Member

The amendment states that there is no need to redo a habitats assessment for the approval of conditions under a consent that was originally subject to habitats assessment. It states that mitigation measures can be taken into account when deciding whether a proposed project is likely to have a significant effect. This will reverse the unhelpful European case of People Over Wind, which artificially requires this test to be applied, assuming no mitigation measures are put in place—something our own UK judges previously considered preposterous when it was tested in our courts. Finally, it states that compensation measures need not address the same type or scale of impact as a harm caused, nor be in place before impact occurs.