Public consultation on application for consent to conduct an offshore pipeline and subsea structure inspection to include repair and maintenance work as necessary and near shore pipeline inspection of the Corrib Offshore Pipeline and Umbilical system...

An application for consent for offshore pipeline and subsea structure inspections to include repair and maintenance work as necessary and near shore pipeline inspection of the Corrib Offshore Pipeline and Umbilical system from the landfall valve site in Glengad, Co. Mayo to the Corrib Wells was received by the Geoscience Regulation Office of the Department of the Environment, Climate and Communications on 01 September 2023. The application has been received from Vermilion Exploration and Production Ireland Limited (VEPIL), who operate the Corrib Petroleum Lease, granted by the Minister for the Environment, Climate and Communications pursuant to Section 13 of the Petroleum and Other Minerals Development Act 1960.

The public are invited to make submissions in relation to this application. Submissions can be sent to GSRO@decc.gov.ie. By responding to the consultation, respondents consent to their name being published online with the submission. The Department will redact personal addresses and personal email addresses prior to publication. We would draw your attention to the Department's Data Privacy Statement and Data Privacy Notice.

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.

The Department accepts petitions from the public. However, where petitions are submitted, each Petition Organiser should be aware that details provided by petition signatories when signing the petition (e.g. names, addresses, email addresses, telephone numbers etc) is categorised as ‘personal data’ which is subject to GDPR (EU Regulation 2016/679 ‘General Data Protection Regulation 2018’). Petition Organisers are Data Controller in respect of any personal data provided by petition signatories. Accordingly, where petitions are submitted you are required to confirm in your submission that:

all individuals whose personal data is provided in the Petition have consented to the processing of their personal data by the Petition Holder and the Department (as outlined in our Privacy Statement above),

OR

that you otherwise have a legal basis (please specify) for providing such personal data to the Department for the purposes of participation in this consultation.

This application was posted on the website on 5 September 2023 and any submission received by close of business on 5 October 2023 will be considered by the Minister.

The following documents have been received:

Appropriate Assessment Determination

On 29 February 2024 an Appropriate Assessment determination was made under Regulation 42 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. 477 of 2011) (as amended), that the proposed geophysical and visual survey programme (as described in the Vermillion Application), either individually or in combination with any other plans or projects, will not adversely affect the integrity of any European site in view of the sites’ conservation objectives, subject to the implementation of the mitigation measures adopted in the Determination, which must be included as conditions in any consent that may be granted in respect of the application.

Further, the Appropriate Assessment Determination recommends that because the duration for which offshore surveys are typically valid up to, is five years, and taking into account that any consent that may be granted would rely on the current Appropriate Assessment, that any such consent does not extend beyond a period of five years beginning on 1 January 2024 and ending on 1 January 2029, with a provision that the applicant must adequately undertake the annual inspections/survey campaign as planned, and that depending on the results of these annual inspection/survey campaigns, the survey design may need to be modified (for example, in order to adjust for any potential under-sampling), and that this should be reviewed on an annual basis.

The Determination also recommends in relation to any consent that may be granted in respect of this Vermillion application, that the Department receives a copy of the annual inspection report in respect of each year that any consent is valid for, in the year following the carrying out of each such inspection/survey campaign. The Determination further recommends, that should the survey design referred to in the preceding paragraph need to be modified, the Department be notified immediately, in writing, of any such modifications which are proposed to be made to the survey design, which will then require Departmental approval prior to the applicant’s mobilisation for the subsequent survey campaign period.

Vermillion must seek vessel approval from the Department prior to commencement of the proposed activities and this must also be included as a condition to any consent that may be granted in respect of this application.

The AA Determination and the relevant documents are available below.

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 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 or from the Courts 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.

AA Screening Determination and Annex IV Assessment: Stage 2 Appropriate Assessment Required

On 9 January 2024 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 geophysical and visual survey programmes, the subject of the Vermillion application, as it cannot be excluded on the basis of objective scientific information that the proposed survey programme, individually or in combination with other plans or projects, will have a significant effect on a European Site.

Next Steps

The application is now subject to a 30 day statutory public consultation for the purposes of conducting a Stage 2 Appropriate Assessment of the application which will be completed following the conclusion of the public consultation.

Inspection of Determinations

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

Judicial Review

Please note that the validity the EIA Screening Determination and/or 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 or from the Courts 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.

EIA Screening Determination

On 4 December 2023 an Environmental Impact Assessment (EIA) Screening determination was made in accordance with Directive 2011/92/EU, as amended by Directive 2014/52/EU (EIA Directive) that a multi-year geophysical, and visual survey programmes proposed in the Vermillion application is not likely to have significant effects on the environment and, consequently, an Environmental Impact Assessment is not required, subject to the mitigation measures included in the EIA Screening Determination being included as conditions in any consent that may be granted in respect of the application. Further, that the applicant must seek prior approval from DECC for the vessel(s) to be used, in which case confirmation of equivalence will be required and that the nature and extent of the proposed activities described in the EIA Screening Report have not materially changed.

Inspection of Determinations

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

Judicial Review

Please note that the validity the EIA Screening Determination and/or 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) or from the Courts 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.

Application Decision

Decision Documentation