Public consultation on application for consent to conduct end of operations seabed sampling surveys

Of the Kinsale Head (including South West Kinsale & Ballycotton) and Seven Heads Gasfields by PSE

Kinsale Energy Limited operator of the Kinsale Head Petroleum Lease (OPL 1) and the Seven Heads Petroleum Lease, through its subsidiary PSE Seven Heads Limited

An application for consent of a program of seabed sediment sampling in the Kinsale Head (including South West Kinsale & Ballycotton) and Seven Heads Gasfields locations was initially received by the Geoscience Regulation Office of the Department of the Environment, Climate and Communications on 9 November 2022 and following subsequent receipt of all required documentation it completed validation on 14 November 2022. The application has been received from PSE Kinsale Energy Limited, operator of the Kinsale Head Petroleum Lease (OPL 1) and the Seven Heads Petroleum Lease (through its subsidiary PSE Seven Heads Limited), granted by the Minister for the Environment, Climate and Communications pursuant to Section 13 of the Petroleum and Other Minerals Development Act 1960. The surveys are required to confirm seabed status on various sites following completion of decommissioning activities.

The public are invited to make submissions in relation to this application.

Submissions can be sent to GSRO@decc.gov.ie

This application was posted on the website on 15 November 2022 and any submission received by close of business on 4 January 2023 will be considered by the Minister. The public consultation period has been extended to allow for the Christmas period.

Environmental Impact Screening Assessment (EIA Screening) Determination

On 10 February 2023, an Environment Impact Assessment Screening (EIA Screening) 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 to undertake a programme of seabed sediment sampling in 2023 in the Kinsale Head (including South West Kinsale and Ballycotton) and Seven Heads Gasfields.

In summary, the conclusion has been reached, that the application by PSE Kinsale Energy Limited (hereafter referred to as PSE) submitted to the Minister for the Environment, Climate and Communications seeking Ministerial approval to undertake a programme of seabed sediment sampling in 2023 in the Kinsale Head (including South West Kinsale and Ballycotton) and Seven Heads Gasfields is not likely to have a significant effect on the environment subject to the implementation of 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, PSE must seek approval from the Department prior to commencement of the proposed activities for the vessel(s) to be used in the seabed sampling 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 EIA Screening determination 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 EIA Screening Determination and the relevant documents are available below.

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

Please be advised that on 14 February 2023, I 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 Appropriate Assessment is not required in respect of the proposed Seabed Survey activities, as it can be excluded on the basis of objective scientific information that the proposed seabed sampling 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 as amended) 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 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, 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: Further Information Received

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 6 January 2023.

The public are invited to make submissions in relation to the additional information until 20 January 2023, 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

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.

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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 (names, addresses, email addresses, telephone numbers) 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

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• Application Decision
• Decision Documentation