Abstract
On the 14th June 2019, Moray Offshore Windfarm (West) Ltd (‘Moray West’), was granted consent under Section 36 of the Electricity Act 1989 to construct and operate the Moray West Offshore Wind Farm. Moray West also received two Marine Licences under the Marine and Coastal Access Act 2009 and Marine (Scotland) Act 2010 for the Moray West Offshore Wind Farm and the associated Offshore Transmission Infrastructure (OfTI).
The Moray West Offshore Wind Farm and the OfTI are collectively referred to as ‘the Development’. The Development together with the Onshore Transmission Infrastructure (OnTI) comprises ‘the Project’.
Moray West (Company Number 10515140) has its registered office at Octagon Point, 5 Cheapside, London, England, EC2V 6AA. Moray Offshore Windfarm (West) Limited is a wholly subsidiary of Moray West Holdings Limited which in turn is owned by Moray Offshore Renewable Power Limited, Delphis Holdings Limited, EDP Renewables Europe, S.L.U and UAB Ignitis Renewables.
Moray West received a notice under Section 105(2) of the Energy Act 2004 Decommissioning of Offshore Installations from Marine Scotland Licensing Operations Team (MS-LOT) on the 12th September 2019. This notice, together with Condition 3 of the Section 36 Consent and corresponding Marine Licence condition 3.2.1.3 (Offshore Wind Farm and OfTI) requires Moray West to submit, for approval by Scottish Ministers, a Decommissioning Programme (DP) setting out the measures to be taken in connection with the decommissioning of the offshore installations specified in Schedule 1 of the notice.
The onshore aspects of the Project (OnTI) and their associated decommissioning requirements fall under the Town and Country Planning (Scotland) Act 1997 and therefore are not considered within this DP.
This document constitutes an updated draft DP (from the version submitted with the Section 36 consent and Marine Licence applications) for the Development. Moray West has prepared this updated draft to give regulatory authorities and key stakeholders an opportunity to comment on proposals for how the infrastructure comprising the Moray West Offshore Windfarm and OfTI will be decommissioned.
Potential effects of the decommissioning proposals presented in this draft DP on the marine environment and other human activities have been informed by information presented in the Environmental Impact Assessment (EIA) Report (Volumes 1 to 4) submitted as part of the Section 36 Consent and associated Marine Licence(s) application. Any new or updated information made available post submission has also been taken into account. Moray West has prepared this draft DP in advance of the development design being finalised. Therefore, this draft DP presents design information available at the time of writing this document, and future revisions of the DP will provide refined description of items to be decommissioned.
In considering appropriate decommissioning provisions, Moray West have sought to adhere to the following key principles; safety for all at all times, consideration of the rights and needs of legitimate users of the sea, minimise environmental impact, adherence to ‘polluter pays’ principle, promote sustainable development, maximise the reuse of materials, commercial viability; and practical integrity.
The following key documents have also informed this draft DP:
- Decommissioning of offshore renewable energy installations under the Energy Act 2004: Guidance notes for industry (England and Wales), BEIS, March 2019;
- Decommissioning of Offshore Renewable Energy Installations in Scottish Waters or in the Scottish Part of the Renewable Energy Zone under the Energy Act 2004 Guidance notes for industry (in Scotland) – Scottish Government Consultation Draft (November 2019).
- OSPAR Guidance on Environmental Considerations for Offshore Wind Farm Development, 2008;
- Guidelines for Environmental Risk Assessment and Management – Green Leaves III, Defra, November 2011; and
- United Nations Convention on the Law of the Sea (UNCLOS), 1982.