Description
The WESE project aimed to develop environmental monitoring around wave energy converters (WECs) operating at sea; to develop efficient guidance for planning and consenting procedures in Spain and Portugal for wave energy projects to better inform decision-makers and managers on environmental real risks and reduce environmental consenting uncertainty; to develop and implement innovative maritime spatial planning (MSP) Decision Support Tools (DSTs) for Portugal and Spain for site selection of WE projects; and to develop a Data Sharing Platform that will serve data providers, developers and regulators.
The WESE project conducts environmental monitoring around deployments in Portugal and Spain. Associated project sites include:
Location
WaveRoller: Almagreira (Peniche, Portugal), MARMOK-A-5: Biscay Marine Energy Platform test site (Armintza, Basque Country, Spain), Mutriku wave power plant: Mutriku (Mutriku, Basque country, Spain).
Licensing Information
Portugal (Bald & Apolónia, 2020):
The Directorate-General of Natural Resources, Safety and Maritime Services (DGNRSMS) is the entity responsible for several aspects regarding the private use of the National Maritime Space (NMS). The Directorate-General of Energy and Geology (DGEG) is the entity responsible for the licensing process of electric projects including marine renewable energy (MRE).
For projects with a power capacity up to 10 MW, DGEG is the authority in charge of licensing electricity production linking with other authorities for specific permits: the DGNRSMS for the Title for the Private Spatial Use for the NMS (TPSU), Commission of Coordination and Regional Development (CCRD) or Environmental Portuguese Agency (EPA) for the environmental license, and local city hall for onshore facilities.
The consenting process for MRE projects in Portugal follows 4 components:
- Private use of marine space,
- Energy production,
- Accessory facilities onshore and
- Environmental Impact Assessment (EIA)
A developer can apply for all licenses at the same time, however, the procedure to obtain each of these licenses is sequential and there are legally prescribed time frames for each step of the procedure.
In summary (from WESE D4.2 – Bald & Apolónia, 2020):
|
Parameter |
Relevant applicable laws |
Licensing Authority |
Name of document |
|
Private use marine space |
DL 38/2015 (amended by DL 139/2015) – transposes Directive 2014/89/EU and develops Act 17/2014 which sets forth the LBOGEM |
DGNRSMS |
TPSU |
|
Water Resources Use |
DL 226-A/2007 (amended by Act 44/2012) DL 108/2010 (amended by DL 136/2013) |
EPA |
TUWR |
|
Energy Production |
DL 172/2006 (6th amendment through DL 215-B/2012 and 11th amendment through DL 76/2019) Ordinance 243/2013 (amended by Ordinance 133/2015) |
DGEG – power capacity up to 10 MW Secretary of State of Energy – power capacity higher than 10 MW |
License on power production and grid connection |
|
Accessory facilities onshore |
DL 555/99 (amended by DL 136/2014) - RJUE |
Local planning authority |
Planning Permission |
|
EIA |
DL 151-B/2013 (amended by DL 152-B/2017) – transposes Directive 2014/52/EU |
EPA – location in sensitive area DGEG – project not located in sensitive area) CCDR – EA |
EIA/EA |
Spain (Bald & Apolónia, 2020):
The distribution of competences between the State and the Autonomous Communities arises, in essence, from the Spanish Constitution (specifically from articles 148 and 149) and the Statutes of Autonomy of the latter. Thus, the specific distribution of powers in the Spanish electricity sector has been specified by Law 54/1997, of 27 November, on the Electricity Sector.
As established in article 113 of RD 1955/2000, the competences over electricity production, transmission and distribution facilities are held by the General State Administration and shall be exercised by the Directorate General for Energy Policy and Mines (DGEPM) of the current Ministry for the Ecological Transition and Demographic Challenge (METDC), without prejudice to those expressly attributed to the Council of Ministers.
The processing of the authorisation, specifically the declaration of public utility and approval of the project for the execution of electrical installations will be carried out by the areas or, where appropriate, the Industry and Energy Departments of the Government Delegations or Sub-delegations of the provinces where the installation is located.
In addition to the competences set out in RD 1955/2000, in relation to electricity generation facilities, and in accordance with the provisions of article 3 of RD 1028/2007, it is the responsibility of the Ministry for the Ecological Transition and Demographic Challenge (METDC), through the Directorate General for Energy Policy and Mines (DGEPM), as the substantive body, to grant administrative authorisation for the construction, extension, modification and closure of facilities.
On the other hand, it is the responsibility of the Ministry for the Ecological Transition and Demographic Challenge (METDC), through the Directorate General for Sustainability of the Coast and the Sea (DGSCS), to grant the authorizations and concessions for the occupation of the maritime-terrestrial public domain (MTPD) required for the installation of a marine electricity generation park. In addition, the Ministry for the Ecological Transition and Demographic Challenge (METDC), through the Directorate General for Environmental Quality and Assessment (DGEQA), will act as the environmental body in the environmental assessments carried out in application of RD 1028/2007.
When the activities required to carry out electricity generation installations in the territorial sea affect maritime safety, navigation and human life at sea, the Ministry of Transport, Mobility and Urban Agenda, through the Directorate General of the Merchant Navy (DGMN), will be responsible for authorising such activities.
In the case of occupation of the public port domain, the competent Port Authority (PA) will grant the corresponding authorisation or concession, in accordance with the provisions of the applicable sectorial legislation.
Regional governments can participate in the process depending on their competences. In particular, regional governments (there are 17 in Spain) are the decision-making bodies when the site is in internal waters (i.e. sea areas lying between two capes).
Project Progress
Started: November 2018
Concluded: October 2021
Key Environmental Issues
The project included a work package dedicated to the monitoring of 3 key parameters: electromagnetic fields (EMFs), underwater noise, and seafloor integrity, and a work package dedicated to environmental modelling: electromagnetic fields, underwater noise, and marine dynamics. No significant impacts were found.
Environmental Datasets
Relevant environmental datasets for this project are available on MARENDATA.