Argyll Tidal Demonstrator Project Argyll Tidal Limited Environmental Appraisal (EA) for the Argyll Tidal Demonstrator Project (December 2013) A single unit demonstration of Nautricity’s CoRMaT tidal stream turbine technology to be deployed in the coastal waters of the Mull of Kintyre, Scotland. CoRMaT at the Port of Montrose Environmental Appraisal Argyll Tidal Demonstrator Project Argyll Tidal Limited 1 INTRODUCTION 1.1 BACKGROUND 1. In October 2011, Argyll Tidal Limited (ATL) (“the Applicant”) entered into an Agreement for Lease with The Crown Estate under Section 3 of the Crown Estate Act 1961. This agreement initiated the investigation of the potential for development of a demonstration tidal energy array of up to 3 MW scale (“the Development”) to be located in the North Channel off the western coast of the Mull of Kintyre, Argyll and Bute, Scotland (“the Development Site”). The Development Site location is shown on Figure 1.1. Figure 1.1 – Development Site location 2. ATL is working with Nautricity Limited (NL), a Scottish developer of tidal generation technology. NL has developed the 500 kW CoRMaT device. It was originally proposed that up to 6 of these devices would be deployed at the Development Site subject to the appropriate consents and licences being granted. Consent to construct and operate the Development would fall under Section 36 of the Electricity Act 1989 and a Marine Licence would also be required under the Marine Scotland Act 2010. 3. Schedule 2 of the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations (2000) requires that all projects falling under S36 of the Electricity Act be screened to determine whether an Environmental Statement will be required to accompany the consent application. Accordingly, an opinion on a proposed scope for environmental impact assessment was requested from the Marine Scotland Licensing Operations Team (MS-LOT) in June 2012. MS-LOT responded to this request in September 2012. 4. During the feasibility and design stages of the Development and in parallel to the environmental monitoring that was undertaken to support the associated EIA, ATL sought a grid connection offer Environmental Appraisal 1-1 Chapter 1: Introduction Argyll Tidal Demonstrator Project Argyll Tidal Limited from the local Distribution Network Operator (DNO) Scottish Hydro Electric Power Distribution (SHEPD). Due to Transmission Network constraints in the wider Argyll and Bute region and the limited capacity of the local Distribution Network, for technical reasons it became clear that without construction of extensive and costly new grid infrastructure it would not be possible to connect more than a single CoRMaT device to the existing electricity network. 5. The Applicant decided to abandon plans for a multi-device array and refocused the Development to a single 500kW device demonstration. As the capacity of the Development was now less that 1MW, MS-LOT confirmed that the Development could be consented under a Marine License only. MS-LOT also confirmed that consent application would require robust supporting environmental information rather than a formal Environmental Statement (ES) under the Environmental Impact Assessment (EIA) Regulations. 6. As the Development would also include onshore elements to facilitate the connection of the device to the existing grid connection, an onshore planning application to the local planning authority would also be required. 7. ATL appointed RES Offshore1 (“the Agent”), a business of Renewable Energy Systems Limited (RES), to undertake the development activities for the site and to secure the necessary consents to enable deployment of the single CoRMaT device. 1.2 DOCUMENT PURPOSE AND STRUCTURE 8. The Applicant is applying to MS-LOT for a Marine License to deploy and operate the Development and to Argyll and Bute Council for planning permission for the onshore elements of the Development. 9. This document is an Environmental Appraisal (EA) for the Development that has been collated by the Agent to provide information to MS-LOT, Argyll and Bute Council, statutory consultees and other interested parties about the proposed development and its likely environmental effects. The purpose is to identify likely significant environmental impacts so that these can be taken into account in arriving at the planning and consenting decisions. 10. The document has been informed by a range of desk studies, onshore and offshore site investigation, consultation with stakeholders and a 12 month environmental monitoring programme. Although the scoping responses received relate to a larger multi-device array that is not being advanced, the information provided is of relevance and has been considered in the Development design and this EA. 1 www.res-offshore.com Environmental Appraisal 1-2 Chapter 1: Introduction Argyll Tidal Demonstrator Project Argyll Tidal Limited 12. The document contains information on all of the relevant environmental matters and consists of the following chapters: 1. Introduction 2. Legislation and Policy 3. Site Selection and Project Evolution 4. Project Description 5. Installation, Operation and Decommissioning 6. Physical Environment 7. Benthic Ecology 8. Marine Mammals 9. Basking Shark 10. Fish and Shellfish 11. Marine Birds 12. Cultural Heritage 13. Commercial Fisheries, Shipping and Navigation and Military 14. Seascape, Landscape, Tourism and Recreation, Socio-Economics and Traffic 15. Terrestrial Ecology 16. Summary 13. Although the document is not a formal EIA, in general the individual chapters seek to determine the characteristics of the site, consider the potential effects of the Development, consider any mitigation measures that will minimise the potential effects and then conclude whether any residual effects are likely to be significant. 14. Finally, irrespective of whether a project requires EIA, assessment is required to adhere to relevant legislation relating to protected sites, habitats and species. Where relevant the chapters also consider whether there is likely to be a significant effect under the terms of the Habitats Regulations. 15. For information, the environmental designations in the wider region are shown on Figure 1.2 and discussed further in the relevant EA chapters. Environmental Appraisal 1-3 Chapter 1: Introduction Argyll Tidal Demonstrator Project Argyll Tidal Limited Figure 1.2 – Environmental Designations 1.3 CONTACT DETAILS 16. Contact details for the Agent and the Applicant are provided below. Please direct enquiries to the Agent where possible. The Agent Trading Title RES Ltd Address Colonsay House GSO Business Park East Kilbride Lanarkshire G74 5PG Tel. 0141 404 5538 Name of Contact Calum Robertson Position within Company Marine Energies Engineer Email [email protected] Environmental Appraisal 1-4 Chapter 1: Introduction Argyll Tidal Demonstrator Project Argyll Tidal Limited The Applicant Trading Title Argyll Tidal Ltd Address 5 St. Vincent Place Glasgow G1 2DH Tel. 0141 275 4850 Name of Contact Cameron Johnstone Position within Company Chief Executive Officer Environmental Appraisal 1-5 Chapter 1: Introduction Argyll Tidal Demonstrator Project Argyll Tidal Limited 2 LEGISLATION AND POLICY 2.1 INTRODUCTION 1. In this chapter we outline our understanding of the key policies and legislation governing the development. Aspects covered are: • general greenhouse gas and renewable policies, • marine planning, • the licensing and consenting regime, • environmental legislation. 2.2 GENERAL GREENHOUSE GAS AND RENEWABLES POLICIES 2.2.1 International 2. At present, there are no internationally agreed and binding targets for reductions in greenhouse emissions targets. The 1997 Kyoto Protocol, which set targets up to 2012 has now expired. As part of that agreement, the then 15 European Union member states committed to a collective 8% reduction. Beyond 2012, the EU has committed to a 20% reduction, again relative to 1990, by 2020. 3. Under the EU Directive on Renewable Energy, 2009/28/EC, there is a requirement for 20% of total energy consumption within the EU member states to be met by renewable by 2020. The target set for the UK is 15%. 2.2.2 United Kingdom 4. Through the Kyoto Protocol, the UK had a legally binding target to reduce emissions of greenhouse gases by 12.5% below 1990 levels in the period 2008-2012. That target was exceeded. 5. The UK’s fourth carbon budget was legislated in June 2011. It covers the period 2023-27, and commits the UK to reduce greenhouse gas emissions by 32% in 2025 on 2012 levels (50% on 1990 levels). The budget is intended to maintain a cost-effective path to meeting the 2050 target in the Climate Change Act (i.e. to reduce emissions by at least 80% relative to 1990). 6. The UK Renewable Energy Strategy seeks to guide the UK towards achieving the target. It highlights that in order to meet the overall 15% target set by the EU for the UK, 30% of electricity should be generated from renewable sources. It states that much if this will come from wind but wave and tidal will also play an increasing and important role as the technology develops. A commitment to develop a Marine Energy Action Plan to help accelerate the sector has now been met which sets out key recommendations to make the mainstream deployment of wave and tidal technologies a reality before 2020. 2.2.3 Scotland 7. Scotland has ambition and commitment to do more than the rest of the UK in greenhouse gas reduction and renewable penetration. 8. The Climate Change (Scotland) Act 2009 set a statutory framework for