Enabled by the UK Energy Act 2023, the policy proposed to amend the Habitats Regulations for offshore wind to introduce greater flexibility to the requirements for compensation, therefore providing new opportunities for investment to conserve Scotland’s marine environment and unlocking barriers to offshore wind deployment in Scotland and the climate and economic benefits offshore wind brings.
Public Consultation
As part of a public consultation on the proposed Habitats Regulations reform, last year the Scottish Government commissioned ABPmer to undertake a Strategic Environmental Assessment (SEA) to inform the consultation and analyze consultation responses.
Following the conclusion of the SEA, ABPmer delivered the Strategic Compensation Policy Post Adoption Statement, which:
- Concludes the SEA process and sets out how the findings of the SEA Environmental Report and the views expressed by consultees have been taken into account in the development of the Strategic Compensation Policy
- Lays out the intention for statutory guidance on compensating for adverse effects from offshore wind on protected European Sites in Scotland
How the Consultation Has Informed Policy
In response to the stakeholder feedback received, further policy development and detailed assessment of potential options was taken forward in collaboration with the UK Government, other Devolved Governments, and UK-wide Statutory Nature Conservation Bodies. The finalized policy approach to be taken forward into the development of the legislation and guidance was agreed and informed the drafting of the Strategic Compensation Policy and associated guidance.
Following consideration of the range of feedback on the content of the policy, the proposed Habitats Regulations reforms for offshore wind were taken forward largely as outlined in the consultation. A large amount of feedback received was in relation to calls for greater clarity and detail on elements of the policy proposals, which has been fully considered and addressed in the guidance.
Key Policy Decisions for Scottish Offshore Wind Compensation
The findings of the SEA and consultation have informed the following policy decisions:
- Policy reforms will enable compensatory measures which benefit the UK Marine Protected Area Network to be secured for relevant offshore wind activities
- The ecological benefit delivered by compensatory measures must be reasonably proportionate to the level of damage to the network
- When seeking to secure a wider compensatory measure, the compensation hierarchy must be followed, which prioritizes like-for-like (direct) compensation, with broader measures only as a last resort
Statutory Offshore Wind Compensation Guidance
The consultation identified the need for clear, statutory guidance and robust safeguards to avoid legal uncertainty, ecological dilution, or weakening of site-specific protections.
Scottish Government committed to release statutory guidance providing offshore wind developers and delivery partners in Scotland with practical guidance to support them in applying the UK-wide Habitats Regulations reforms in practice. This has since been released as ‘Offshore wind – compensating for adverse effects on Protected European Sites: statutory guidance 2026’.
The work has since also informed The Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026.
