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Energy Bill [Lords] - Sitting 11

15 June 2023

Proposing MP
West Aberdeenshire and Kincardine
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses proposed amendments to the Energy Bill aimed at expanding the scope of offshore wind development activities and ensuring environmental protections. The statement addresses amendments and clauses related to offshore wind infrastructure projects in the Energy Bill, focusing on environmental impacts and streamlining consent processes. The statement addresses amendments to the Energy Bill related to offshore wind electricity generation and planning arrangements. The discussion is about balancing the development of offshore wind energy with environmental protection. The speaker discusses the need for proper environmental protection and a holistic approach to developing offshore wind projects in the North Sea. The MP discusses amendments related to environmental impacts and compensation for offshore wind farm developments, emphasizing the need for clarity and robust analysis by regulatory bodies. The MP discusses concerns regarding the Energy Bill's impact on biodiversity and environmental protection, particularly in relation to offshore wind development. Andrew Bowie discusses ongoing negotiations with the Scottish Government regarding consent for offshore wind licences and addresses concerns about marine protected areas and environmental assessments. The statement addresses amendments to clauses in the Energy Bill related to offshore wind activities and environmental effects. Andrew Bowie discusses amendments and clauses in the Energy Bill related to marine oil pollution planning and response requirements for emerging offshore technologies. The statement discusses amendments to the Petroleum Act 1998 to allow for a new charging regime for decommissioning offshore oil and gas installations. Andrew Bowie is discussing amendments to the Petroleum Licensing regulations to give the North Sea Transition Authority (NSTA) new powers to assess proposed changes in control of petroleum production licensees before they occur.

Action Requested

Mr Bowie proposes an amendment that widens the definition in clause 245 to cover the identification of areas for offshore wind development. He also supports government amendments and additional amendments focused on extending fast-track consenting processes, removing disapplication of certain environmental protections, and applying conditions to regulations concerning environmental assessments.

Key Facts

  • Amendment 135 widens the definition in clause 245.
  • Amendment 164 extends the fast-track consenting process for offshore wind projects.
  • Amendments remove ability to disapply certain environmental protections (Amendment 166, 167).
  • New conditions apply to making regulations regarding environmental assessments (Amendment 165).
  • Clause 245 relates to definitions and compensatory measures for offshore wind infrastructure projects.
  • Government amendments 135, 136, and 137 define key terms for the clauses.
  • Clause 246 allows strategic compensatory measures to fulfill duties under environmental regulations.
  • Clause 247 enables the establishment of marine recovery funds.
  • Clause 248 will streamline assessments for offshore wind projects.
  • The Government amendment 136 includes a definition of 'offshore wind electricity infrastructure' covering generating stations and associated infrastructure.
  • Bootstraps, interconnector cables anchoring at one point on shore and conveying high-voltage current via the seabed to another land point, are included in offshore planning arrangements.
  • Clause 246 introduces an environmental compensation obligation for adverse effects on protected marine areas.
  • Offshore wind development can be pursued while taking proper note of environmental considerations.
  • There is a commitment to a huge increase in offshore wind, but it must proceed without trashing the environment.
  • The Marine and Coastal Access Act 2009 started to develop the concept that there are right and wrong places for development.
  • Labour had plans for an ecologically coherent network of 113 marine conservation zones when leaving government.
  • Amendment 164 aligns with Government amendments but seeks a more holistic approach.
  • Amendments 165 to 167 aim to maintain environmental protections and introduce new requirements for the Secretary of State.
  • The Marine and Coastal Access Act, Conservation of Habitats and Species Regulations 2017, and Conservation (Natural Habitats, &c.) Regulations 1994 are referenced as critical legislation.
  • Amendments tabled by the MP aim to address concerns about marine recovery funds and regulatory powers.
  • Clause 247 gives the Secretary of State power to appoint another person or authority without Scottish Ministers' consent.
  • The Scottish Government has proposed draft amendments for consideration.
  • The MP's husband is a company secretary of Sheffield Renewables.
  • The UK faces significant nature depletion, among the worst in Europe.
  • Clause 248 provides wide powers to ignore habitat regulations and marine Acts.
  • Amendment 165 outlines concerns about Bill alignment with the Environment Act.
  • Ongoing negotiations between UK and Scottish Government officials regarding consent for offshore wind licences.
  • DEFRA is working quickly to implement management measures for marine protected areas.
  • The government guarantees that environmental assessments will continue to be required before consent is given.
  • Clause 248 enables the appropriate authority to amend environmental assessments, moving away from EU case law and tailoring approaches to UK circumstances.
  • Amendments seek to remove powers to disapply or modify existing legislation relating to environmental assessment processes.
  • Amendments proposed by Andrew Bowie are numbered 145, 152, and 153.
  • The amendments seek to replace 'projects' with 'activities' in clauses 247 and 248.
  • These changes ensure consistency with previous amendments made under Amendment 135.
  • Clause 251 enables regulations for emergency planning and response to marine oil pollution incidents.
  • The clause applies to infrastructure such as subsea pipelines and surface installations for emerging offshore technologies like carbon dioxide storage, combustible gas storage, and hydrogen production and storage.
  • Regulations may provide for the charging of fees in relation to matters set out in regulations and criminal offences shall not exceed £50,000.
  • Clause 252 enables the Secretary of State to make regulations for considering implications for sites designated for protected habitats and species when making decisions related to offshore oil and gas activities.
  • Clause 253 amends the Petroleum Act 1998.
  • The current charging framework is no longer adequate for full cost recovery.
  • The new regime will align with other complex regulatory functions across the Government.
  • The amendments will replace after-the-event powers with before-the-event powers for the NSTA.
  • Companies must apply at least three months before a planned change of control.
  • The NSTA can give unconditional, conditional consent or refuse consent based on representations from the licensee.
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