Photo by Low Angle
New legislation came into force on 21 May, reforming the rules governing how offshore wind developers compensate for unavoidable impacts on protected marine sites. The changes, introduced jointly by the Department for Energy Security and Net Zero and the Department for Environment, Food & Rural Affairs, amend the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017.
Under the previous framework, developers faced strict limits on the types of environmental compensation they could offer when projects adversely affected protected sites. The revised rules open up a wider menu of compensatory options, including protecting seabird nesting areas, reducing predator numbers near breeding colonies, and funding the restoration of native oyster populations.
A more strategic approach to marine compensation
Marine Minister Emma Hardy said: “Offshore wind power is a key driver of our mission to make Britain energy secure and tackle the climate crisis. As we build the clean energy infrastructure our country needs, these reforms mean that we can also deliver real, lasting benefits for nature, from restoring native oyster beds to protecting seabird colonies for future generations.”
Energy Minister Michael Shanks added: “After two fossil fuel crises in five years, we are driving further and faster for clean homegrown power that we control to protect the British people and bring down bills for good. These reforms will accelerate offshore wind while maintaining strong protections for our marine environment, strengthening Britain’s energy independence.”
Industry bodies welcomed the changes. Kat Route-Stephens, RenewableUK’s Head of Environment and Consents, said: “They are major milestones which will cut delays and enable offshore wind developers to build vital new clean energy infrastructure significantly faster, while ensuring that they can compensate for any environmental impacts in a much wider range of ways.”
Benj Sykes, Ørsted UK Country Manager and Offshore Wind Industry Council Workstream Sponsor for Environment & Consents, emphasised that the reforms represent a shift in approach rather than a weakening of standards: “Crucially, this is not about lowering environmental standards. It is about implementing a more effective, strategic approach that will deliver better outcomes for nature as we deliver the UK’s Clean Power 2030 ambitions.”
New guidance published for developers
Alongside the legislative changes, DEFRA published new guidance to help developers navigate the updated framework. The two-part document covers when and how compensation is required, how to select appropriate measures, use of the Marine Recovery Fund, and the evidence needed to support a compensation proposal.
Fishing industry concerns remain
While the government and industry have presented the reforms as a balanced outcome for both clean energy and marine conservation, The Fishing Daily noted that the accelerated expansion of offshore wind infrastructure continues to raise concerns within the fishing sector over displacement from traditional fishing grounds, an issue the new legislation does not address.