Post Consent Monitoring What is happening? Jim Mckie Marine Scotland, Marine Laboratory, Aberdeen

Transcription

1 Post Consent Monitoring What is happening? Jim Mckie Marine Scotland, Marine Laboratory, Aberdeen

2 Today s presentation Consented Projects Specific issues and questions Opportunities for collaboration Protocol agreement

3 Consenting/Licensing Processes Least we forget! Marine Scotland Licensing Operations Team (MS LOT) has since April 2011 provided a one stop shop for marine licensing under part 4 of the Marine (Scotland) Act 2010/Marine and Coastal Access Act 2009 and consenting under Section 36 of the Electricity Act 1989 including deemed planning where required. To name but a few! Reduces the burden and pressures on the process, flags up challenges and facilitates solutions, monitoring and mitigation. In the context of this discussion provides a sound bases for RAG s and advisory panels. Provides a mechanism to manage the processes, enquiries, interactions including meetings, issuing guidance and advice and, access to information. Sound basis for effective discharge of conditions. Offers a better use of resource licensee/consentee, regulator and advisors.

4 Current Renewable Energy Projects &

5 Projects in Post Consent Process European Offshore Wind Deployment Centre (Scientific Research and Monitoring Panel) MeyGen tidal array (Advisory Group) Moray Firth and Forth and Tay (Regional Advisory Group) Hywind Scotland Pilot Park (in process of engagement) European Marine Energy Centre (Monitoring Advisory Group) Robin Rigg Offshore Wind Farm (Monitoring Group) ORE Catapult Levenmouth To find details and updates on the post consent process including monitoring please click on the link below where you will get most up to date information ng

6 Example Licence Condition content: Project Environmental Monitoring Plan (PEMP) Approval of the Licensing Authority Consultation with the JNCC, SNH, MSS as agreed/directed by Scottish Ministers Pre-construction, construction and post-construction avoidance behaviour flight height distributions noise disturbance spawning

7 PCM approach 1. Issues 2. Questions? 4. PCM Approach (PEMP) 3. Methods

8 Be Specific! PCM Questions e.g. Displacement effects upon productivity Do individuals from X use windfarm Y. What proportion of individuals from X are displaced from windfarm Y? Do birds from X displaced from windfarm Y experience lower productivity rates than would expected? What are the population level consequences on X of reductions in productivity due to displacement from windfarm Y? Does the population of X change due to windfarm displacement effects?

9 Project Clusters & Shared s (RAG S) Moray Firth RAG Forth & Tay RAG Regional Advisory Group Developers MSS SNCBs RSPB WDC (MS-LOT) Special Protection Area with seabird component

10 Protocol Agreement Under Review This protocol agreement between Marine Scotland and Developer aims to identify the key milestones in the Section 36 and Marine Licensing application post consent processes and sets out the information required to process the application and agree the dates by which this will be done. This protocol agreement is not legally binding. However, in signing this agreement all signatories agree to meeting the timescales outlined and recognise that in missing the given deadline a consultee has missed its opportunity to input.

11 Timeline Document Developer sign off and issue plan to MS LOT MS LOT complete initial check before Consulting End of Consultation* MS LOT issue Consultation comments to Developer Developer submit revised plan to MS LOT MS LOT Issue Decision Plan A Day 1 Day 11 Day 39 Day 46 Day 67 Day 81 (*) 28 day consultation period; this can be extended subject to the Developer's agreement An Example

12 Conclusions Accessibility, engagement, resolving conflict and formally tackling issues and providing feedback is critical Questions/outcome driven approach to PCM Regional collaboration beneficial and productive Individual developers with input from groups and panels must discharge consent/licence conditions e.g. RAG s (Moray Firth and F&T with subgroups on birds, mammals, benthos, fish) Engagement by regulator with advisors, stakeholders and developers to ensure consent conditions are reasonable, monitoring fit for purpose and projects remain buildable