OpenLegislation

Paragraph 23 Migratory bat monitoringI1

England and Wales

(1)

F1Work No.1 must not be commenced until a migratory bat monitoring plan, which must detail proposals for pre-construction, construction, and post-construction monitoring of migratory bats F2within and in proximity to the array area, has been submitted to and approved by the Secretary of State in consultation with the relevant statutory nature conservation bodies, the MMO, and the Bat Conservation Trust.

(2)

The migratory bat monitoring plan must include—

(a)

the location(s) where the monitoring will be undertaken and the suitability of that location or locations, and confirmation that any necessary landowner agreement(s) and approvals are in place;

(b)

details of any arrangements made with a third party for implementation of the monitoring;

(c)

details for the monitoring and reporting of the migration of bats between the United Kingdom and the European mainland and the behaviour of migratory bats within and in proximity to the array area, including—

(i)

survey methods;

(ii)

survey programmes and timings;

(iii)

limitations; and

(iv)

the format, content, and timetables for the monitoring reports to be delivered;

(d)

details of data-sharing including how monitoring data will be provided to The Crown Estate Marine Data Exchange, the relevant Local Environmental Records Centre(s), and any relevant ecological recording schemes.

(3)

The undertaker must carry out the monitoring of migratory bats in accordance with the migratory bat monitoring plan as approved under sub-paragraph (1) and provide the monitoring reports to the Secretary of State, the relevant statutory nature conservation bodies, the MMO, and the Bat Conservation Trust in the agreed format and in accordance with the agreed timetable, unless otherwise agreed in writing by the Secretary of State.

(4)

Any monitoring report compiled in accordance with the migratory bat monitoring plan as approved under sub-paragraph (1) must be made publicly available and submitted to the Crown Estate Marine Data Exchange, the relevant Local Environmental Records Centre(s), and any relevant ecological recording schemes, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation bodies and the MMO.

Annotations

Textual amendments

F1

Words in Sch. 2 Pt. 1 para. 23(1) substituted (6.10.2026) by The Five Estuaries Offshore Wind Farm (Correction) Order 2026 (S.I. 2026/1070), art. 1, Sch.

F2

Words in Sch. 2 Pt. 1 para. 23(1) inserted (6.10.2026) by The Five Estuaries Offshore Wind Farm (Correction) Order 2026 (S.I. 2026/1070), art. 1, Sch.

Commencement

I1

Sch. 2 Pt. 1 para. 23 in force at 8.1.2026, see art. 1