Public consultation on the application for decommissioning of certain facilities within the Kinsale Area gas fields

On 16 December 2022 the Minister has approved an addendum to the Plan of Development for Kinsale gas fields and Seven Heads gas field, in accordance with Sections 13 and 13A of the Petroleum and Other Minerals Development Act 1960, as amended.

In addition, pursuant to Section 5(2) of the Continental Shelf Act 1968, as amended, consent has been granted to alter certain facilities in the area designated, pursuant to Article 2 of the Continental Shelf (Designated Areas) Order 1993, as amended, in relation to both applications.

An Environmental Impact Assessment Report (EIAR) determinations as well as an Appropriate Assessment (AA) Screening determinations for both Kinsale gas fields and Seven Heads gas field were made and details of same including documents are available below in Section 3 – Update 28 July 2022.

The determination documents including the conditions attached to the consent can be viewed in detail following the links below:

• Decision documentation on Kinsale Gas Field Application
• Decision documentation on Seven Heads Gas Field Application

Judicial Review

Please note that the validity of the decisions 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 this decision. Practical information on the review mechanism can be obtained from the Citizens Information Board, Ground Floor, George's Quay House, 43 Townsend Street, Dublin 2, or online at the Citizens Information Board websiteor [external-link www.courts.ie | the Courts Service of Ireland website.

Kinsale Gas and Ballycotton Gas Fields

Environmental Impact Assessment Report (EIAR) Determination

On 25 July 2022, an Environment Impact Assessment Report (EIAR) determination was made in accordance with the requirements set out in Directive 2011/92/EU, as amended by Directive 2014/52/EU (EIA Directive) in respect of applications made to the Minister within an existing petroleum lease for permission to carry out works on an existing gas pipeline that was the subject of a consent to operate.

In summary, the conclusion has been reached, that the application by PSE to carry out the decommissioning of certain facilities in the Kinsale Head and Ballycotton gas fields, located within the Kinsale Head Petroleum Lease area in offshore petroleum licensing Blocks 48/20, 48/25, 49/16 and 49/21 is not likely to have a significant effect on the environment subject to the implementation of the mitigation measures included in the EIAR review being included as conditions in any consent that may be granted in respect of the application.

Further, PSE must seek approval from the Department prior to commencement of the proposed activities for the vessel(s) to be used in the decommissioning activities. Confirmation will be required that the survey equipment and methodology are equivalent to that described in the PSE documentation and that the description of the development used to inform the EIAR is still valid. Accordingly, this decision is further contingent on this requirement also being included as a condition of any consent granted in respect of this application.

The EIAR Determination and the relevant documents are available below.

AA Screening Determination and Annex IV Assessment: Stage 2 Appropriate Assessment Not Required

On 27 July 2022, the Department made a determination, 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 not required in respect of the proposed Kinsale Head decommissioning activities, as it can be excluded on the basis of objective scientific information that proposed decommissioning activities, individually or in combination with other plans or projects, will have a significant effect on a European Site. No likely significant effects on European sites have been identified, having regard to the potential connectivity with sites, relevant conservation objectives and the potential for in combination effects and will not cause significant disturbance to Annex IV species described.

The AA Screening Determination has been published on the website of the Department of the Environment, Climate and Communications, in accordance with Regulation 42(18) of the European Communities (Birds and Natural Habitats) Regulations 2011 – 21 (S.I. 477 of 2011) and a newspaper notice has been published in relation to the making of the Determination.

Next Steps

The application has now been returned to the Geoscience Regulations Office (GSRO) in the Department who will make a recommendation to the Minister regarding whether consent should be given for the activities applied for.

Inspection of Determination

The application and relevant documents may be also inspected free of charge or purchased on payment of a specified charges (not exceeding the reasonable cost of making a copy) by arrangement by emailing EAU@decc.gov.ie

Judicial Review

Please note that the validity of the AA Determination / Annex IV Species Assessment and the EIAR Review 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, Georges Quay House, 43 Townsend Street, Dublin 2 or online from the Courts Service of Ireland website.

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

Seven Heads Gas Fields

Environmental Impact Assessment Report (EIAR) Determination

On 22 July 2022, an Environment Impact Assessment Report (EIAR) determination was made in accordance with the requirements set out in Directive 2011/92/EU, as amended by Directive 2014/52/EU (EIA Directive) in respect of applications made to the Minister within an existing petroleum lease for permission to carry out works on an existing gas pipeline that was the subject of a consent to operate.

In summary, the conclusion has been reached, that the application by PSE Seven Head Limited (hereafter referred to as PSE7) to carry out the decommissioning of certain facilities in the Seven Heads gas fields, located within the Seven Heads lease area within the Kinsale Petroleum Lease area in Offshore Petroleum Licensing Blocks 48/23 and 48/24 is not likely to have a significant effect on the environment subject to the implementation of the mitigation measures included in the EIAR review determination being included as conditions in any consent that may be granted in respect of the application.

Further, PSE7 must seek approval from the Department prior to commencement of the proposed activities for the vessels to be used in the decommissioning activities. Confirmation will be required that the survey equipment and methodology are equivalent to that described in the PSE7 documentation and that the description of the development used to inform the EIAR is still valid. Accordingly, this decision is further contingent on this requirement also being included as a condition of any consent granted in respect of this application.

The EIAR Determination and the relevant documents are available below.

AA Screening Determination and Annex IV Assessment: Stage 2 Appropriate Assessment Not Required

On 26 July 2022, the Department made a determination, 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 not required in respect of the proposed Seven Heads decommissioning activities , as it can be excluded on the basis of objective scientific information that the proposed decommissioning activities , individually or in combination with other plans or projects, will have a significant effect on a European Site. No likely significant effects on European sites have been identified, having regard to the potential connectivity with sites, relevant conservation objectives and the potential for in combination effects and will not cause significant disturbance to Annex IV species described.

The AA Screening Determination has been published on the website of the Department of the Environment, Climate and Communications, in accordance with Regulation 42(18) of the European Communities (Birds and Natural Habitats) Regulations 2011 – 21 (S.I. 477 of 2011) and a newspaper notice has been published in relation to the making of the Determination.

Next Steps

The application has now been returned to the Geoscience Regulations Office (GSRO) in the Department who will make a recommendation to the Minister regarding whether consent should be given for the activities applied for.

Inspection of Determination

The application and relevant documents may be also inspected free of charge or purchased on payment of a specified charges (not exceeding the reasonable cost of making a copy) by arrangement by emailing EAU@decc.gov.ie

Judicial Review

Please note that the validity of the AA Determination / Annex IV Species Assessment and the EIAR Review 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, Georges Quay House, 43 Townsend Street, Dublin 2 or online from the Courts Service of Ireland website.

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.

EIAR Review: Further Information Received

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 gov.ie on 26 April 2022.

The public are invited to make submissions in relation to the additional information until 10 May 2022, which will be taken into account in carrying out an EIA screening assessment of the application. Submissions should be sent to EAU@decc.gov.ie

AA Screening: Further Information Received

Further to the Department's request, the Applicant has provided additional information so that an AA Screening Assessment can be carried out. This additional information has been published on gov.ie on 26 April 2022.

The public are invited to make submissions in relation to the additional information until 10 May 2022, which will be taken into account in carrying out an AA screening assessment of the application. Submissions should be sent to EAU@decc.gov.ie

The Minister has received further information from PSE Kinsale Energy in relation to the previous application received on14 October 2021, which was open for public consultation from 14 October 2021 to 17 November 2021.

This further information relates to planned offshore survey activities associated with this application for both Kinsale Head gas fields and Seven Heads gas field.

It is accompanied by an Environmental Impact Assessment Report (EIAR), addenda to the EIAR and an Appropriate Assessment (AA) Screening Report and addenda to the AA Screening Report. These documents have been prepared to assess the environmental impacts of the entirety of the proposed decommissioning of the Kinsale Area gas fields and facilities including the decommissioning of the Inch onshore gas terminal, as well as the proposed survey activities.

The public are invited to make submissions in relation to this application from 31 January 2022 to GSRO@decc.gov.ie or in writing to Geoscience Regulation Office, Department of the Environment, Climate and Communications, 29-31 Adelaide Road, Dublin, D02 X285, Ireland.

Submissions for this consultation process will be accepted up until close of business 7 March 2022

A decision on the application, once made, will be posted on this webpage and will be posted in a national newspaper.

We would like to draw your attention to the Data Protection notice at the bottom of this page.

Further Consultation Documents

The Minister has received an application from PSE Kinsale Energy for the decommissioning of certain facilities of the Kinsale Head, including Southwest Kinsale, and Ballycotton gas fields (‘Kinsale Head gas fields’) and an application from PSE Seven Heads Limited for the decommissioning of certain facilities of the Seven Heads gas field. The Kinsale Head gas fields and facilities form part of the greater Kinsale Area gas fields and facilities. The Kinsale Area gas fields and facilities are made up of (1) the Kinsale Head gas fields and facilities and (2) the Seven Heads gas field and facilities. Together, the decommissioning of the entirety of the Kinsale Area gas fields and facilities is collectively referred to as the Kinsale Area Decommissioning Project (KADP).

The application in relation to the Kinsale Head gas fields covers the following activities:

• The leaving in-situ of all infield pipelines and umbilicals associated with the Kinsale Head gas fields
• The leaving in-situ of the 24” export pipeline (offshore and onshore section) and the filling of the onshore section with grout
• The use of engineering materials (Rock Placement) to protect the pipelines and umbilicals in situ.

With regards to the Seven Heads gas field the application covers the following activities:

• The leaving in-situ all infield pipelines and umbilicals associated with the Seven Heads gas field
• The use of engineering materials (Rock Placement) to protect the pipelines and umbilicals in situ

Previous applications were submitted to and approved by the then Minister for Communications, Climate Action and Environment (DCCAE). Ministerial consent was granted to an application for the plugging and abandonment of wells, removal of the two topsides structures and the removal of subsea facilities on 26 April 2019 and Ministerial consent was granted to an application for the removal of the platform jacket structures on 26 February 2020.

Details of the current applications are contained in the decommissioning plans below. Consent is being sought for approval of an addendum to the Plan of Development for the respective gas fields, in accordance with Sections 13 and 13A of the Petroleum and Other Minerals Development Act 1960, as amended.

In addition, pursuant to Section 5(2) of the Continental Shelf Act 1968, as amended, consent is being sought to alter certain facilities in the area designated, pursuant to Article 2 of the Continental Shelf (Designated Areas) Order 1993, as amended, for both applications.

The above applications are accompanied by an EIAR, EIAR Addenda, an AA Screening Report, and the AA Screening Report Addenda. These documents have been prepared to assess the environmental impacts of the entirety of the KADP, including the decommissioning of the Inch onshore gas terminal.

The public are invited to make submissions in relation to this application from 14 October 2021 to GSRO@decc.gov.ie or in writing to: Geoscience Regulation Office, Department of the Environment, Climate and Communications, 29-31 Adelaide Road, Dublin, D02 X285, Ireland.

Submissions for this consultation process will be accepted up until close of business on the 17 November 2021.

A decision on the application, once made, will be posted on this webpage and will be posted in a national newspaper.

The Geoscience Regulation Office (GSRO) received five submissions during the original consultation period 14 October 2021 – 17 November 2021:

We are committed to engaging with stakeholders in a clear, open and transparent manner. Any person or organisation can make a submission in relation to this consultation. All submissions and feedback will be considered before the final decision is made.

Please note that responses to this consultation are subject to the provisions of the Freedom of Information Act 2014 (FOI), Access to Information on the Environment Regulations 2007-2018 (AIE) and the Data Protection Act 2018.

Please also note that we intend to publish the contents of all submissions received to our consultations on our website. We will redact personal data prior to publication. In responding to this consultation, parties should clearly indicate where their responses contain personal information, commercially sensitive information or confidential information which they would not wish to be released under FOI, AIE or otherwise published.

We would like to draw your attention to our Data Privacy Notice which explains how and when we collect personal data, why we do so and how we treat this information. It also explains your rights in relation to the collection of personal information and how you can exercise those rights.

Decision on application for decommissioning of certain facilities within the Kinsale Area gas fields

• Decision documentation on Kinsale Gas Field Application
• Decision documentation on Seven Heads Gas Field Application