BWEA OFFSHORE CONFERENCE17 – 18 APRIL 2002

Offshore ConsentsOffshore Consents

Planning for the FuturePlanning for the Future

Nigel PeaceNigel Peace

Director, Energy RegulationDirector, Energy Regulation

Department of Trade & IndustryDepartment of Trade & Industry

Overview of consents requirements

• Section 36, Electricity Act

• Section 5, Food & Environment Protection Act (FEPA)

• Section 34, Coast Protection Act (CPA)

• An Order under the Transport and Works Act 1992

DTI’s Offshore Renewables Consents Unit (ORCU)

• First point of contact for developers with Government

• Specifically handles section 36 applications

• Co-ordinates progress of applications through Government and facilitates solutions to problems that arise

• Detailed guidance notes available (updated version this month)

Experience from the first applications

• No short cuts possible on environmental assessment

• Monitoring conditions difficult to agree

• Concern about cumulative impact

• MOD objections to some sites

Looking ahead

• Developers pressing for leases for more ambitious projects

• Policy decisions on future approach needed urgently

• Options range from “rolling free-for-all” to permitting developments within a strategic framework

• Government committed to working with industry to develop the best approach

Why a policy decision on future strategy needs to be taken

• Likelihood of opposition from the environmental lobby if future site selection is not based on a strategic assessment

• International obligations require element of strategic planning

• Risk that offshore wind potential will not be maximised if future leases are awarded on a first come, first served basis

• Politically unrealistic not to have a strategic policy framework

Policy framework on future strategy needs to be informed by assessment of

• Legal issues

• Economic and regulatory issues

• Environmental issues

• Technical issues

Legal issues

• What are the options for site allocation?• Is there a firm legal basis for consenting

developments outside territorial waters?• What are the implications of EU legislation,

especially SEA Directive?• Does the regulatory regime need any

adjustment?• Is there a need for future primary legislation?

Economic and regulatory issues

• Transmission Issues Working Group set up by DTI will co-ordinate 3 work streams:

1. Implications for transmission network of large scale renewables exports from Scotland to south of the border

2. Implications for transmission network of large scale renewables generation off the coast of England & Wales

3. Study into the financing and regulatory issues

Environmental issues

• Policy balance between renewable energy and marine stewardship

• Strategic environmental assessment

• Bergen Declaration, March 2002

– Strong support for development of offshore renewable energy

– Emphasis on the need for developments to take account of environmental impact data etc

– Remit to Ospar to develop comprehensive criteria

Technical issues

Aviation Issues Working Group

1. Overseeing development of computer model to

describe the impact of wind turbines on radar

systems

2. Drawing up definitive guidance on location of

wind farms in relation to radar systems

3. Researching position in other European countries

Conclusions

• Government committed to working with the industry to address the key issues

• DTI will present proposals for strategic framework in report for formal consultation later in the year

• In meantime recognise need to find way to enable detailed site survey work to proceed more quickly.