Ahorro en gestión de la carga

the UK, DK, the EU and Hong Kong

The European Union:

• Management of Environmental impacts in the EU is through strategic planning of Renewable Energy development by conducting early Environmental Assessment under the SEA and EIA, as well as the Habitats Directives, and ensuring compliance with the applicable Environmental legislation.

• The Birds Directive (2009/147/EC) establishes protection for birds and minimize avian mortality because of offshore wind projects. The Directive requires Member States to designate Special Protection Areas (SPAs), particularly for threatened and migratory species of birds.

• The Habitats Directive (92/43/EEC) ensures conservation of rare, threatened and endemic species, including marine species, and enables protection of 450 animals, 500 plants and some 200 rare and characteristic habitat types. It provides a high level of safeguards against potentially damaging developments.

• Central to the two Directives is the creation of the Natura 2000 Network, an ecological network of sites spanning 27 EU countries. Nearly 26,000 sites are included in the Network so far, covering almost 18% of the EU’s land area. There are additionally significant marine areas but this component of the Network is not yet complete. • Wind farms likely to have an adverse effect on a Natura 2000 site

must be subject to an Appropriate Assessment in light of the site’s conservation objectives. Such developments may proceed under certain conditions where the procedural safeguards foreseen by the two nature Directives are respected. New wind farm plans and projects may also be subject to the provisions of the SEA and the EIA Directives but these are distinct and different from the Appropriate Assessment undertaken under the Habitats Directive.

• Geographical extent of applicability of regional legislations: As part of strategic planning, wildlife sensitivity maps will are required to be established by member states. These help avoid potential conflicts with the provisions of article 5 of the Birds Directive and 12&13 of the Habitats Directive as regards the need to protect species of EU importance throughout their entire natural range within the EU (ie also outside N2000 sites).

The United Kingdom:

• As mentioned earlier the UK’s regulatory requirements for OWE projects have been adopted from EU directives which also includes the EIA Directive (2014/52/EU). A number of legally binding legislations including the ones listed in Table 2.1.

• The management of impacts is from OWE projects is through consent conditions prescribed under the licenses granted by nodal agencies. However, specific regulations for managing critical impacts on Water quality, marine ecology, fisheries, and for decommissioning have been established in the UK.

• Northern Ireland has established specific laws pertaining to manage offshore projects and conserve marine habitats. The project proponent is required to adhere to legal requirements mandated under Marine and Coastal Access Act 2009, Conservation of Habitats and Species Regulations 2010 (as amended till date), the Offshore Marine Conservation (Natural Habitats, & C.) Regulations 2007 (as amended till date), and the Water Framework Directive (WFD).

• In Wales the decommissioning of projects under Energy Act, 2004 is supervised by the Department for Business, Energy and Industrial Strategy (DBEIS).

• Geographical extent and applicability of regional legislations: The Renewable Energy Zone was declared under section 84 of the Energy Act 2004. It extends up to a maximum of 200 nautical miles from the

baseline. The UK has claimed exclusive rights in this area with respect to production of energy from water or winds, within an area to be designated by Order in Council. Additionally, the UK has also claimed rights in relation to a similar area (the UK pollution zone) in relation to the protection and preservation of the marine

environment, under the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996 and 1997.

Denmark:

• Denmark has transposed EU Directives into national legislation that deal with SEA, EIA and nature protection;

• In relation to OWE projects, the requirements of the EIA Directive are transposed into national regulations through the Renewable Energy Act and Executive Order 68/2012 on EIA of offshore electricity producing installations apply;

• In relation to protection of habitats and species of European importance, the requirements of the Habitats Directive and Birds Directive are transposed through a combination of Executive Order 408/2007, the Renewable Energy Act and the Natura Protection Act. The requirements of the Directives as set out under The European Union below apply.

Hong Kong:

• Hong Kong has established several specific regulatory requirements outlined for managing impact on water quality, waste generation (both hazardous and non-hazardous waste), terrestrial ecology, marine ecology, fisheries, landscape and visual impacts, and cultural heritage for both onshore and offshore activities. The same have been elaborated in detail in Section 4.3. The EIA Ordinance is the

governing legislation that establishes legally binding requirements for managing measures environmental impacts arising from Offshore Wind projects.

Provisions in India and gaps

Environmental impacts in the Indian context are managed through pertinent regulatory requirements. These regulations to a large extent establish environmental standards for onshore activities. For Offshore activities due consideration will have to be given to requirements outlined in the international conventions. Requirements regime for OWE projects in the Indian context is not comparable to the international context. UK, DK, EU and Hong Kong have established specific legislations for

environmental management. These have been presented above. Some key findings in the Indian context include the following:

• Regulatory requirements specifically concerned with OWE projects like the Birds Directive and the Habitats Directive have not been established in the Indian context. However, the following onshore regulatory requirements and international conventions, which India is a party to, for managing environmental impacts offshore are

available:

• For water quality and waste management: Applicable law for onshore activities include The Water (Prevention & Control of Pollution) Act, 1974 (The Water Act), as amended and for waste management include Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. Applicable international conventions that may be of relevance include United Nations Convention on the Law of the Sea, International Convention for the Prevention of Pollution from Ships, International Maritime Dangerous Goods Code

International Convention for the Prevention of Pollution from ships. • For terrestrial ecology The Wildlife Protection act, 1972 and The

Forest (Conservation) Rules, 2003, as amended are applicable. International conventions The Convention on Biological Diversity (CBD) will also be applicable

• For marine ecology management Bonn Convention on the Conservation of Migratory Species of Wild Animals (CMS) are applicable.

• Hong Kong has established strict regulatory requirements for managing landscape and visual impacts associated with OWE Projects given the small size and high population density of Hong Kong. This will not be applicable in the Indian context if the turbine

installations are beyond the visibility range. However, Nil regulatory requirements / guidance documents have been established for visual impacts arising from offshore wind farm installations. Also India has not established any regulatory requirements / standards for visual impacts arising from onshore wind energy projects.

• Cultural heritage impacts will be covered under regional acts

established under Convention Concerning the Protection of the World Cultural and Natural Heritage. However, no regulatory

requirements/ guidance documents have been established for impacts on marine archaeological and historic resources arising from offshore wind farm installations.

• With respect to decommissioning of OWE projects, The National Offshore Wind Energy Policy requires a detailed decommissioning plan to be submitted as part of the EIA. It is expected that the same will be approved and covered under the EC. However, formal procedures and administrative framework for decommissioning of OWE projects have not been established.

• Although the Government of India has not established specific regulatory regimes for environmental management of impacts associated with OWE projects, provisions for such projects under CRZ notification, 2011 and The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 have been established. As per 3(i)(c) of CRZ, OWE projects are required to obtain a clearance from the SCZMA. However, this is applicable for activities within the territorial waters (up to 12 nm) of India.

• Additionally, Section 4(a) of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 establishes, India’s sovereign rights for conservation and

management of natural resources, both living and non-living as well as for producing energy from tides, winds and currents. Furthermore, as per provisions under 6(b)(ii) and 6(b)(iv) of this act, the Central Government of India may, by notification in Official Gazette, can make provisions as it may deem necessary for activities concerning with production of energy from tides, winds and currents and for protection of marine environment respectively.

5.2 RECOMMENDATIONS

With respect to gaps identified in Section 5.1, the following recommendations for revisions in India’s regulatory framework and in technical matters should be considered for implementation: