Ireland moves a step closer to energy independence

• Minister Ryan invites applications from the first batch of offshore wind projects for Maritime Area Consents

The Minister for the Environment, Climate and Communications, Eamon Ryan TD, today announced the commencement of the Maritime Area Consent (MAC) Regime. The new regime enables the Minister, on an interim basis, to issue Maritime Area Consents (MACs) to renewable energy developers who meet the relevant assessment criteria. Developers must have a Maritime Area Consent to make an application for permission, to include environmental assessments, to An Bord Pleanála.

The Minister will assess MAC applicants in key areas, including financial and technical competency. This assessment of potential offshore developers will ensure that only the most viable offshore projects will have the opportunity to apply for permission from An Bord Pleanála, thus streamlining the process. The first MACs are expected to be issued in the second half of 2022.

Ireland’s maritime area is seven times the size of its landmass. That, along with our ideal wind conditions, and our location at the edge of the Atlantic Ocean, makes the potential for offshore wind energy enormous. Ireland can become one of the leading producers of wind energy in Europe.

Speaking at the opening of the MAC application process today, Minister Ryan said:

The MAC regime is provided for under the recently-enacted Maritime Area Planning (MAP) Act 2021. The legislation provides for the establishment of the Maritime Area Regulatory Authority (MARA) – a dedicated maritime area agency which is a priority for the Government. Work on the establishment of MARA is being led by the Department of Housing, Local Government and Heritage and will be in place by Q1 2023, as set out in the Climate Action Plan. In the interim, the legislation provides the Minister for the Environment, Climate and Communications with the powers to assess the first batch of Maritime Area Consent (MAC) applications from a set of seven qualified Offshore Renewable Energy (ORE) projects, known as "relevant projects":

• Oriel Wind Park
• RWE (previously Innogy Renewables), (2 projects – Bray and Kish Banks)
• Codling Wind Park (2 projects – Codling I and Codling II)
• Fuinneamh Sceirde Teoranta (Skerd Rocks)
• North Irish Sea Array Ltd (North Irish Sea Array)

The provision in the legislation to allow the Minister to assess applications for a MAC ensures immediate progress can be made to harness the vast resources we have, while MARA is being established. Following the initial batch of MACs, responsibility will be handed over to MARA from early 2023. MARA will assume responsibility for any MACs granted by the Minister for the Environment, Climate and Communications and the journey of those projects through the consenting and planning process will not be affected.

The design and operation of the MAC assessment regime is being developed in close collaboration with the Department of Housing, Local Government and Heritage to enable a seamless transfer of procedures and expertise to the new Agency upon establishment and continuity in the management of any consents awarded.

ENDS

Developing Offshore Renewable Energy

The Maritime Area Planning (MAP) Act is the most significant legislative reform of maritime governance since the foundation of the State. It seeks to establish a coherent and comprehensive marine planning system to manage development and other activities in Ireland's seas, which are one of the largest maritime areas in the EU and seven times larger than our land mass, covering an area of almost 500,000 km2.

The Maritime Area Regulatory Authority (MARA) will be a well-resourced, independent agency that will carry out certain consenting functions. Work, led by the Department of Housing, Local Government and Heritage, is ongoing to determine appropriate structures, staffing levels and skills requirements for MARA.

Applications for a Maritime Area Consent (MAC) will be assessed in accordance with S.79 of the Maritime Area Planning (MAP) Act. The award of MACs (to suitably qualified developers) will enable the first Offshore Renewable Energy Support Scheme (ORESS) to open in Q4 2022. "Relevant Projects" are offshore wind projects that met defined criteria as set out under S.100 of the Maritime Area Planning (MAP) Act.

A second batch of projects will be required to enable us meet our 2030 target of 5GW of offshore wind energy. The Department of the Environment, Climate and Communications has just completed public consultation process on potential transparent and objective criteria to be used for Phase Two of offshore wind deployment. The responses from this consultation are currently being assessed. It is expected that these projects will begin to progress through the new consenting system in early 2023, upon establishment of the Maritime Area Regulatory Authority (MARA).

National Marine Planning Framework (NMPF)

The National Marine Planning Framework (NMPF) is Ireland's first marine spatial plan, with development led by the Minister for Housing, Local Government and Heritage. It brings together all marine-based human activities for the first time, outlining the Government’s vision, objectives and marine planning policies for each marine activity. The NMPF applies to all decision makers and State actors in the maritime area. It places ocean health, the protection of our marine ecosystem and co-existence between multiple marine activities at the heart of all decision making, planning and policy making.

Protecting marine biodiversity

The need to protect marine biodiversity while also enabling our climate targets to be met is acknowledged and supported. The Maritime Area Planning (MAP) Act 2021 provides for consideration of legally protected marine sites including marine Special Protection Areas and Special Areas of Conservation and Marine Protected Areas (MPAs), once designated.

The Department of Housing, Local Government and Heritage is developing legislation to enable the identification, designation and management of Marine Protected Areas (MPAs), which is necessary to expand Ireland’s network of protected sites in the sea. These actions are set out under the Climate Action Plan 2021.

Individual offshore renewable projects are required to comply with all relevant applicable provisions of European and national environmental law including EIA requirements under the EIA Directive and the Planning and Development Act 2000 (as amended) (the 2000 Act) and AA requirements under the Habitats Directive and the 2000 Act. Any data or information will be considered as part of the development permission application to An Bord Pleanála.

Public Consultation

The Maritime Area Planning (MAP) Act provides a modern, efficient and Aarhus-compliant regulatory and marine planning framework for Offshore Renewable Energy (ORE) development. The Act provides that public participation is an absolute priority in planning and policy-making and in the assessment of all development proposals. The Maritime Area Consent (MAC) procedures laid out in it are Aarhus-compliant in the context of the overall sequence of consents envisaged by the new regime. The MAC does not require or obtain the environmental information or environmental parameters that are necessary to enable public participation for environmental purposes. The State is fulfilling its obligations under the Aarhus Convention by providing for full public participation in planning applications and decisions in respect of planning applications in the maritime area.

Stakeholder Engagement

A 1,000 word statement will be required from Relevant Projects as part of their MAC application. The statement must describe any considerations given to other stakeholders or maritime users, and outline the nature, duration and frequency of stakeholder engagement proposed.

The Minister for Housing, Local Government and Heritage has recently invited applications from suitably qualified candidates for consideration for appointment to the role of Chairperson to the Seafood-Offshore Renewable Energy (ORE) working group. The intent is to establish a working group within the context of the National Marine Planning Framework (NMPF) to facilitate discussion on matters arising from the interaction of the seafood, including aquaculture and fisheries sectors, and offshore renewable energy industries, to promote and share best practice, and to encourage liaison with other sectors in the marine environment. Protocols developed as part of this work may be considered as part of the MAC assessment regime in future.

The Role of Ports

The significant role for ports, and need for associated infrastructure development, in Irish Offshore Renewable Energy (ORE) development is recognised. A multiple of ports will be required to provide facilities for the different activities at several locations around the country and at different times for the various phases of the fixed and floating ORE developments. The Minister for Transport has recently decided that a multi-port approach will be required to address the needs of the ORE industry. This has been confirmed in the publication of a Ports ORE Policy Statement in December 2021. This approach will help maximise the economic benefits at regional level, as well as national level, in terms of the creation of jobs and new SME enterprise that will support the development of the ORE industry such as engineering, fabrication, transport and logistics, and other technologies.