This document forms part of consultation on an Offshore Renewable Energy Strategic Action Plan 2009-2020 For all documents on this consultation visit: http://www.jncc.gov.uk/page=5514 Strategic Environmental Assessment (SEA) of Offshore Wind and Marine Renewable Energy in Northern Ireland Environmental Report Volume 3: Appendices Department of Enterprise, Trade and Investment (DETI) December 2009 This document forms part of consultation on an Offshore Renewable Energy Strategic Action Plan 2009-2020 For all documents on this consultation visit: http://www.jncc.gov.uk/page=5514 AECOM & Metoc Strategic Environmental Assessment (SEA) of Offshore Wind and Marine Renewable Energy in Northern Ireland APPENDIX A-1 Appendix A: Relevant Obligations and Regulatory Instruments Topic Level Title Summary of Objectives Implications UN Kyoto Protocol Consider implications of the plan The United Nations Framework Alleviate the impacts of climate change and reduce in terms of impacts on International Convention on Climate Change (UNFCCC) global emissions of Green House Gases. greenhouse gas emissions and climate change. Kyoto Protocol 1997 Consider implications of the plan Second European Climate Change Develop the necessary elements of a strategy to in terms of impacts on EU Programme (ECCP ll) 2005. implement the Kyoto protocol. greenhouse gas emissions and Climate climate change. Consider requirements for UK Climate Change Act 2008 Address and adapting to climate change addressing climate change as part of the SEA Consider requirements for Sets out UK Government’s long term goal to reduce reducing carbon emissions as UK Energy Act 2008 carbon emissions by 60% by 2050 with significant part of the assessment of the plan progress being made by 2020 (SAP) Enable sustainable use of marine goods and services and to ensure the marine environment is safeguarded for the use of future generations. Establishes a comprehensive structure within which Consideration of the plan on The Marine Strategy Framework Directive Marine EU member States are required to develop and preventing good environmental (July 2008) implement cost effective measures, necessary to status being achieved. achieve or maintain “good environmental status” in the marine environment. Good Environmental Status must be achieved by 2020 at the latest. This document forms part of consultation on an Offshore Renewable Energy Strategic Action Plan 2009-2020 For all documents on this consultation visit: http://www.jncc.gov.uk/page=5514 AECOM & Metoc Strategic Environmental Assessment (SEA) of Offshore Wind and Marine Renewable Energy in Northern Ireland APPENDIX A-2 Topic Level Title Summary of Objectives Implications Need to consider transposition of Promote the sustainable management of marine this into NI in particular Marine UK The Marine and Coastal Access Bill 2008 activities and increased protection and conservation Planning and how this will relate of marine and coastal natural heritage to the SAP and will be influenced by findings from the SEA The MARPOL Convention International Convention for the Prevention of Considers impacts of the plan in Pollution from Ships, 1973, as modified by the Protection of the marine environment relation to protection of the Protocol of 1978 relating thereto (MARPOL marine environment. 73/78) The OPSAR Convention Ensures that marine activities are The Convention for the protection of the Protection of the marine environment Marine Environment to the North-East Atlantic appropriately controlled. (22 September 1992) UN Conference on the Human Environment, Sustainable development principles “ the Rio Encourages development in a Environment International Stockholm 1972 Principles” sustainable manner. The UN Conference on Environment and Promotes social and economic development in a way Encourages principals of Development (UNCED, Earth Summit) Rio de that will not be detrimental to environmental sustainable development are Janerio, Brazil 1992 protection included in the plan. The World Summit on Sustainable Adoption of the Johannesburg Plan of Development (WSSD), Johannesburg, Implements sustainable Implementation setting out steps in a quantifiable September 2002 – Commitments arising from development. time with targets and goals Johannesburg Summit Integrates environmental The UN Millennium Declaration (2000) and Goal seven is for Environmental Sustainability sustainability into development Millennium Development Goals policies and programmes. This document forms part of consultation on an Offshore Renewable Energy Strategic Action Plan 2009-2020 For all documents on this consultation visit: http://www.jncc.gov.uk/page=5514 AECOM & Metoc Strategic Environmental Assessment (SEA) of Offshore Wind and Marine Renewable Energy in Northern Ireland APPENDIX A-3 Topic Level Title Summary of Objectives Implications Facilitation of transparent and wider consultation for The Convention on EIA in Transboundary Consideration of cross boundary projects which will have or potentially have cross- Context 1991 (Espoo Convention) impacts. boundary effects Any activities which are subject to a licensing by the appropriate Protection and enhancement of the aquatic EU Water Framework Directive (2000/60/EC) authority within one nautical mile environment of the coast will be compliant with the requirements of the Directive Aims to conserve and enhance designated natural Environmentally Sensitive Areas beauty areas, to conserve flora and fauna and Ensures for the protection and geological and physiographical features of those Designation Order (Northern Ireland) 2005. consideration of the natural areas; and to protect buildings and other objects or environment. SR No. 276 of 2005 archaeological, architectural or historic interest in those areas. Sets out the need for an impact The Planning (Environmental Impact Set out the requirements for Environmental Impact assessment for the development Assessment) Regulations (Northern Ireland) Assessment. of marine renewable 1999. SR No. 73 of 1999 developments. Northern Ireland Allows the designation of National Parks, Areas of Ensures for the consideration and The Nature Conservation and Amenity lands Special Scientific Interest (ASSIs), Areas of protection of designated sites order 1985 Outstanding Natural Beauty (AONBs) and nature within Northern Ireland Reserves The Environment (Northern Ireland) Order Ensures for the protection of the Amends the ASSI section of the NCALCO 1985 2002, environment in Northern Ireland Ensures the protection and The Conservation (Natural Habitats) Implements the provisions of the Habitats Directive in consideration of habitats and Regulations 1995 Northern Ireland. species protected under the habitats directive. This document forms part of consultation on an Offshore Renewable Energy Strategic Action Plan 2009-2020 For all documents on this consultation visit: http://www.jncc.gov.uk/page=5514 AECOM & Metoc Strategic Environmental Assessment (SEA) of Offshore Wind and Marine Renewable Energy in Northern Ireland APPENDIX A-4 Topic Level Title Summary of Objectives Implications The report provides a Europe wide resource assessment of onshore and offshore wind potential in an geographically explicit manner. The results of the Europe’s onshore and offshore wind energy study found that the potential onshore wind resource Identify some of the main potential. An assessment of environmental is potentially constrained by environmental factors by constraints to the development of and economic constraints. EEA Technical 7%, whereas environmental considerations (e.g. offshore wind resources. Report/No6/2009. seascape, navigation, oil and gas, fishing and nature conservation) potentially constraint the available offshore wind energy resource by >90%. Considers the feasibility of Sets out the common rules for production, EU transfer and distribution of The Electricity Directive 1996 transmission and distribution of electricity in the electricity from marine European Union renewables Energy Sets indicative targets for renewables for each member state, and introduced a support scheme and The Directive on promotion of Electricity Encourages the development of binding technical standards aimed to encourage Sources from Renewable Sources 2001 renewable energy sources increased production of electricity from renewable sources. Encourages the promotion of electricity from Encourages the development of EU Renewables Directive (2001/77/EC) renewable energy sources. renewable energy sources Energy White Paper: Our Energy future -- Reiterates Government Policy that by 2010, 10% of Encourages the development of creating a low carbon economy 2003 electricity needs, should be from renewable sources. renewable energy sources Sets out DECC programme to develop up to 25 GW UK Potential cumulative effects with of energy from further rounds of offshore wind farm DECC Offshore Energy Plan NI offshore wind and marine leasing in the UK Renewable Energy Zone (REZ) renewable energy developments. and territorial waters of England and Wales by 2020 This document forms part of consultation on an Offshore Renewable Energy Strategic Action Plan 2009-2020 For all documents on this consultation visit: http://www.jncc.gov.uk/page=5514 AECOM & Metoc Strategic Environmental Assessment (SEA) of Offshore Wind and Marine Renewable Energy in Northern Ireland APPENDIX A-5 Topic Level Title Summary of Objectives Implications Control of the construction and Electricity ( Northern Ireland ) Order 1992 operation of offshore power over Article 39 1 MW