OpenLegislation

Paragraph 15 I1

England and Wales

The Kittiwake CIMP must be based on the strategy for kittiwake compensation set out in the Kittiwake Compensation Plan and include—

(a)

details of where artificial nest site improvements compensation measures will be delivered and the suitability of the site to deliver the measures;

(b)

details of landowner agreements, if relevant, demonstrating how rights will be obtained to install and maintain the measures at the site(s) and assurances that the land management will deliver the ecology objectives of the Kittiwake CIMP;

(c)

details of the design of the artificial nest site improvements, including how risks from avian or mammalian predation and unauthorised human access will be mitigated;

(d)

an implementation timetable for the delivery of artificial nest site improvements that ensures all compensation measures are in place to allow three full kittiwake breeding seasons prior to the operation of any turbine forming part of the authorised development;

(e)

details of the maintenance schedule for the artificial nest site improvements;

(f)

details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the factors used to trigger alternative compensation measures and/or adaptive management measures;

(g)

provision for reporting to the Secretary of State, to include details of the use of the nest sites by breeding kittiwake to identify barriers to success and target any adaptive management measures;

(h)

minutes from all consultations with the KCSG;

(i)

provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of state, to pay a contribution to the Strategic Compensation Fund wholly or partly in substitution for the artificial nest site improvements compensation measure or as an adaptive management measure for the purposes of paragraphs ‎155‎(f) and ‎(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and Defra or other Government body responsible for the operation of the Strategic Compensation Fund in consultation with the KCSG;

(j)

provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the artificial nest site improvements compensation measure or as an adaptive management measure for the purposes of paragraphs ‎155‎(f) and ‎(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and the other party in consultation with the KCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and

(k)

provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to collaborate with another party in the delivery of compensation measures wholly or partly in substitution for the artificial nest site improvements compensation measure or as an adaptive management measure for the purposes of paragraphs ‎155‎(f) and ‎(g) of this Part of this Schedule. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph.

Annotations

Commencement

I1

Sch. 17 para. 15 in force at 9.5.2024, see art. 1