1. Marine Licensing Signposts Roger May Marine Scotland, Marine Laboratory, Aberdeen

2. Today’s presentation- Signposts Decommissioning MCA SAR New SPA and SAC

3. Decommissioning Issue decommissioning of renewables is not covered fully by current legislation Decommissioning of offshore renewable energy installations under the Energy Act 2004 The key decommissioning provisions in the Energy Act 2004 (Sections 105 to 114) are explained in Annex B. Broadly speaking, the Secretary of State may require a person who is responsible for an offshore renewable energy installation to prepare a costed decommissioning programme and ensure that it is (eventually) carried out. The Secretary of State can approve, modify or reject a programme, including any financial security provisions which the responsible person proposes to provide. The Secretary of State is required to review the programme from time to time. used (or will be used or have been used) for purposes connected with the production of energy from water or winds; and b) permanently rest on, or are permanently attached to, the bed of the waters; and c) are not connected with dry land by a permanent structure providing access at all times for all purposes.

4. Decommissioning Scotland Projects outside definition:- Limpet Siadar EMEC nursery sites? Samsung- Methil SOLWAY Tidal Lagoon hence need to change legislation

5. What LOT is working on Licences issued have been for deposit and maintenance of structures. Conditions require final removal but do not consent it. Therefore need another licence to remove. Licenced removal of Open Hydro Working on Draft Marine Licence of Limpet Draft Marine Licence for removal APL Oyster at EMEC Draft Voith at EMEC Robin Rigg remove two turbines and construct 2 new. Operation and maintenance or decommissioning?) Issues legacy- reassign partial assets to EMEC with responsibility for decommissioning maintained. Assets remaining are defined in the removal licence and the licence can then be transferred.

6. MSLOT Working with DECC and TCE to ensure works are appropriately bonded. Working at EMEC to include assessment of decommissioning in the marine licence for deposit through joint consultation at the licensing stage. This will allow us to include a better link to decommissioning in our licences

7. MAC Search and Rescue Issue SAR assessments had not taken place during the application process. Issue with windfarms Oct 2014 Letter to industry including wave and tide Jan 2015

8. Issues to Note Layouts need to be informed to MCA SAR very early in the process – before Geo Tech survey decisions. MCA noting increasing SAR risks and cumulative effects. MCA taking a more strategic view of wind farms as SAR problem. Adjacent wind farms need more careful analysis and may require aligned layouts.

9. Issues to Note Spacing between turbines for SAR helicopters. Helicopter Airspace gap between adjacent wind farms. Other mitigation requirements may be needed (AIS, radar, VHF DSC and Voice radio, real time weather).

12. Considerations Common alignment Safe distance Track spacing High density boundary

13. Consent Methodology Complex and involves a number of government departments with a variety of perspectives Historically emphasis has been on position and plan view of development Positioning of individual structures just as important In future MCA needs be consulted much earlier and before any investment on geotech work

14. Way ahead Working with developers on a case-by-case basis. MCA open to compromise as understanding develops MCA needs to be engaged much earlier in consent process – discussions with DECC ongoing MCA guidance material (MGN 371 etc.) to be revised Bristow developing simulator model for training/assessment Helicopter doctrine and procedures to be developed

15. MS LOT - SAR Consented projects have provided layouts for assessment to MCA With new projects can an assessment take place during consent? Yes if fixed Design and Layout –Hywind. No for most projects with design not complete – requires consent condition that the assessment must be done and approved by MCA post consent (added risk).

16. New SPAs and SACs How and when is it appropriate to take new SPA and SAC into account Rochdale envelope + Rochdale envelope + Rochdale Envelope Individual development Other Developments management objectives New SAC SPA Assessment =

17. New proposed SPAs Timing Consultation end July 2015 Designation likely end 2015

18. New Proposed SAC for Harbour Porpoise Consented developments have other drivers (CfD) which require closure on identified risks

19. Marine Scotland For new protected areas our policy is to look at protected areas once they have reached the proposed stage (at the point of consultation) For projects already consented we are looking at carrying out shadow appropriate assessments and have been discussing with SNCB to review these.

20. Conclusions Marine Scotland is working with DECC and TCE to ensure suitable safeguards in place to ensure renewable developments are decommissioned at end of life. Marine Scotland is working with developers and MCA to resolve issues of SAR assessment on consented projects and to include in assessment in new projects. Marine Scotland is working to address immediate concerns on new SPA/SAC of consented projects with respect to shadow assessments and is ensuring that new projects will take into account.

21. end Contacts:- Marine Scotland – Licensing Operations Team Marine Laboratory 375 Victoria Road Aberdeen AB11 9DB Direct Line +44 (0)1224 285579 Fax +44 (0) 1224295524 ms.marinelicensing@scotland.gsi.gov.uk Web http://www.scotland.gov.uk/Topics/marine/Licensing/marine/Applications