OpenLegislation

Paragraph 35 I1

England and Wales

Following consultation with the MEEB steering group the MIMP must be submitted to the Secretary of State for approval in consultation with the MMO and the relevant statutory nature conservation bodies. The MIMP must be based on the principles set out in the in-principle MEEB plan and include—

(a)

details of the location, nature and area of the measures to be delivered, which should equate to no less than 10,000m2 of native oyster bed restoration to deliver equivalent environmental benefit as a result of the predicted effects of the authorised development;

(b)

confirmation of any marine licence required in order to implement and maintain the measures;

(c)

confirmation of any lease required (if any) from The Crown Estate for the site(s) where the measures are to be delivered;

(d)

an implementation timetable for delivery of the oyster bed restoration;

(e)

details of management and maintenance arrangements for the oyster bed restoration;

(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 measures and/or adaptive management measures;

(g)

minutes from all consultations with the MEEB steering group;

(h)

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 oyster bed restoration measures of equivalent environmental benefit. 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 MEEB steering group;

(i)

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 measures of equivalent environmental benefit by another party wholly or partly in substitution for the oyster bed restoration measures of equivalent environmental benefit or as an adaptive management measure for the purposes of paragraphs 5‎(f) 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 MEEB steering group. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and

(j)

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 measures of equivalent environmental benefit wholly or partly in substitution for the oyster bed restoration measures of equivalent environmental benefit or as an adaptive management measure for the purposes of paragraphs ‎35‎(f) 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. 35 in force at 9.5.2024, see art. 1