The Norfolk Boreas Offshore Wind Farm (Amendment) (No. 2) Order 2025

“23.

In this Part—

“BIMP” means the benthic implementation and monitoring plan for the delivery of measures to compensate for the cable installation and protection in the HHW SAC as a result of the authorised development;

“BSG” means the benthic steering group who will shape and inform the scope and delivery of the BIMP;

“completion report” means the report submitted to the Secretary of State pursuant to paragraph 33;

“HHW SAC” means Haisborough, Hammond and Winterton Special Area of Conservation;

“HHW SAC compensation plan” means the document certified as the In Principle Habitats Regulations Derogation, Provision of Evidence, Appendix 3 Haisborough, Hammond and Winterton SAC In Principle Compensation by the Secretary of State for the purposes of this Order under article 37 (Certification of plans etc);

“Marine Recovery Fund” means the fund to be established and operated pursuant to section 292 of the Energy Act 2023 for the implementation of strategic compensation or any equivalent fund established by a Government body for that purpose; and

“Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to compensate for impacts on protected features of the HHW SAC as a result of the authorised development, the sum of which will be agreed with Defra or any other organisation responsible for the operation of the Marine Recovery Fund.”.

“32.

Unless otherwise agreed with the Secretary of State, results from the monitoring scheme must be submitted at least annually to the Secretary of State, the MMO and the relevant statutory nature conservation body. This must include details of any finding that the measures have been ineffective in securing an improvement in the condition of the HHW SAC and, in such case, proposals to address this. Any proposals to address effectiveness must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the MMO and the relevant statutory nature conservation body.”.

“33.

Subject to paragraph 35 and paragraph 38(b), a report which demonstrates completion of the activities required by the BIMP must be submitted to the Secretary of State within 12 months of completion of such activities.”.

“35.

In the event that the required area of marine debris is not removed (whether wholly or in part) the undertaker may apply to the Secretary of State to make a Marine Recovery Fund Payment as an adaptive management measure in substitution for the area of marine debris removal which has not been achieved.

36.

The application under paragraph 35 will set out—

(a)

the proportion of the overall area of marine debris removal required where the impact on the HHW SAC is shared with the Norfolk Vanguard offshore wind farm by virtue of the shared cable corridor; and

(b)

the amount of material removed under the BIMP as reported in the most recent document submitted pursuant to paragraph 32 (subject to any reductions already taken into account for any contribution under the Norfolk Vanguard Offshore Wind Farm).

37.

Following receipt of any application pursuant to paragraph 35, the Secretary of State must be satisfied—

(a)

that the application to use the Marine Recovery Fund as an adaptive management measure is acceptable in principle including (if relevant) the exact proportion of the original compensation for which a Marine Recovery Fund Payment can be accepted in substitution; and

(b)

that Defra or any other organisation responsible for the operation of the Marine Recovery Fund has confirmed that the Marine Recovery Fund can be used, such confirmation to include monetary quantification of the sums due in lieu of the compensation measures.

38.

If the Secretary of State is satisfied that the criteria set out in paragraph 37 have been met, he may notify the undertaker that the application made under paragraph 35 is approved, following which there must be no cable installation works within the HHW SAC unless and until—

(a)

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

(b)

the undertaker has been discharged from any further obligations under this Part to deliver compensation measures in accordance with paragraph 39.

39.

The undertaker will be discharged from any further obligations under this Part to deliver compensation measures either—

(a)

following approval of the completion report by the Secretary of State, in consultation with the MMO and the statutory nature conservation body;

(b)

upon paying the full amount of the agreed Marine Recovery Fund Payment provided that the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures; or

(c)

upon entering into a contract with Defra or any other organisation responsible for the operation of the Marine Recovery Fund to make the agreed Marine Recovery Fund Payment in instalments and having made the first payment in a series of instalments under that contract provided that the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures.

40.

Any discharge pursuant to paragraph 39(c) from further obligations under this Part to deliver compensation measures 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 between the undertaker and Defra or any other organisation responsible for the operation of the Marine Recovery Fund.”.