On 19 January 2022, the Department of Environment, Climate and Communications commenced two live consultations regarding offshore renewable energy, following the signing into law of the MAP Act 2021. The first consultation process concerns so called Phase 1 Projects (including the seven "Relevant Projects"), and the second concerns Phase 2 Projects. Submissions are invited on the Phase 1 Projects consultation up to 16 February 2022, and on the Phase 2 projects up to 2 March 2022. See links to the consultation documents below.
MAC Process for Phase 1 Projects
https://www.gov.ie/en/consultation/1f918-offshore-renewable-energy-maritime-area-consent-mac-assessment-for-phase-one-projects/
Phase 2 Projects
https://www.gov.ie/en/consultation/b19b1-offshore-wind-phase-two-consultation/
Key points arising from the Phase 1 Projects consultation documents are:
- Submissions are sought on a MAC process consultation paper, and on the financial and technical capability competence guidance documents set out at Annex 1 and 2 of the Phase 1 Projects consultation documents.
- Secondary legislation ie Regulations are currently being worked on by the Department of Environment, Climate and Communications. Offshore Development Plan Guidelines are due to be published in late 2022.
- The new regulatory body created by the MAP Act, the Maritime Area Regulatory Authority (MARA) will be established and operational from 2023. It appears that only Phase 1/Relevant Projects MAC applications will be processed in 2022, and by the Minister for Environment, Climate and Communications rather than MARA.
- Maritime Area Consent (MAC) applications are expected to be invited from Relevant Projects from a date in April 2022 with the "window" for such applications open for 2 months. They will be processed within the 90 day period prescribed in the MAP Act. The criteria to be applied is set out in the MAP Act and there is further detail provided in the consultation paper, for example the need to submit a statement demonstrating compliance of the project with Government policy, and that the coordinates of the project area are the same as those in the foreshore authorisation that qualified the project for Relevant Project status.
- The first MACs are expected to issue Q3 2022, and they will be awarded on a pass/fail basis by reference to the stated criteria i.e .the granting of the first MACs will not be a competitive process.
- Pre application meetings must be held with An Bord Pleanala, and development consent applications can be submitted to the Board once a MAC has been secured. The first development consent applications are likely to be lodged in or about Q4 2022.
- The Offshore Renewable Energy Support Scheme, (ORESS 1), will likely open for applications in Q4 2022. While projects will not need development consent to apply, they will need both a MAC and a Grid Connection.
- The Consultation Paper invites submissions on whether or not there should be a MAC application fee.
- A levy is proposed of €20,000 per KM2/annum for the development stage of the project, with a 2% gross revenue levy payable per annum during the operational stage of the project.
- The MAC duration is proposed to be 30 years and submissions are sought on this.
For more information please contact Alison Fanagan, Alan Roberts, John Dallas, Ross Moore or your usual ALG contact.
