Paragraph 4 Operational and Environmental Management DocumentI1

Scotland

The OEMD referred to in article 35 shall include—

(a)

an updated schedule of mitigation relevant to the operational phases, including all mitigation proposed in support of the planning application, other relevant agreed mitigation (e.g. as required by agencies) and mitigation set out in the relevant planning conditions;

(b)

processes to control and action changes from the agreed schedule of mitigation;

(c)

the following specific Operational and Environmental Management Plans, including zoning plans where appropriate—

(i)

habitat protection and enhancement plan, including measures to—

(aa)

protect and safeguard SPA bird habitat at the end of the spit, the roost sites in particular, from on-going disturbance, in general accordance with the spit habitat protection and enhancement plan (this shall include zonation and/or timing of activities within the harbour coupled with screening and directional lighting);

(bb)

create additional suitable bird roost and nest sites, including the provision of nesting rafts for terns and measures to reduce fox predation;

(cc)

remove invasive non-native species Crassula Helmsii;

(dd)

protect and enhance existing wetlands;

(ee)

manage the stockpiled dredged material to protect the wader roost from human disturbance and wind-blow and increase shelter from certain wind directions; and

(ff)

monitor use of habitat by SPA birds, and adapt management as required;

(ii)

marine mammal protection plan, including a seal injury avoidance scheme;

(iii)

access management plan;

(iv)

noise mitigation plan, including measures to deal with night-time noise;

(v)

sediment transport monitoring plan; and

(vi)

vessel movement plan;

(d)

details of the appointment of an appropriately qualified Environmental Clerk of Works with roles and responsibilities;

(e)

methods of monitoring, auditing, reporting and communication of environmental management on site and with the client, Scottish Ministers and other relevant parties; and

(f)

statement of responsibility to ‘stop the job/activity’ if a potential breach of a mitigation measure or legislation occurs.

Annotations

Commencement

I1: Sch. para. 4 in force at 19.8.2014, see art. 1(1)