Offshore wind - strategic compensation policy: strategic environmental assessment

5 Consideration of duties under Section 14 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

5.1.1 Consideration has been 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”)^[211], 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. The guiding principles on the environment are set out in Section 13 of the 2021 Act and include:

a) the principle that protecting the environment should be integrated into the making of policies;

b) the precautionary principle as it relates to the environment;

c) the principle that preventative action should be taken to avert environmental damage;

d) the principle that environmental damage should as a priority be rectified at source; and

e) the principle that the polluter should pay.

5.1.2 Scottish Government draft statutory guidance^[212] provides background to the principles, which is summarised below:

• Integration requirement: In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it;
• The precautionary principle: where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation;
• Preventative action: the prevention principle is intended to prevent, rather than react to, environmental damage from unregulated activities;
• Rectification at source: prioritises how environmental damage or harm should be addressed at its source, rather than in the wider environment, and by the polluter, rather than wider society; and
• The polluter should pay: those who cause pollution to bear the financial responsibility of any damage or remedial action required.

5.1.3 The potential environmental effects of the Strategic Compensation Policy identified in this Environmental Report are considered at a high level against each of the guiding principles:

• Protecting the environment should be integrated into the making of policies:
• This SEA has been undertaken at an early stage in the plan or policy preparation process, ensuring that decision-making is informed by relevant environmental information. Environmental considerations have therefore been 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. This SEA draws 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 shall not be used as a reason for postponing the implementation of the policy.
• Preventative action should be taken to avert environmental damage:
• The Strategic Compensation Policy will provide a framework for preventative action to be taken to prevent potential environmental damage from offshore wind development.
• 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 requirements for specific projects. The Strategic Compensation Policy will support developers and delivery partners to meet legal obligations under the Habitats Regulations, the Marine (Scotland) Act 2010, and the Marine and Coastal Access Act 2009.