Minister Ryan launches consultation on Maritime Area Consent (MAC) regime for first phase of offshore renewable energy projects

• MAC regime will be a first step in a new and streamlined planning process - to harness Ireland's huge offshore wind potential

The Minister for the Environment, Climate and Communications, Eamon Ryan TD, today launched a consultation on important aspects of the new Maritime Area Consent (MAC) State consent regime for offshore renewable energy (ORE).

The Maritime Area Consent (MAC) will be a first step in a new and streamlined planning process. Developers who have been assessed for, and are subsequently awarded, a Maritime Area Consent (MAC) can then proceed to apply for development permission (planning permission), where they will undergo environmental assessment.

It follows the enactment of the Maritime Area Planning (MAP) Act on 23 December 2021. The Maritime Area Planning (MAP) Act provides the legal underpinning for an entirely new marine planning system. This planning system will strike a balance, between harnessing Ireland's huge offshore wind potential and protecting our rich and unique marine environment.

The Maritime Area Consent (MAC) regime will assess the viability of proposed offshore renewable energy developers in a number of key areas, including in respect of their financial and technical competency, in advance of developers proceeding to environmental studies.

Launching today's consultation, Minister Ryan said:

"The Maritime Area Planning Act is a transformational piece of legislation. It provides regulatory certainty and the legislative underpinning for Ireland to embrace its abundant offshore potential. Under the Act, the creation of a new Maritime Area Consent as a 'first step' in the planning process will ensure a fair and robust assessment of potential offshore renewable energy developers. This will ensure that only the most viable offshore projects will have the opportunity to apply for development permission from An Bord Pleanála. At that point, they will undergo all the necessary environmental assessments.

"As Minister for the Environment, I will have the responsibility of inviting Maritime Area Consent applications from an initial batch of offshore renewable energy projects. The grant of the first Maritime Area Consents this year will represent a significant milestone in realising our ambitious climate targets of 5GW (Giga Watt) of installed offshore wind capacity by 2030 and a long-term plan to take advantage of a potential of at least 30GW of floating wind thereafter."

After the assessment and grant of the first batch of offshore renewable energy projects, responsibility will be handed over to a new Agency - the Maritime Area Regulatory Authority (MARA). It will be established and operational from 2023. The establishment of the Maritime Area Regulatory Authority (MARA) is of the highest priority for Government.

Consultation

This consultation on the Maritime Area Consent (MAC) regime presents the proposed model for the assessment of the first offshore renewable energy projects. It also outlines important information on how the new Maritime Area Consent (MAC) regime will operate. Feedback received will help finalise the Maritime Area Consent (MAC) assessment regime. The first Maritime Area Consents (MACs) are expected to be issued in the second half of this year (2022).

The consultation will remain open for a period of four weeks. It will close on 16th February 2022. The consultation documents can be accessed here.

ENDS

Notes to the Editor

Offshore Energy Potential

Ireland's increased climate and energy ambition is reflected in the Government target under Climate Action Plan 2021 to increase the proportion of renewable electricity to up to 80% by 2030, including an increased target to achieve up to 5GW of installed offshore wind generation by 2030.

There is a further commitment in the Programme for Government to develop a longer-term plan to utilize the potential 30GW of offshore floating wind power in our Atlantic waters.

The 5GW target will be primarily met through development of offshore renewable energy (ORE) in Ireland's eastern and southern coastal regions. This reflects the suitability of water depths in these regions for the deployment of conventional fixed bottom offshore wind turbines. It also reflects the availability of existing electricity grid infrastructure to connect these projects to the onshore grid.

Subsequent cost-effective deployment of renewables in deeper waters off the west coast, to take advantage of stronger and more consistent wind speeds, should be increasingly feasible through future advances in floating turbine technology. Because of Ireland's location at the Atlantic edge of Europe, we have more offshore energy potential than most other European countries. Ireland's maritime area is seven times the size of its landmass.

Maritime Area Planning Act

The Maritime Area Planning (MAP) Act is the State's leading response to the much-needed reform of marine governance. The Act provides the legal underpinning to an entirely new marine planning system. This will balance harnessing our huge offshore wind potential with protecting our rich and unique marine environment.

The Act, signed into law in December 2021, is a key enabler of Ireland's decarbonisation goals. It provides for a completely new regime for the entire maritime area underpinned by the National Marine Planning Framework. Foreshore Consents will be replaced by a more focused and streamlined Maritime Area Consent regime. The planning permission system will be extended into the entire maritime area, with development subject to a single comprehensive environmental assessment. Compliance and enforcement activities are supported through robust provisions.

Maritime Area Consent (MAC) and the Relevant Projects

One of the main features of the Maritime Area Planning (MAP) Act is the creation of a new State consent - the Maritime Area Consent (MAC) - as a first step in new planning process. To make achievement of our 2030 targets feasible, a pathway was provided to enable a select number of projects that had advanced under the existing Foreshore Consents regime to transition to the new Maritime Area Planning (MAP) regime when it is established.

The Transition Protocol was set out in the General Scheme of the Marine Planning and Development Management (MPDM) Bill. It gave guidance regarding the treatment of certain offshore wind projects, in the context of the anticipated progression of the Maritime Area Planning (MAP) Bill. 'Relevant Projects' are those that either applied for or were granted a lease under the Foreshore Act 1933, or offshore wind projects that were eligible to be processed to receive a valid grid connection offer in December 2019.

The Transition Protocol allowed these projects to continue to progress - updating several project aspects, including the grid offer application process, so that they could be in a position to apply under the new regime, once enacted. Under direction from the Commission for Regulation of Utilities (CRU), EirGrid has engaged, and continues to engage, with those projects to progress grid offer applications.

Assessment of 'Relevant Projects' for Maritime Area Consent (MAC)

Under the special transition provisions in the Maritime Area Planning (MAP) Act, the Minister for the Environment, Climate and Communications will have responsibility for assessing and granting Marine Area Consents (MACs) for a first batch of offshore projects. Those are the projects which satisfy the definition of "relevant maritime usage", which mirrors the definition of 'Relevant Project' set out under the Transition Protocol, under the legislation.

The window for Marine Area Consent (MAC) applications, from projects satisfying the definition of "relevant maritime usage", will open in 2022. This will mark an important step towards reaching our 2030 targets.

Projects which obtain a Marine Area Consent (MAC) will still be required to apply for all of the requisite consents and planning permission. They will be subject to the full assessment procedures by An Bord Pleanála.

Maritime Area Regulatory Authority (MARA)

After the assessment and grant of the first batch of offshore renewable energy (ORE) projects, responsibility will be handed over to a new Agency - the Maritime Area Regulatory Authority (MARA). It will be established and operational from 2023. The establishment of the Maritime Area Regulatory Authority (MARA) is of the highest priority for Government.