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

3 Integration of Environmental Considerations

3.1.1 This section explains how key environmental considerations were identified and how these were taken into account when planning the Strategic Compensation Policy.

3.1.2 To help address the global climate emergency and nature crisis, environmental considerations were a driver at the outset for the development of the Strategic Compensation Policy. The Strategic Compensation Policy aims to support:

• The protection of the marine environment and maximisation of environmental enhancement and restoration opportunities at a pace to meet Scottish Government 2030 and 2045 biodiversity and climate change targets, through blended effort across the public and private sectors; and
• A coordinated approach to the implementation of compensatory measures so they have the largest possible benefit for the environment and so that securing compensatory measures is not a limiting factor to consenting offshore wind.

3.1.3 To assist with the development of the Strategic Compensation Policy for Offshore Wind, a scoping report and SEA were prepared. A combined Screening and Scoping Report was published in July 2023 (updated September 2023), setting out the proposed approach to the SEA, including the proposed scope and level of detail required. The 2005 Act requires Scottish public bodies or those exercising functions of a public character (Responsible Authorities) to undertake a SEA when preparing plans, programmes or strategies if they are likely to have significant environmental effects.

3.1.4 The SEA has played an integral role in highlighting the environmental factors to be considered in the development of the Strategic Compensation Policy. The following SEA topics and objectives were scoped into the assessment (confirmed through scoping consultation):

• Biodiversity, Flora, and Fauna

(1) Enhancement of marine and coastal ecosystems, including species and habitats, and their interactions, supporting the achievement of Good Environmental Status.

(2) To maintain and enhance the ecological coherence of the MPA network and ensure conservation objectives for marine protected areas are achieved.

• Soil

(3) To support an enhanced functioning of the seabed to improve ecological value to improve biodiversity.

(4) To increase coastal resilience and enhance coastal habitats.

(5) To reverse and reduce adverse impacts on ecosystem function and productivity to support and enhance biodiversity.

• Water

(6) To maintain or work towards achieving Good Ecological Status and Good Environmental Status.

• Climatic factors

(7) To enhance resilience and preserve and enhance existing marine and coastal carbon stocks and carbon sequestration potential.

• Cultural Heritage

(8) To conserve and/or enhance cultural and historical heritage associated with the marine environment^[10].

• Landscape/Seascape

(9) To minimise adverse coastal landscape character and/ or visual impacts.

3.1.5 The preparation of the Scoping Report and environmental baseline for the SEA ensured that environmental considerations were taken into account in the Strategic Compensation Policy. Subsequent consultation with the SEA Consultation Authorities assisted in confirming key environmental issues for further consideration in the assessment stage.

3.1.6 Consideration was also given to the duty on Scottish Ministers under Section 14 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (“the 2021 Act”)^[11], to have due regard to the guiding principles on the environment in making policies (including proposals for legislation) and to record how due regard has been given to the principles in preparing the Environmental Report.

3.1.7 The potential environmental effects of the Strategic Compensation Policy identified were considered at a high level against each of the guiding principles:

• Protecting the environment should be integrated into the making of policies:
  • The SEA was undertaken at an early stage in the plan or policy preparation process, ensuring that decision-making was informed by relevant environmental information. Environmental considerations were therefore integrated into the policy development.
• The precautionary principle as it relates to the environment:
  • Due to its dynamic nature, a degree of uncertainty will always exist when seeking to understand environmental effects in the marine environment. The SEA drew on the best available evidence to understand the likely beneficial, neutral, and adverse effects of the Strategic Compensation Policy. A lack of full scientific certainty has not been used as a reason for postponing the implementation of the policy.
• Preventative action should be taken to avert environmental damage:
  • The Strategic Compensation Policy provides a framework to prevent potential environmental damage from offshore wind development, and where appropriate, to compensate for in a manner which maximises environmental benefit opportunities.
• Environmental damage should as a priority be rectified at source:
  • The Strategic Compensation Policy helps to set a framework for the delivery of compensation measures for offshore wind developments. This ensures that any potential environmental damage is rectified, with progress made towards Scottish biodiversity and climate change targets.
• The polluter should pay:
  • Compensatory measures will be a requirement for specific projects. The Strategic Compensation Policy will support developers and delivery partners to meet legal obligations under the Habitats Regulations.