§ Malcolm BruceTo ask the Secretary of State for Trade and Industry what assessment she has made of the530W effects of clause 76(5) of the Energy Bill on the exercise by Scottish Ministers of their functions in relation to exploitation of areas outside the territorial sea for energy production. [165853]
§ Mr. TimmsThe principal objective of Part 3 of the Energy Bill is both to facilitate development of the UK's considerable renewable energy resources—wind, wave and tidal—beyond territorial waters and to enable Government to regulate projects so development takes place in an appropriate manner. Clause 76(5) (now Clause 84(5)) recognises that new installations with associated safety zones and the strategy on decommissioning under the Bill could impact on devolved matters handled by Scottish Ministers such as fishing and environmental protection.
§ Malcolm BruceTo ask the Secretary of State for Trade and Industry what functions Scottish Ministers have in relation to the consenting of offshore renewable energy generation plants(a) within and (b) outside the 12 nautical mile territorial seas around Scotland; and what effect the Energy Bill will have on these functions. [165854]
§ Mr. TimmsA Transfer of Functions Order made under the Scotland Act (SI 1999/1750) gave Scottish Ministers responsibility for considering applications under section 36 of the Electricity Act 1989 for offshore renewable energy generation plants in Scottish territorial waters. They also have powers to grant consents under the Coast Protection Act 1949 and licences under the Food and Environment Protection Act 1985, which are both required for offshore renewable energy installations.
The Government has agreed that Scottish Ministers should also have responsibility for granting section 36 consents for any installations planned for the Renewable Energy Zone off Scotland. Once the Energy Bill has been enacted, and section 36 powers are extended to the Renewable Energy Zone, the Government and the Scottish Executive intend to bring forward an Order under the Scotland Act 1998 to provide that this function be executively devolved to Scottish Ministers.
Clause 101 of the Energy Bill will give a power to Scottish Ministers to extinguish public rights of navigation where an applicant applies at the same time for a section 36 consent for a generating station which is planned for waters between the low water mark and the limit of the territorial sea around Scotland.