Consultation by NRW
NRW as the one-stop-shop for marine licences will manage consultation with statutory and non-statutory consultees at EIA screening and scoping stages. In the majority of cases NRW will liaise directly with consultees but will also direct applicants to specific organisations if appropriate.
When an application for a marine licence is made, NRW consult with a range of organisations to seek advice on the impacts of the project and any mitigation measures / conditions which should be included within a licence to minimise potential impacts.
There are no statutory consultees specified in the Act. However, Natural Resources Wales will consult at least the following bodies on applications because of their knowledge and expertise and in some cases to satisfy requirements set out in other statutes.
- Centre for Environment, Fisheries and Aquaculture Science (Cefas) for their marine science expertise
- Maritime & Coastguard Agency (MCA) and Trinity House (TH) for navigational safety issues
- Ministry of Defence for military issues
- Cadw on historic/cultural heritage
- Marine Management Organisation on Marine License Application and Section 36 Regulation
This is not a definitive list and other organisations will also be consulted as appropriate dependent on the project/licensable activity.
Other consultees may include: –
- Internal Natural Resources Wales departments
- Royal Society for the Protection of Birds (RSPB)
- Wales Biodiversity Partnership
Navigational / Other
- Trinity House
- Royal Yachting Association
- The Local Harbour Authority
- Department for Transport
- The Crown Estate / Swangrove Estate who are the owner of the foreshore / seabed in the majority of cases.
- The Local Planning Authority
- Royal Commission on the Ancient and Historic Monuments of Wales (RCAHMW)
Welsh Government Consultees
- Fisheries Enforcement Officers
- Marine Branch
- Transport Policy, Planning & Partnerships
- Flood and Coastal Risk Management Branch
Consultation on the Electricity Works
Please note the following consultation requirements relating to The Electricity Regulations 2006 and 2007
Regulation 4 – The Electricity (Offshore Generating Stations) (Applications for Consent) Regulations 2006
(1) The applicant shall publish notice of an application—(a) in two successive weeks in one or more local newspapers which are likely to come to the attention of those likely to be affected by the proposed development; (b) in Lloyd’s List and in one or more national newspapers; (c) if there are in circulation one or more appropriate fishing trade journals which are published at intervals not exceeding one month, in at least one such trade journal; and (d) in the London Gazette, or, in respect of an application relating to an offshore generating station located or to be located in that part of the Renewable Energy Zone that lies within the part of the sea which is to be treated as adjacent to Northern Ireland for the purposes of article 3(1) of the Adjacent Waters Boundaries (Northern Ireland) Order 2002, the Belfast Gazette.
Regulation 7 – The Electricity (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2007
A notice to which paragraph (1) applies shall be published in two successive weeks in—(a) the London Gazette; and(b) one or more newspapers circulating in the locality in which the land to which the application relates is situated (or, in relation to a proposed development in, on, over or under the sea, in such newspapers as are likely to come to the attention of those likely to be affected by the proposed development).
It is perhaps prudent to include some text on safety zones for renewable energy installations – maximum of 50metres for an operational safety zone and 500m during construction/ decommissioning/ maintenance and extension. Again the MMO is the regulator in this regard and there are advertisement requirements during the application process.
Regulation 4 – The Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) Regulations 2007
The applicant shall publish notice of an application—(a) in two successive weeks in one or more local newspapers which are likely to come to the attention of those likely to be affected by the safety zone; (b) in Lloyd’s List and in one or more national newspapers; (c) if there are in circulation one or more appropriate fishing trade journals which are published at intervals not exceeding one month, in at least one such trade journal; (d) in the London Gazette, unless the safety zone is proposed or located wholly within waters mentioned in sub-paragraphs (e) or (f); (e) in the case of an application relating to a safety zone proposed or located wholly or partly in an area of Scottish waters or an area of waters in the Scottish part of the Renewable Energy Zone1 , the Edinburgh Gazette; and (f) in the case of an application relating to a safety zone proposed or located wholly or partly in that part of the Renewable Energy Zone that lies in the part of the sea which is treated as adjacent to Northern Ireland for the purposes of article 3(1)of the Adjacent Waters Boundaries (Northern Ireland) Order 2002, the Belfast Gazette.
Consultation by the developer
Effective consultation by the developer will lead to applications which are better developed and better understood by the public, and will ensure that the important issues have been articulated and considered as far as possible in advance of submission. The early involvement of local communities, local authorities and statutory consultees at this stage can bring about significant benefits for all parties, allowing members of the public to influence the way projects are developed and how they are integrated into the community and by helping local people understand what a particular project means for them, so that concerns resulting from misunderstandings are resolved early. It also enables potential mitigating measures to be considered and, in some cases, built into the project before an application is submitted.
Consultation should take a variety of forms depending upon the nature of the information being requested or provided, the consultees/stakeholders being contacted, and the timeline in the consenting process. The production of a Consultation Strategy at scoping stage is considered good practice for consultation that is external to the licence application process It is recommended that NRW reviews and comments upon the
Consultation Strategy at Screening Stage, it will then inform key stakeholders, allowing them to plan resources accordingly.
Consultation can include all or any of the following forms:
- Telephone discussions
- Public events
- Email updates; Web pages, leaflets etc.
The MCAA 2009 requires that there must be publication of notice of an application for a marine licence including to any local authorities (in England and Wales) affected by a proposal. NRW will require applicants to publicise the application and will provide text for publication and advise on the appropriate method of publication
In general, NRW will not be able to take an application further until the applicant has provided evidence that the application has been publicised and the relevant local authorities notified.
The vast majority of licence applications will need to be advertised in at least a local paper. Marine Licence application notification must be in both English and Welsh (NRW will provide translated text). For MLs, NRW may direct the applicant to publish, for two successive weeks, a public notice in such newspapers or other publications as they see fit. S36 applications must be published in one or more local papers (such newspapers as are likely to come to the attention of those likely to be affected by the proposed development) for two consecutive weeks. Examples include key local interested groups over the potential use of areas of sea (and land) sought for development, particularly where there is significant existing use of the area(s). Non-statutory consultees are likely to include CADW as well as fishery and conservation groups.
The Marine Licence application and supporting documents must be made available in a publically accessible building (which will be referred to in the notification).
Table 1 – List of consultation carried out by developer TEL
|TEL Public Exhibition||St Davids||13 & 14 March 2009||To notify local community of the proposals being made by TEL.|
|Really Wild Festival||St Davids||5 & 6 September 2009||Attended on request by organiser to educate local communities of renewable energy projects. TEL advised of Ramsey Sound Project.|
|Transition Haverfordwest Green Fayre||Haverfordwest||19 September 2009||Educate local communities of renewable energy projects. TEL advised of Ramsey Sound Project.|
|Transition Haverfordwest Town Meeting||Haverfordwest||9 November 2009||Presentation given to members of the group on the progress of the project.|
|TEL Public Exhibition||St Davids||20 & 21 November 2009||To notify public of consent applications made by TEL and outcome of the EIA.|
|Friends of Pembrokeshire Coast National Park meeting (FPCNP)||St Davids||13 January 2010||TEL presentation given to members of the group on the progress of the project.|
|Pembrokeshire County Show||Haverfordwest||17 August 2010||TEL supported Pembrokeshire County Council’s European Funds department to advertise successful European funded projects.|
|START Festival||National Botanical Gardens||7 & 8 September 2010||TEL updated locals on the project and had a stand at the event.|
|European Structural Funds Showcase||Cardiff||30 September 2010||TEL invited to exhibit DeltaStream by the Deputy First Minister as example of an EU funding project (European Commission President Jose Manuel Barroso attended).|
|Pembrokeshire Coastal Forum’s ‘Marine Buzz Challenge Day’||St Davids / St Justinians||12 April 2011||TEL invited to talk to Key Stage 3 pupils about TEL’s Ramsey Sound project on site and at St David City Hall.|
|St Davids City Council Meeting||St Davids||23 May 2011||TEL presentation given to members of the Council on the progress of the project.|
|Porthstinian Boatowners Association||St Davids||9 June 2011||TEL presentation given to members of the group on the progress of the project.|
|TEL Public Exhibition||St Davids||17 & 18 June 2011||To update local community of TEL’s Ramsey Sound project.|
|Really Wild Festival||St Davids||29 & 30 July 2011||Attended on request by organiser to Educate local communities of renewable energy projects. TEL advised of Ramsey Sound Project.|
|Pembrokeshire South East Energy Group Presentation||Saundersfoot||20 October 2011||The registered charity, set up to encourage energy conservation and renewable energy, invited TEL to give a talk to the Group. The Group is open to the public.|
|‘Careers Wales West’ Careers Fair||Technium, Pembroke Dock||1 March 2012||TEL invited to exhibit at the careers fair.|
|Saundersfoot Probus Club||Saundersfoot||11 April 2012||The Club, who has a number of people with a technical or scientific background, invited TEL to talk to them.|
|EU Commissioner Johannes Hahn ‘Visit to Wales’||Swansea National Waterfront Museum||20 April 2012||TEL invited by WEFO to exhibit at EU Commissioner Johannes Hahn’s ‘Visit to Wales’ to showcase an example of an EU funding project.|
|Marine Energy Pembrokeshire Seminar||Technium, Pembroke Dock||17 May 2012||TEL’s MD chaired seminar and senior staff part of panel debates.|
|Renewable Energy Regions Network||St Davids||23 May 2012||TEL invited by WG to present to Renewable Energy Regions Network.|
|South Wales Members’ Group of the Institution of Chemical Engineers||Pembroke||28 June 2012||TEL invited to talk to the South Wales Members’ Group of the Institution of Chemical Engineers.|
|Pembrokeshire Coastal Forum’s ‘Marine Buzz Challenge Day’||Whitesands||9 October 2012||TEL invited to talk to Key Stage 3 pupils about TEL’s Ramsey Sound project.|
|Porthstinian Boat Owners Association||St Davids||20 November 2012||TEL presentation given to members of the group on the progress of the project.|
|Marine Energy Pembrokeshire Seminar||Bridge Innovation Centre||14 Mar 2013||TEL presentation given to members of MEP.|
|Colgate University, USA Visit||St Davids||7 May 2013||TEL invited to talk to a group of 3rd year undergraduate Science students from Colgate University, USA on a study-abroad program.|
|Pembroke Dock Office Opening Reception||Pembroke Dock||18 November 2013||Invited local stakeholders and politicians to drinks reception at new Pembroke Dock office.|
|Pembrokeshire Coastal Forum’s ‘Marine Buzz Challenge Day’||St Davids||20 November 2013||TEL invited to talk to secondary school pupils about TEL’s Ramsey Sound project.|
|TEL Public Exhibition||St Davids||22 & 23 November 2013||To update local community of TEL’s Ramsey Sound project and introduce St Davids Head project.|
|Marine Energy Pembrokeshire Seminar||Bridge Innovation Centre||13 March 2014||TEL’s MD chaired seminar and senior staff part of panel debates.|
|St Justinians Forum (Council Working Group on RNLI)||City Hall St Davids||17 March 2014||TEL attended as a stakeholder.|
|Porthstinian Boat Owners Association||St Davids||16 April 2014||TEL talk to members of the group on the progress of the project.|