Forth and Tay Regional Advisory Group
Terms of Reference v3
FORTH AND TAY REGIONAL ADVISORY GROUP
Background
These Terms of Reference (ToR) relate to the Forth and Tay Regional Advisory
Group (FTRAG) set up to meet the requirements of the Section 36 and associated
Marine Licence conditions. The commercial fisheries working group (CFWG) is not
part of the FTRAG and will continue separately, the purpose of the CFWG is to
provide a forum for collaborative discussion and action in relation to offshore wind
farm developments in the Forth and Tay area and their interactions with commercial
fishing activities.
Consents were granted by the Scottish Ministers under section 36 of the Electricity
Act 1989 to construct and operate the Seagreen Alpha and Seagreen Bravo
Offshore Wind Farm Electricity Generating Stations with a combined maximum
generating capacity of 1050 MW, for the Neart na Gaoithe Offshore Wind Farm
Electricity Generating Station with a maximum generating capacity of 450 MW and
the Inch Cape Offshore Wind Farm Electricity Generating Station with a maximum
generating capacity of 784 MW.
The FTRAG may also establish sub-groups for the purpose of addressing specific
work packages to discharge consent conditions. FTRAG may consider the following
areas of collaborative work between developers:

Benthic Ecology, Marine Mammals, Ornithology, Fish Biology and other
environmental work-streams as required.
Under the conditions of the s36 consents and marine licences several projects within
the Forth and Tay must include an EMP and PEMP with an Advisory Group to
provide advice to the Scottish Ministers for research, monitoring and mitigation
programmes of the EMP and PEMP at a strategic level.
Post-consent monitoring requirements are incorporated into licence conditions in
order to:
a. Validate, or reduce uncertainty in predictions on environmental impacts
recorded in supporting Environment Impact Assessments (EIA) and Habitats
Regulation Assessments (HRA).
b. Provide evidence on the effectiveness of mitigation measures.
c. Allow identification of any unforeseen impacts.
Aims and Objectives
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
To identify, review and advise the scope of monitoring activities for all Forth
and Tay PEMPs to ensure proportionate, targeted and risk-based post
consent monitoring across all Forth and Tay developments.

To facilitate compliance with relevant conditions within the consents and
licences of developments in the Forth and Tay.
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
Ensure that appropriate and effective monitoring of the impacts of the
developments in the Forth and Tay is undertaken to satisfy the requirements
of the s36 and marine licence conditions.

To encourage developers to collaborate with their monitoring programmes to
provide more strategic outputs and potential cost savings.

To provide a cooperative base for identifying, reviewing and advising on:
o the monitoring activities to be included in the individual development’s
PEMP to enable the discharge of relevant consent and licence
conditions and ensure consistency between individual projects.
o the delivery of monitoring for the PEMPs and communicating these to
both the Scottish Ministers and the general public.
o the scope of mitigation for EMP amendments focusing on but not
necessarily limited to, marine mammals, birds and migratory fish as
required.
o reviews of the PEMP monitoring outputs for incorporation into
amendments of the EMP and updating of the PEMP as required in
terms of the consents.

To clearly identify elements of the monitoring programmes which should be
independently peer reviewed. To disseminate the outcomes of any such
reviews along with other elements of the PEMPs and EMPs.

To provide advice on the closure and sign-off of components of PEMPs and
EMPs.

To advise whether the monitoring activities are aligned with Scottish
Government and academic research in marine renewables and other relevant
areas. This should be achieved through liaison with Scottish Offshore
Renewables Research framework (SpORRAn).

To identify strategic opportunities and proposals for
monitoring/research activities associated with the Forth
developments beyond the immediate requirements of the
developments PEMPs and EMPs. To make recommendations
these opportunities and proposals to SpORRAn.

Engage with other relevant groups when necessary.
additional
and Tay
individual
regarding
Terms of Reference
1. At least one member of each organisation must be present to conduct the
business and for any decisions to be passed. Members of FTRAG should
make all reasonable efforts to attend meetings. Should attendance not be
possible then members are required to nominate another member to speak on
their behalf or provide a written representation to the chair of the
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organisations view. Either the chairman or vice-chairman must be present at
the meetings.
2. Organisations must ensure continuity at the meeting through the designated
membership or through thorough briefs to representatives attending in their
place to enable them to make decisions, Non-attendees should forego the
opportunity to re-raise issues or re-visit decisions at subsequent meetings.
3. Members should have the expertise and authority to make decisions on behalf
of their organisations.
4. The group does not exist in isolation. It will make full use of links with other
groups that deal with related issues; and where required, refer matters arising
to other groups for their attention.
5. The group will feedback information and results to SpORRAn when necessary
to enable a strategic overview on research, monitoring and mitigation
programmes to be planned at a Scottish level.
6. The group will enter into dialogue with and consider the perspective of other
stakeholders including The Crown Estate, other regional advisory and
environmental groups where necessary.
7. The group will operate flexibly with participants’ attendance reflecting topics
that are being considered and may invite other experts, subject to the
agreement of members of the group to discuss developments.
8. The group will, from time to time, discuss matters on a commercial and in
confidence, basis and will retain such information on that basis.
9. Agreement with the FTRAG must be sought prior to any information being
passed to a third party to ensure information of a sensitive nature is not
knowingly released.
10. The group will elect an appropriate chair, within the first two occasions of
meeting. Until such time as the group does this Marine Scotland will chair the
group.
11. Where an existing member resigns from FTRAG, the chair may invite a
replacement from the appropriate sectoral body.
12. The Secretariat for the group shall be provided by the developer(s).
13. Recommendations of FTRAG shall be reached, where possible by
consensus to advise the Scottish Ministers. It is anticipated that that
recommendations will take a narrative form. If consensus cannot be agreed
Marine Scotland Licensing Operations Team (MS-LOT) will be advised of the
majority and minority views in a separate detailed report, submitted by the
secretariat within two weeks of the issue arising, which has been agreed with
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FTRAG members. The report should include a set/sets of recommendations.
Where issues of adverse impact arise, then the recommendations should
include possible ways to mitigate the effects of these impacts. MS-LOT to
report what action it intends to take within 10-working days.
14. The terms of reference and focus of the group will be subject to review on a
regular basis by agreement of the members.
15. FTRAG may amend these terms of reference at any time providing it has
been decided by consensus. In the event that a consensus cannot be
achieved, a decision shall be taken by vote and carried if it is supported by
over 50% of the membership present. Before the terms of reference can be
formally accepted FTRAG must have sought and received the Scottish
Ministers approval in writing.
16. Whenever a vote is required (e.g. to change terms of reference or to elect a
chair) each organisation will have one vote. MS-LOT will not have a vote as
the group’s purpose is to advise the Scottish Ministers, who MS-LOT act on
behalf of.
17. If MS-LOT are not represented at these meetings, copies of the minutes and
any relevant documentation and reports should be circulated to MS-LOT for
awareness.
Membership and Frequency
FTRAG will comprise no more than two representatives from each of the named
organisations. The developers may also have their Ecological Clerk of Works
(ECoW’s) with them at the meetings to provide expert advice depending on the
subject(s) of discussion.
Meeting Frequency


Frequency to be determined by members of FTRAG.
Dial in details will be available to those unable to attend in person.
Members include:
1) Chairperson and vice chair: Initially Marine Scotland.
2) Secretariat: to be provided by developer(s).
3) Representatives from:
Organisation
Contact
Marine Scotland Licensing Operations Team (MS- Nicola Bain
LOT) (When necessary)
Marine Scotland Science (MSS)
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Ian Davies
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Marine Scotland Renewables and Offshore Wind Paul Smith
Policy (MS-MPP)
Scottish Natural Heritage (SNH)
Erica Knott
Catriona Gall
The Joint Nature Conservation Committee (JNCC)
Karen Hall
Enrique Pardo
Mainstream Renewable Power (Developer)
Ewan Walker
David Sweenie
Seagreen Wind Energy Ltd (Developer)
Kate Potter
Nick Brockie
Inch Cape Offshore Ltd (Developer)
Stephen Kerr
Esther Villoria
Royal Society for the Protection of Birds Scotland Aedan Smith
(RSPB Scotland)
Charles Nathan
Whale and Dolphin Conservation (WDC)
Sarah Dolman
Fiona Read
Association of Salmon Fishery Boards (ASFB)
David Summers
Brian Davidson
A member of SpORRAn is welcome to attend the FTRAG meetings if they so wish,
but only as an observer to proceedings.
Costs
All reasonable costs of the FTRAG will become the responsibility of the developer(s).
This will include costs of hosting the meetings, providing secretariat support and an
independent chair (should one be appointed). Other costs to be covered will be
discussed and decided by FTRAG. Paying for attendance should not feature.
Roles and Responsibilities
Chair
The role of the chair is for:
a. Communication between MS-LOT, representatives of FTRAG, and the
chair in order to inform when the next meeting will be and what needs
to be discussed, to inform the agenda.
b. To ensure FTRAG functions properly to meet the requirements for
advising the Scottish Ministers on research, monitoring and mitigation
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programmes to discharge the conditions of the section 36 and
associated marine licence conditions.
c. To manage and control the meetings as well as act as a facilitator to
these discussions.
d. Introduce and explain the background and the purpose of agenda
items.
e. To advise/report to
MS-LOT of the outcome of the meeting
discussions.
Vice- Chair
The role of the vice chair is:
a. Support the role of the chair
b. Deputise for the chair when they are unable to attend the meeting
Secretariat
The secretariat will be responsible for:
a. Organising and arranging the meeting, including liaison with the chair.
b. At least 2 weeks prior to the meeting the secretariat will circulate an
agenda and any relevant papers for the meeting to all FTRAG
members.
c. Within 2 weeks from the date of the meeting draft minutes of meetings
will be prepared and circulated to members of the Group; with a
timeline for their review and finalisation.
d. Final versions of the minutes will be made available for publishing on
the Scottish Government website.
Participation in the SSMEG
As per the condition in the section 36 consents:
The Company must participate in any Scottish Strategic Marine Environment Group
(“SSMEG”) established by the Scottish Ministers for the purposes of advising the
Scottish Ministers on research, monitoring and mitigation programmes for, but not
limited to, ornithology, diadromous fish, marine mammals and commercial fish.
Reason: To ensure effective environmental monitoring and mitigation is undertaken
at a National scale.
As more projects are consented and developed-out the regional advisory groups
may be integrated into a wider SSMEG.
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Appendix 1: Conditions
Inch Cape
http://www.gov.scot/Resource/0046/00460543.pdf
Conditions: 14 EMP, 24 PEMP, 25 FTRAG, 26 SSMEG & 28 NRMSDF
Mainstream
http://www.gov.scot/Resource/0046/00460581.pdf
Conditions: 14 EMP, 23 PEMP, 24 FTRAG, 25 SSMEG & 27 NRMSDF
Seagreen Alpha
http://www.gov.scot/Resource/0046/00460530.pdf
Conditions: 14 EMP, 26 PEMP, 27 FTRAG, 28 SSMEG & 30 NRMSDF
Seagreen Bravo
http://www.gov.scot/Resource/0046/00460531.pdf
Conditions: 14 EMP, 26 PEMP, 27 FTRAG, 28 SSMEG & 30 NRMSDF
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