An application to conduct a seismic survey and a geophysical and environmental site survey proposed by CNOOC Petroleum Europe Limited

Application for consent to conduct a seismic survey and a geophysical and environmental site survey proposed by CNOOC Petroleum Europe Limited who currently hold Licensing Option LO 16/23 and PPL7/16.

An application for consent for a seismic survey and a geophysical and environmental site survey was received by the Petroleum Affairs Division of the Department of Communications, Climate Action and Environment on 10 May 2019. The survey application was received from CNOOC Petroleum Europe Limited within licensing option LO 16/23, granted by the Minister for Communications, Climate Action and Environment pursuant to Section 8 of the Petroleum Act 1960.

This application was posted on the department's website on 29 May 2019 and the public are invited to make submissions in relation to this application up to the close of business on 30 June 2019.

Submissions can be sent to PADadmin@dccae.gov.ie

Update 2 August, 2019

EIA Screening Assessment: Further Information Requested from Applicant

Having regard to, inter alia, the requirements of the EIA Directive (Directive 2011/92/EU, as amended), in particular Article 4 thereof, and the observations received further to public consultation on the application submitted by CNOOC Petroleum Europe Limited ("CNOOC"), it is considered that further information is required from the applicant to enable an EIA screening assessment be carried out on the CNOOC application.

On 2 August, the further information considered necessary to enable an EIA screening assessment and determination be made in respect of the CNOOC application was sought from the applicant.

When received, the additional information will be published on the Department website and further submissions invited to be made on the additional material during a supplemental consultation period of 14 days. Any submissions received will be taken into account in carrying out an EIA Screening Assessment in respect of this application.

Update 23 August 2019

AA Screening Assessment: Further Information Requested from Applicant

Further to Regulation 42(3) of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. 477 of 2011) as amended (Birds and Habitats Regulations), CNOOC Petroleum Europe Limited ("CNOOC") have been directed to provide further information to enable screening for Appropriate Assessment be carried out on the application.

On 23 August, 2019, the applicant was written to seeking the further information considered necessary to enable an AA screening assessment and determination be made in respect of the CNOOC application.

Any additional information, once received from the applicant, will be published on this Department website. A further public consultation in respect of the additional information will occur and will be for a period of 14 days. Information on this public consultation will be published on the Department website. Any submissions received will be taken into account in any final AA Screening Determination made in respect of this application.

Update 7 November, 2019

EIA Screening Assessment

Further to the Department request, the Applicant has provided additional information so that an EIA Screening Assessment can be carried out. This additional information has been published on the department's website on 7 November, 2019.

The public are invited to make submissions in relation to the additional information until 22 November, 2019, which will be taken into account in carrying out an EIA screening assessment of the application. Submissions should be sent to EAU@dccae.gov.ie

AA Screening Assessment

Further to the Department request, the Applicant has provided additional information so that an AA Screening Assessment can be carried out. This additional information has been published on the department's website on 7 November, 2019.

The public are invited to make submissions in relation to the additional information until 22 November, 2019, which will be taken into account in carrying out an EIA screening assessment of the application. Submissions should be sent to EAU@dccae.gov.ie

Update 17 December 2019

EIA Screening Determination

On 16th December , 2019 an Environmental Impact Assessment (EIA) Screening determination was made in accordance with Directive 2011/92/EU, as amended by Directive 2014/52/EU and the European Union (Environmental Impact Assessment) (Petroleum Exploration) Regulations 2013 (S.I. 134 of 2013, as amended) that the CNOOC 'Edge Survey' is not likely to have significant effects on the environment and, consequently, an Environmental Impact Assessment is not required, subject to the implementation of the mitigation measures included in the EIA Screening Determination, which must be included in any consent granted in respect of the application.

Further, that any consent granted in respect of this application must further require that the applicant obtain prior approval from DCCAE for the survey vessel proposed, in which case confirmation will be required that the survey equipment and methodology on any vessel are equivalent to that described in the RPS EIA Screening Reports submitted by CNOOC.

Judicial Review

The validity of the EIA Screening Determination may be questioned by Judicial Review under Order 84 of the Rules of the Superior Courts (S.I. No.15 of 1986), as amended. Any application for leave to apply for judicial review must be made promptly and in any event within three months from the date of the Determination. Practical information on Judicial Review can be obtained from the Citizens Information Board, Ground Floor, George's Quay House, 43 Townsend Street, Dublin 2 (www.citizensinformation.ie) or from the Courts Website (www.courts.ie).

Appropriate Assessment Screening Determination

On 16th December, a determination was made, following screening under Regulation 42 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. 477 of 2011), as amended, that a Stage 2 Appropriate Assessment is required in respect of the CNOOC Edge Survey, as it cannot be excluded on the basis of objective scientific information that the proposed site survey, individually or in combination with other plans or projects, will have a significant effect on a European Site.

The application will now proceed to Stage 2 Appropriate Assessment, which process will commence with an extended 30 day consultation to take into account the Christmas period on the application documents for the purposes of that assessment. Submissions are invited until 16th January 2020 and should be sent to EAU@DCCAE.GOV.IE

Judicial Review

The validity of the AA Screening Determination may be questioned by Judicial Review under Order 84 of the Rules of the Superior Courts (S.I. No.15 of 1986), as amended. Any application for leave to apply for judicial review must be made promptly and in any event within three months from the date of the Determination. Practical information on Judicial Review can be obtained from the Citizens Information Board, Ground Floor, George's Quay House, 43 Townsend Street, Dublin 2 (www.citizensinformation.ie) or from the Courts Website (www.courts.ie).

Update 18 March 2020

EIA Screening Assessment Recommencement of EIA Screening

An EIA Screening Determination was made on 16 December, 2019 in accordance with Directive 2011/92/EU, as amended by Directive 2014/52/EU and the European Union (Environmental Impact Assessment) (Petroleum Exploration) Regulations 2013 (S.I. 134 of 2013, as amended) in respect of the CNOOC 'Edge Survey'.

An error in process in the screening determination has been identified and as a consequence the Screening Determination is rescinded and an EIA Screening Process will be recommenced from 18 March, 2020.

The EIA Screening Process will now proceed on the basis of all the relevant documents and additional information that was received from the applicant. This information is now being made available for the purpose of public consultation again. Any submissions or observations previously made on this information will be included and considered in this Screening Process.

The relevant documents including the additional information that was received from the applicant are provided below and the public are invited to make submissions in relation to the EIA Screening Process up to close of business 17 April, 2020.

Submissions can be sent to EAU@dccae.gov.ie

Disclaimer: The above is intended for information purposes. It does not purport to be a legally binding interpretation of the relevant provisions on judicial review and it would be advisable for persons contemplating legal action to seek legal advice.

This application for consent to conduct a seismic survey and a geophysical and environmental site survey proposed by CNOOC Petroleum Europe Limited is now withdrawn.