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Tidal Energy Development to commence in the Pentland Firth
Thursday, October 09, 2008
The Crown Estate’s announcement in September 2008 of the process and timetable for granting approval of tidal energy projects in the Pentland Firth signifies another step towards greater realisation of Scotland’s renewable energy resource. The announcement, combined with technological advances and the backing of the Scottish Government, means that companies such as ScottishPower are now evaluating sites off the coasts of Caithness, Sutherland and Orkney.
Should you have any queries on tidal energy development in the Pentland Firth or any other form of renewable energy development, please contact Martin Sales for an initial discussion and indication of whether fuller advice might be appropriate (msales@biggartbaillie.co.uk or 0131 226 5541).
In brief
The Crown Estate’s initial timetable is as follows:
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Developers’ expressions of interest must be registered with the Crown Estate between November and December 2008;
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Application packs will be issued by the Crown Estate in January 2009 and must be returned by April 2009;
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Evaluation of applications will be carried out from April to June 2009;
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Agreements to Lease will be negotiated during Summer 2009; and
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First deployment of devices is expected to occur in 2010 or 2011.
Evaluation of proposed developments will include assessments of:
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Their environmental impacts;
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The viability of the technology to be used;
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The viability and durability of the technology proposed;
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The developer’s business plan;
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The benefits that will accrue to the local economy; and
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Their “deliverability.”
The process will also take into account the Firth’s environmental constraints and its existing users such as:
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International shipping;
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Ferry traffic;
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Fisheries; and
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Defence.
Comment
The Crown Estate announcement marks the departure point from broad-brush discussions towards project specific considerations including site identification, submission of applications to the Crown Estate and negotiation of agreements for lease. Perhaps not coincidentally, the law relating to these procedures is also changing. Existing Planning and Environmental law relating to marine/tidal energy development is due to be supplemented by Scotland's Marine Bill and the UK Renewable Energy Strategy. The law relating to renewable energy will continue to evolve, such that promoters and other parties wishing to make representations will require comprehensive guidance throughout the life cycle of a marine/tidal development.
The information contained in this article is given for general information only and does not constitute legal advice on any specific matter.