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

8 Conclusion

8.1.1 The Strategic Compensation Policy introduces a more flexible, strategic approach to compensatory measures under the Habitats Regulations for offshore wind, maximising opportunities for investment in the marine environment whilst ensuring that ecological benefits of compensatory measures are reasonably proportionate to the impacts of offshore wind development.

8.1.2 As consulted on, reforms will be set out in the OW EAR SSI which will amend the compensation requirements under the Habitats Regulations for offshore wind. Reforms will enable compensatory measures which benefit the UK MPA Network overall to be secured for relevant offshore wind activities (as defined in the Energy Act 2023^[20]). The ecological benefit of those compensatory measures must be reasonably proportionate to the level of damage to the network. The MPA network will include SACs, SPAs, SSSIs, and all MPAs. In parallel the UK SI will provide reforms that apply in the Scottish offshore region (beyond 12 NM). The Marine Scotland Act will not be amended.

8.1.3 When seeking to secure a wider compensatory measure, the compensation hierarchy must be followed. A legislative requirement for a compensation hierarchy will be included in the SSI. The Scottish Government will release statutory guidance, once the legislation comes into force, which will provide offshore wind developers and delivery partners in Scotland with practical guidance to support them in applying the UK wide Habitats Regulations reforms in practice.

8.1.4 The Environmental Report^[21] did not identify any additional factors beyond those addressed in policy-making that would need to be monitored. Therefore, no mitigation or monitoring measures are proposed. However, Scottish Government is developing a Scottish Portfolio of Strategic Compensatory Measures, with research projects being undertaken to understand the practical feasibility, benefits and impacts of potential strategic compensatory measures.

8.1.5 The decision has been made to not publish an updated Environmental Report as all relevant comments received have been incorporated into this post-adoption statement.