DESPITE the tough times that many North East companies have experienced in recent months, the renewable energy sector and the development of offshore wind farms are providing new opportunities in the region.
So says business lawyers, Endeavour Partnership, which is no stranger to this area of development.
Endeavour’s Renewable Energy Team, headed by Toby Tilly has assisted in securing a number of multi-million projects for the area. The Teesside-based commercial law firm acts exclusively on behalf of businesses across all sectors, with many clients in the engineering, manufacturing and energy sector.
But George Parker-Fuller, associate solicitor at Endeavour, said companies needed to be aware of legislative development – particularly those impacting on the energy sector.
“New legislation was brought in on November 12 2009 to regulate the use and enjoyment of the British coastline both for leisure and business activities,” he explained. One key sector that will be affected by the new Marine and Coastal Access Act 2009 is the burgeoning offshore renewable energy sector.
“The new legislation introduces a licensing and enforcement regime to regulate marine development and activities including offshore wind farm development.
“ The principal aims of the legislation are to ensure sustainable and planned development and conservation of the coastline and marine life.” The licensing system will be introduced in the spring of 2011. And any development – except for oil and gas –in the waters around the UK must be licensed.
“A Marine Management Organisation (MMO) will be responsible for co-ordinating marine activities including in particular the construction, extension and use of offshore generating stations except for any stations that are classified as Nationally Significant Infrastructure Projects,” added Mr Parker-Fuller.
“There will be a mechanism for making appeals against licensing decisions and statutory notices, such as stop notices, emergency safety notices and remediation notices, as well as notices to vary, suspend or revoke a marine licence. Licences, in practice, will be issued by the MMO for England and, under devolved powers, the Scottish parliament and Northern Irish and Welsh assemblies will each set up licensing authorities.
“Each authority must maintain a register of all licensing information.
“DEFRA – the Department for Environment, Food and Rural Affairs – has been managing a consultation process, which closed on June 1, the results of which will, no doubt, be of particular interest to the offshore renewable energy and aggregates industries.”
For legal advice on the renewable energy sector or the legislative changes in particular, contact Toby Tilly, David Hunter or George Parker-Fuller at the Endeavour Partnership at www.endeavourpartnership.com or 01642 610300.
Page 2: MGT powering ahead with renewable energy plants
