Step 5 – Compensating for effects
Under the Nature Conservancy Act, harm caused to the North Sea water system that, despite mitigation, cannot be prevented must be compensated for as satisfactorily as possible.
Compensatory measures are part of the conditions subject to which permits are issued. Based on monitoring data, the competent authority will assess whether the proposed compensatory measures are sufficient. Consequently, it is important for the monitoring to tie in with the compensation task. In relation to the Nature Conservancy Act, this only becomes relevant once the ADC test has been completed.
For activities in a Natural 2000 area, a result obligation applies to compensation. For activities in other areas affecting a Natural 2000 area, a best endeavours obligation suffices. The following fundamental principles apply for the purposes of implementing compensatory measures:
- compensation is required only for significant effects that persist after measures have been taken to limit/mitigate these;
- compensatory measures must be taken prior to the proposed activity taking place;
- wherever possible, compensation must be provided in kind, preferably in, or otherwise directly adjacent to, the North Sea;
- the initiator draws up a compensation plan that must be approved by the competent authority.