Offshore wind: compensation hierarchy

This compensation hierarchy applies to all relevant offshore wind plans or projects in English, Welsh and Northern Ireland offshore waters (beyond 12 nautical miles). It also applies to relevant offshore wind plans or projects in:

• English inshore waters (within 12 nautical miles)
• Welsh inshore waters (within 12 nautical miles), for infrastructure which is part of a Nationally Significant Infrastructure Project application (as described in s.293(2) of the Energy Act 2023) and in relation to qualifying Secretary of State functions
• Northern Irish inshore waters (within 12 nautical miles) in relation to qualifying Secretary of State functions

The Secretary of State is required to publish a compensation hierarchy under:

• regulation 68ZA of the Conservation of Habitats and Species Regulations 2017
• regulation 36A of the Conservation of Offshore Marine Habitats and Species Regulations 2017

The hierarchy must be followed when selecting environmental compensatory measures for relevant offshore wind plans or projects. The Welsh Ministers may decide to publish a hierarchy in certain circumstances for specific matters.