GUIDANCE ON MARINE RENEWABLE ENERGY LICENSING IN PORTUGAL (MAINLAND)

Transcription

1 GUIDANCE ON MARINE RENEWABLE ENERGY LICENSING IN PORTUGAL (MAINLAND) JÚLIO JESUS, MARGARIDA ALMODOVAR, TERESA SIMAS 26TH OCTOBER

2 INTRODUCTION AND CONTEXT MRE LICENSING: NON-TECHNOLOGICAL BARRIER Complexity and slowdown of the licensing process Licensing constraints addressed in several EU funded projects RiCORE (Risk based Consenting for Offshore REnewables): implementation of a risk based approach to the environmental licensing (Ireland, Portugal, Spain, France and UK) RiCORE workshops joint a number of national experts (regulators, developers, EIA practitioners, academy): Julio de Jesus and Margarida Almodovar MRE licensing guidance for Portugal: extra output of the RiCORE project 2

3 GUIDANCE ON MRE LICENSING IN PORTUGAL OBJECTIVES Describe the process to support Developers Other stakeholders Identification of good practices Identification of gaps and procedures needing simplification or clarity 3

4 STRUCTURE OF THE GUIDANCE DOCUMENT Maritime space occupation and water resources use Energy production and remuneration Licensing onshore and legal constraints onshore & offshore Environmental Impact Assessment Chapters 2 and 3 Chapter 4 Chapters 5 and 6 Chapters 7 and 8 Chapter 9 Summary of the licensing process and articulation among all components of the licensing system in Portugal 4

5 Normal baseline Territorial sea Contiguous zone Economic Exclusive Zone MARINE SPACE OCCUPATION AND USE CHAPTERS 2 AND 3 Instruments of maritime spatial planning Situation plan (existing and designated uses and activities) Allocation plan (when the use or activity is not foreseen in the Situation Plan) MSP is applied to the maritime zones 12 MN 24 MN Sea level Mainland Continental shelf MSP does not apply to: 200 MN High Seas Continental shelf beyond 200 MN 1 nautical mile (MN) = 1,852 km Area 5 Port areas Estuaries and coastal lagunes

6 MARITIME SPACE PRIVATE USES AND ACTIVITIES CHAPTERS 2 AND 3 License for the private use of the national maritime space (TUPEM) Authorities: Leading authority: Directorate-General of Energy and Geology (DGEG) TUPEM: Directorate-General of Natural Resources, Safety and Maritime Service (DGRM) Required elements to issue TUPEM (to be delivered by the developer to the authorities) Procedures timeline 6

7 LICENSING THE PRODUCTION OF ELECTRICITY CHAPTER 4 Production regimes Regular regime Special regime: renewable energy sources Tariff regimes General regime Feed in tariff The type of tariff determines the legal procedure to follow Licensing procedures Production license Operation license 7

8 LICENSING INSTALLATIONS ONSHORE AND LEGAL CONSTRAINTS ONSHORE & OFFSHORE CHAPTERS 5 AND 6 Legal system that applies Timeline and constraints of the municipal licensing process Rights-of-way and public easements: Nature classified areas: Protected areas Natura 2000 network Other areas classified under international agreements National Agricultural Reserve National Ecological Reserve Other right-of ways and easements 8

9 ENVIRONMENTAL IMPACT ASSESSMENT CHAPTERS 7 AND 8 EIA authorities The legal framework of the EIA process in Portugal The screening process: decision on whether a regular EIA or an impacts incidence study is required for a given project The EIA stages and evaluation EIA procedures timeline and deadlines EIA screening process 9

10 GUIDANCE ON MRE LICENSING IN PORTUGAL ADDITIONAL INFORMATION Annexes Glossary List and brief description of all legislation Websites where additional information can be found Entities contacts Tables with protected areas in the Portuguese coastal area Other tables with relevant information mentioned during the document 10

11 GUIDANCE ON MRE LICENSING IN PORTUGAL ACKNOWLEDGMENT The authors would like to thank the revision and contributions received from the following entities and persons: APA (Agência Portuguesa do Ambiente) Ana Telhado, Sara Cabral and Maria do Carmo Figueira CCDR- LVT (Comissão de Coordenação do Desenvolvimento Regional Lisboa e Vale do Tejo): Isabel Marques DGEG (Direção Geral de Energia e Geologia): Maria José Espírito Santo DGRM (Direção Geral de Recursos Naturais, Segurança e Serviços Marítimos) ENONDAS, Energia das Ondas, S.A. Mafalda Rebelo Sousa, Miguel Hall, Victor Batista and Jorge Canena dos Santos Bioinsight: Helena Coelho 11 The Guidance is already available at the WavEC website:

12 Thanks for your attention! CONTACTS 12