed approach, for inclusion in subsequent guidance, to clarify circumstances where compensation is required for projects or plans with small levels of impact to a protected site?
• Question 9 – Do you agree with our proposal to clarify through guidance when overcompensation may be appropriate, and do you have a view on the instances in which it should be required?
• Question 10 – Do you agree with our proposed approach to maintain the current approach to Adaptive Management but to include in subsequent guidance?
• Question 11 - Do you agree with our proposed approach, for inclusion in subsequent guidance, for monitoring and governance of the proposed policy?
• Question 12 - We are aware that the UK Government are consulting on a proposal to introduce a public register of compensatory measures across the UK. The Scottish Government supports collaboration on a UK-wide register rather than the establishment of a Scottish-specific register. Do you agree?
• Question 13 - Scottish Government are assessing the option of applying a common framework for compensation of offshore wind by extending the proposed amendments set out in this policy to the Marine (Scotland) Act 2010. Do you think the reformed approach should be extended to the Marine (Scotland) Act 2010?
• Question 14 - Do you think that this policy will have an effect on an island community which is different from its effect on other communities (including other island communities)?
• Question 15 - Do you have any comments on the partial Business and Regulatory Impact Assessment?
• Question 16 - Do you have any comments on the Strategic Environmental Assessment?
• Question 17 - Do you have any other comments on our proposals described in the consultation paper?