Biodiversity and offshore renewables

Biodiversity and offshore renewables: what every consents manager should know.

By addressing biodiversity issues correctly from the start of a project, you can considerably improve you chance of planning consents being granted and reduce the likelihood of project delays.

What conservation or biodiversity laws apply to a marine energy project?

There is a wide variety of legislation that applies to an offshore energy project, which relates both directly and indirectly to the conservation of biodiversity. This is further complicated because many such projects have onshore, coastal and offshore components and different, but similar, legislation applies in each of these areas, and is controlled by different regulatory bodies and stakeholders. The legislation that applies also differs between the four countries that make up the UK, as well as in Ireland. Most offshore energy projects will require an assessment under the one or more set of Regulations derived from the European Commission’s Environmental Impact Assessment (EIA) Directive. This assessment will usually include the effect of the project on marine invertebrates, fish, mammals and birds and their habitats. If the development has the potential to affect habitats or species protected under the European Commission’s Habitats or Birds Directives, then additional assessments will need to be carried out in accordance with the Regulations derived from these Directives. There is also domestic legislation, including the Wildlife and Countryside Act, Marine and Coastal Access Act, and Nature Conservation Scotland Act, which will need to be taken into account at all stages of the project. So all in all, it can be quite complex.

What surveys do we have to do to get consent?

The surveys required are dependent on the nature of the development and its location. Typically, it is necessary to:
a)   gather information on international, national and local sites designated for nature conservation in the vicinity,
b)   undertake surveys of habitats (a phase 1 habitat survey on land and intertidally, and a marine biotope classification subtidally),
c)   undertake protected species surveys along the cable routes,
d)   undertake marine benthic invertebrate, fish, marine mammal and bird surveys.
Offshore surveys can be labour intensive, involving the use of grabs to collect samples of invertebrates from the sea bed, a range of trawls and netting techniques to sample fish species, surveys from aircraft and boats to observe sea mammals and birds, and even radar to detect bird movements through and around the development area. The surveys are often required to cover a wide area around the actual development site.

What time of year can they be done?

Ecological surveys on land can be highly seasonal, so time of year will be an important consideration when planning the surveys for the onshore components of the scheme. Surveys of marine invertebrates and fish are not constrained to the same extent and can normally be undertaken alongside other surveys at any time of the year. However, in some cases it may necessary to sample particular groups at specific times of the year to understand seasonal variations in distribution, for example targeting fish spawning grounds or migratory routes. Offshore surveys for mammals and birds are often required at monthly intervals all year round. This is to provide information on seasonal variations in distribution and abundance. Many seabirds, for example, gather at breeding colonies in spring and summer, and will move to and from these sites frequently as they forage for food. At other times of year they may be more widely dispersed and make less predictable movements. There may also be annual variations and, for this reason, several years’ data may be required before a sufficient understanding is reached.

How do we make sure we get the right data first time and avoid wasting money on repeat surveys?

For a development requiring assessment under EIA Regulations, it is very important to seek a scoping opinion from the statutory consultees. For large projects in England and Wales, this may be via the Infrastructure Planning Commission, who will consult other bodies such as Natural England. Normally a scoping report is prepared by the developer’s consultants, setting out, in broad terms, the potential impacts of the scheme on the environment, including biodiversity, and the range and scope of the proposed studies to assess this impact. It is advisable to base these studies on existing data and provide as much detail on the intended methods and frequency of the surveys as possible. The statutory consultees will then provide comments on the suitability of the proposed approach to the assessment. After the scope of the surveys has been agreed, it is of equal importance to ensure that the surveys are undertaken to a high standard, in the appropriate season and fully in accordance with the agreed methodology and published best practice guidelines. It is also important to consider new information that comes to light as the surveys progress and be ready to respond with additional survey effort or a modified approach, where this is required.

How long from start to finish should we plan for the EIA to take?

Initially, there will be a period of approximately 6 months during which appraisals and consultation are undertaken. A large scheme may require surveys over a period of two or more years and a period after this of perhaps 6 months during which the assessment is undertaken and the required reports produced. Therefore, it could take 3 or more years before the EIA is completed.

Do we have to continue monitoring the wildlife and sea bed once the project is commissioned?

Very often post-construction monitoring is required, this is normally dependant on the results of the assessment, or could be a condition of the consent for the project, or a protected species licence issued under the Habitats Regulations. The need for monitoring and its extent and duration will usually be determined by the scale of the project and the potential impacts of the scheme identified during the assessment process. The results from the monitoring can be used to inform management actions. For example, if unexpected negative impacts are observed then it may be possible to adjust operating procedures to minimise their effects. In addition, the results from such monitoring can be used to inform the consenting process for other similar projects in the future. It is possible that the resultant impacts may be less severe than expected or alternatively positive effects could have been observed. In order to evaluate the success of a particular mitigation measure, monitoring may be required.

Should we go to a multi-disciplinary consultancy or to an ecology specialist?

Using a specialist professional ecological consultancy gives you direct access to the ecologists undertaking what is an increasingly important and complex aspect of the consenting process. Choose one that employs a wide range of specialists (they are likely to be leaders in their field) and has direct access to the laboratories and equipment which may not be so readily available to multi-disciplinary consultancies. It is also important to ensure that they have the ability to handle and analyse large quantities of complex data, as this is often required for determining bird flight paths, fish spawning grounds and various other habitat and species characteristics.

Search