Strategic Compensation Policy for Offshore Wind
Overview
The Strategic Compensation Policy for Offshore Wind sets out Scotland’s proposed policy for Habitats Regulations reform for offshore wind. Enabled by the UK Energy Act 2023, the policy proposes to amend the Habitats Regulations for offshore wind to enable a more flexible and pragmatic approach to environmental compensation. The proposals aim to provide new opportunities for investment to conserve Scotland’s marine environment by enabling a more flexible approach to the requirements for compensation and unlock barriers to offshore wind deployment in Scotland and the climate and economic benefits offshore wind brings.
The policy will underpin new Scottish secondary legislation which will be applicable to the Scottish inshore region (0-12nm from the shoreline). The policy will also underpin associated guidance which will be applicable to both the Scottish inshore and offshore regions (beyond 200nm from shoreline).
These proposals form part of UK-wide reforms, to ensure a strategic and coordinated approach in the way compensation is provided for offshore wind across Scotland, England, Wales and Northern Ireland. In tandem to this consultation, the UK Government is consulting on reforms to environmental compensation for offshore wind. The UK Government reforms will be delivered through a Statutory Instrument (SI) and associated guidance. The UK Government SI will apply in the Scottish offshore region (beyond 12nm). We encourage stakeholders to respond to this consultation in addition to the UK Government consultation.
Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.
Consultation questions preview
The consultation questions are included here for your reference. Please click 'Begin consultation' at the bottom of this page to proceed.
1. Do you agree with the proposed approach to reforming the Habitats Regulations as they apply to offshore wind activities as defined in the Energy Act 2023, in order to make wider compensatory measures available for offshore wind development?
2. Do you agree with the proposed Compensation Hierarchy approach, for inclusion in subsequent guidance, including the type of compensation within each tier and when to move down the hierarchy?
3. Do you agree with the proposed approach to how to demonstrate evidence that a wider measure has an ecological benefit to the protected site network?
4. How do you think the effectiveness of wider measures could be monitored?
5. We are aware that UK Government are consulting in its concurrent consultation on reforms to environmental compensation for offshore wind on a proposal to clarify in guidance circumstances where wider measures would not be suitable for impacts to locations with Marine Irreplaceable Habitats or features. Do you agree with our proposal not to include a similar approach within our guidance?
6. Do you agree with our interpretation of the application of the additionality principle to offshore wind, and our proposal to provide further clarity as part of guidance?
7. Do you agree with our proposed approach, for inclusion in subsequent guidance, that in certain circumstances, compensation can be functioning after the impact of the offshore wind development occurs?
8. Do you agree with our proposed approach, for inclusion in subsequent guidance, to clarify circumstances where compensation is required for projects or plans with small levels of impact to a protected site?
9. Do you agree with our proposal to clarify through guidance when overcompensation may be appropriate, and do you have a view on the instances in which it should be required?
10. Do you agree with our proposed approach to maintain the current approach to adaptive management but to include in subsequent guidance?
11. Do you agree with our proposed approach, for inclusion in subsequent guidance, for monitoring and governance of the proposed policy?
12. We are aware that the UK Government are consulting on a proposal to introduce a public register of compensatory measures across the UK. The Scottish Government supports collaboration on a UK-wide register rather than the establishment of a Scottish-specific register. Do you agree?
13. Scottish Government are assessing the option of applying a common framework for compensation of offshore wind by extending the proposed amendments set out in this policy to the Marine (Scotland) Act 2010. Do you think the reformed approach should be extended to the Marine (Scotland) Act 2010?
14. Do you think that this policy will have an effect on an island community which is different from its effect on other communities (including other island communities)?
15. Do you have any comments on the partial Business and Regulatory Impact Assessment?
16. Do you have any comments on the Strategic Environmental Assessment?
17. Do you have any other comments on our proposals described in the consultation paper?
Useful information about responding to this consultation
As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.
Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.
On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.
After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.
An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).
Why your views matter
Through this public consultation, the Scottish Government is seeking views on the Strategic Compensation Policy for Offshore Wind and its supporting impact assessments:
This consultation is an opportunity for stakeholders to provide views on the proposed Habitats Regulations reform and underlying policy approaches. We will use the responses to inform the final design of secondary legislation and associated guidance.
This consultation is not intended to seek views on the Habitats Regulations as they apply to other marine industries. This consultation, subsequent legislative reforms and guidance apply to offshore wind in Scotland only.
In addition to this online consultation, a series of events are being held online. These events will offer the opportunity to speak directly with officials. The event schedule will be added to this page under the "Events" tab below.
Give us your views
Events
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Online Event: 4 August
From 4 Aug 2025 at 11:00 to 4 Aug 2025 at 13:00Online Event - registration available at: https://events.teams.microsoft.com/event/5859fe75-1f48-4ebd-adaf-e6838bfa6b1e@0ef77447-1083-4dec-b89f-27c765076840
Scottish Government consultation webinar: Strategic Compensation Policy for Offshore Wind:
The following event has been organised to support the public consultation on the Strategic Compensation Policy for Offshore Wind.
The consultation events are an opportunity to learn about the Scottish Government’s proposed Strategic Compensation Policy for Offshore Wind, and conclusions from our impact assessments, including, Strategic Environmental Assessment (SEA) and partial Business and Regulatory Impact Assessment (BRIA). Officials will provide an overview of the policy and the assessments. This will be followed by time for questions, to support attendees to provide their formal consultation responses.   -
Online Event: 13 August
From 13 Aug 2025 at 17:00 to 13 Aug 2025 at 19:00Online Event - registration available at: https://events.teams.microsoft.com/event/0e95e365-3825-40ed-96ba-f085aa91b8a6@0ef77447-1083-4dec-b89f-27c765076840
Scottish Government consultation webinar: Strategic Compensation Policy for Offshore Wind:
The following event has been organised to support the public consultation on the Strategic Compensation Policy for Offshore Wind.
The consultation events are an opportunity to learn about the Scottish Government’s proposed Strategic Compensation Policy for Offshore Wind, and conclusions from our impact assessments, including, Strategic Environmental Assessment (SEA) and partial Business and Regulatory Impact Assessment (BRIA). Officials will provide an overview of the policy and the assessments. This will be followed by time for questions, to support attendees to provide their formal consultation responses.  
Interests
- Energy
- Environment and Climate Change
- Main hub
- Marine and Fisheries
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