Application Decision: Application by PSE Kinsale Energy Limited to conduct site clearance surveys of the Kinsale Head (including South West Kinsale & Ballycotton) and Seven[...]

Notice of the grant of permission to PSE Kinsale Energy Limited to conduct site clearance surveys of the Kinsale Area gas fields, which comprises the Kinsale Head (including Southwest Kinsale), Ballycotton and Seven Heads gas fields to confirm seabed status on various sites following completion of decommissioning of subsea wells and associated facilities.

The Minister for the Environment, Climate and Communications has decided, on 14 September 2022, to grant approval to PSE Kinsale Energy Limited (PSE) to conduct seabed clearance surveys of the Kinsale Area gas fields, which comprises the Kinsale Head (including Southwest Kinsale), Ballycotton and Seven Heads gas fields to confirm seabed status on various sites following completion of decommissioning of subsea wells and associated facilities, subject to conditions for the following reasons.

• As set out in detail in the EIA Screening Determination of 25 August 2022, the application by PSE to undertake a number of site surveys in 2022 or 2023 using geophysical techniques in the Kinsale Head (including South West Kinsale and Ballycotton) and Seven Heads Gasfields is not likely to have a significant effect on the environment and, consequently, an Environmental Impact Assessment is not required in respect of the proposed surveys and inspection the subject of the PSE application, subject to attachment of specified conditions.
• As set out in detail in the AA Determination of 24 August 2022, it can be concluded, for the purposes of Regulation 42(1) and in accordance with Regulation 42(7) of the Birds and Natural Habitats Regulations that an Appropriate Assessment is not required in respect of the proposed site clearance activities , as it can be excluded, on the basis of objective scientific information, following screening that the proposed geophysical surveys, individually or in combination with other plans or projects, will have a significant effect on a European Site. In addition, as set out in the Annex IV Species Assessment Determination in the AA Screening Determination, it was also concluded that the assessment of impacts (potential impacts and in combination impacts) on Annex IV species, in accordance with Article 12 of the Habitats Directive, which was carried out by PSE, is of an acceptable standard, such that the EAU is satisfied that the proposed site clearance activities will not adversely affect the favourable conservation status of any Annex IV species that may be present in the investigation area, should approval be granted in respect of the PSE application.
• The technical elements of the proposals are acceptable and meet the Department's requirements. It is considered that the proposed scope of the site clearance surveys at the sites of former installations (platforms and subsea structures)of the Kinsale Head, Ballycotton and Southwest Kinsale fields (Petroleum Lease area no.1), and the Seven Heads field (Seven Heads Petroleum Lease), appears reasonable and the proposed scope and equipment for the site clearance surveys are suitable to meet the objectives set, mainly; to confirm that decommissioning activities (removal of infrastructure) have been carried out as planned; and to confirm the seabed around the former sites of installations is clear of potential hazards to other users of the sea.

Please note that the validity of this decision may be questioned by judicial review under Order 84 of the Rules of the Superior Courts (S.I. No.15 of 1986), as amended. Any application for leave to apply for judicial review must be made promptly and in any event within three months from the date of this decision. Practical information on the review mechanism can be obtained from the Citizens Information Board, Ground Floor, George's Quay House, 43 Townsend Street, Dublin 2, or online at www.citizensinformation.ie or www.courts.ie