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The Development of the Consenting Regime for Offshore Renewable Energy Projects in Scottish Waters

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The Development of the Consenting Regime for Offshore Renewable Energy Projects in Scottish Waters
THE DEVELOPMENT OF THE CONSENTING REGIME FOR OFFSHORE RENEWABLE ENERGY PROJECTS IN SCOTTISH WATERS.

ADAKU UFERE

1. INTRODUCTION

Renewables are energy forms which are essentially inexhaustible, unlike fossil fuel sources, which are finite. Renewable energy sources include wind (onshore and offshore), hydro, wave, tidal, biomass, solar, and geothermal. Renewable energy can be used for heating and transport as well as electricity generation.
Generating energy from renewable sources continues to rise in profile and importance for a number of reasons:

* Its promotion by the UK and Scottish Governments as a means of meeting energy targets and international obligations, particularly the Renewables Obligation; * Its role as a source of energy that does not contribute significantly towards the probable causes of climate change; * The high price of fossil fuels; * The security of supply it represents relative to oil, gas and coal; and * The policy trend towards discouraging reliance on fossil fuels without increasing the contribution of nuclear energy towards meeting our energy demands.

Offshore renewable energy projects are ventures entered into away from land as a means of best maximizing those natural sources of energy: wind, wave, tidal etc. to produce power. A significant proportion is entered into in Scottish territorial waters which can be defined as being within the 12 nautical mile limit from the Scottish shore although The Marine &

Coastal Access Act 2009 devolved activities in the Scottish offshore seas from 12nm – 200nm to Scottish Ministers.

This paper traces the development of offshore and onshore renewable energy in the EU, UK and primarily Scotland. Part 2 deals with the development of renewable energy through legislation and expatiates on marine planning. Part 3 outlines the old and new consenting regimes. Part 4 lists some of the offshore renewable energy projects currently underway. Part 5 gives an analysis



Bibliography: (http://www.renewableenergyfocus.com/view/11705/renewable-energy-in-scotland/) (23 August 2010) Department of Energy and Climate Change ‘Energy Bill Receives Royal Assent’–Press Release (http://www.decc.gov.uk/en/content/cms/legislation/energy_act_10/energy_act_10.aspx) (9 April 2010) (http://europa.eu/legislation_summaries/energy/european_energy_policy/l27062_en.htm) (5 July 2006) (http://www.oilandgasukenvironmentallegislation.co.uk/Contents/Topic_Files/Offshore/EIA.htm) (20 December 2010) Sales (http://www.biggartbaillie.co.uk/ideas--insights/all-articles/planning--construction/marine-issues-in-renewable-energy) (27 May 2010) Sales (http://www.biggartbaillie.co.uk/ideas--insights/all-articles/planning--construction/renewable-energy-in-scotland---an-overview) (17 February 2010) SEA-info.net ‘About SEA’ (http://www.sea-info.net/content/overview.asp?pid=94) The Scottish Government, ‘Blueprint for a Greener Scotland’ (http://www.scotland.gov.uk/News/Releases/2008/10/06135029) (6 October 2008) The Scottish Government ‘Renewable Energy’ (http://www.scotland.gov.uk/Topics/Business-Industry/Energy/Energy-sources/19185) The Scottish Government: Scottish Government Publication, ‘Scottish Planning Policy (2010); Para 182, Website Edition (http://www.scotland.gov.uk/Resource/Doc/300760/0093908.pdf) (February 2010) The Scottish Government: Scottish Government Publication, ‘Sustainable Seas for All: A Consultation on Scotland’s First Marine Bill’; Website Edition (http://www.scotland.gov.uk/Publications/2008/07/11100221/5) (14 July 2008) [ 2 ]. Martin Sales, ‘Renewable Energy in Scotland-An Overview’ (Biggart Baillie LLP; 17 February 2011) accessed 12 March 2011 [ 3 ]

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