Paragraph 3 Marine Recovery FundI1

England and Wales

(1)

Where the undertaker elects to make a Marine Recovery Fund Payment under paragraph 2(1)(a), no operation of any wind turbine generator forming part of the authorised development may begin until—

(a)

the Marine Recovery Fund Payment has been quantified and the undertaker has entered into a contract to make a Marine Recovery payment to provide the compensation quantum, as determined by the Secretary of State, of 15.9 breeding pairs of kittiwake for the impact to the kittiwake feature of the FFC SPA;

(b)

an implementation and monitoring plan has been submitted to and approved by the Secretary of State; and

(c)

the full payment or the first payment in a series of instalments in accordance with the contract in sub-paragraph (a) has been made by the undertaker and the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures.

(2)

Following receipt of the approvals under sub-paragraph (1) the undertaker shall not be required to implement any further compensation measures for kittiwake pursuant to this Part of this Schedule but this does not obviate the undertaker from its obligation to continue to comply with any payment schedule or any other conditions that form part of the contract entered into by the undertaker under paragraph 3(1)(a).

Annotations

Commencement

I1: Sch. 13 Pt. 2 para. 3 in force at 8.1.2026, see art. 1