Marine licensing and consenting: offshore renewable energy projects
Guidance for offshore renewable energy projects on marine licensing and consenting requirements that are administered by the Marine Directorate – Licensing Operations Team (MD-LOT) on behalf of Scottish Ministers.
Meeting arrangements with MD-LOT
MD-LOT meets with prospective applicants for offshore renewable energy projects throughout the pre-application stage. We do this to provide guidance on procedural regulatory matters and ensure that prospective applicants are familiar with their MD-LOT contacts. We engage in the following routine meeting types. Other meetings can be arranged but all meetings must have a clear focused aim and output in order to maximise the efficient and effective use of time.
Introductory meeting
We will arrange and chair a single introductory meeting when a prospective applicant comes forward with a project proposal. We will consider appropriate attendees for the meeting and produce a written record. The main purpose is to:
- allow prospective applicants to share details of proposed project design envelope, pre-application survey work undertaken to date and timelines associated with the route to application
- introduce case work teams and share contact details for the primary contacts
- provide an opportunity for MD-LOT to set out the regulatory processes relevant to the project along with key workstreams being undertaken by MD-LOT and wider directorates
- provide marine planning and policy teams an opportunity to set out the policy context for licensing decisions and relevant marine plans
Prospective applicants wishing to take part in an introductory meeting must ensure that they complete a “MD-LOT - Renewable energy project information form” (currently available on request). This form must be submitted to MD-LOT at least one week prior to the introductory meeting date.
Prospective applicants may wish to share this information with other stakeholders to assist them in planning their engagement.
Quarterly pre-application meetings
The pre-application stage is where:
- pre-application consultation and engagement is carried out by a prospective applicant, in line with best practice and legal requirements
- project parameters are refined
- Environmental Impact Assessment and Habitats Regulations Appraisal are carried out
- application materials are prepared
- other application documents (draft plans and mitigation proposals) are prepared
Following the introductory meeting, we offer, arrange and chair quarterly pre-application meetings. Quarterly pre-application meetings will enable MD-LOT to carry out workload planning and assist with understanding upcoming project activities.
Quarterly pre-application meetings provide prospective applicants with an opportunity to provide updated information on:
- the project design parameters
- advise on the progress of stakeholder meetings and engagement
- advise MD-LOT of upcoming activity (such as upcoming applications e.g. European Protected Species licence application for surveys)
- timescales (and the external factors influencing them) for important milestones in the route to application
MD-LOT will utilise quarterly pre-application meetings to advise in relation to regulatory functions which include:
- section 36 consents
- marine licensing
- European Protected Species licensing
- safety zone applications
- decommissioning programmes
We can also provide best practice advice for stakeholder engagement.
Prospective applicants must submit a completed or updated “MD-LOT - Renewable energy project information form” (currently available on request) to MD-LOT at least one week prior to the meeting. Prospective applicants are responsible for agreeing a written record of the meeting with all attendees within one calendar month.
The frequency of pre-application meetings may have to be increased at key stages. MD-LOT may agree to written requests from prospective applicants to hold more regular meetings where necessary.
Environmental impact assessment scoping workshops
An Environmental Impact Assessment (EIA) scoping workshop is an opportunity for prospective applicants to engage with stakeholders and access technical advice on environmental receptors. This to helps inform the EIA scoping report prior to submitting a request for an EIA scoping opinion. The following advice must be considered by prospective applicants when arranging EIA scoping workshops:
- it is the prospective applicant’s responsibility to organise the EIA scoping workshops. This includes arranging for the attendance of the relevant stakeholders, supplying all attendees with detailed background information and other communication materials, providing specific questions and topics for discussion, consider how information will be communicated and how feedback from stakeholders will be recorded
- it is the prospective applicant’s responsibility to take a detailed written record of the workshop, to be agreed with all attendees. The minute from the EIA scoping workshop must be finalised and distributed to all attendees within 20 working days of the EIA scoping workshop
- feedback during the EIA scoping workshop should be considered and incorporated into the EIA scoping report
EIA scoping workshops should be held at a time best suited to maximising the usefulness of any advice provided and can be held at any point leading up to the submission of the EIA scoping report. Suitable timing of the workshop is for the prospective applicant to consider. There should be sufficient time between the EIA scoping workshop and submission of the EIA scoping report, to allow advice provided to be incorporated in the EIA scoping report
MD-LOT will arrange to be accompanied by relevant advisers from the Marine Directorate
EIA scoping workshops often contain parallel breakout sessions to enable technical discussions on maters to be run in a time-efficient manner. Where prospective applicants or stakeholders need to attend more than one, prospective applicants should run the workshops to ensure that the suitable attendees are available.
Timescales for EIA scoping workshops
The following timescales should be followed when arranging EIA scoping workshops:
Engage stakeholders on suitable dates
At least 30 working days before the EIA scoping workshop.
The prospective applicant should engage with relevant stakeholders to arrange a suitable date for the EIA scoping workshop. A range of possible dates and time options should be given to stakeholders. We recommend a minimum number of options as five days that span across two weeks.
Confirm date of EIA workshop and provide relevant information
At least 20 working days before the EIA scoping workshop.
The prospective applicant should send an invite confirming the date of the EIA workshop to all stakeholders. To avoid the risk of diaries being double booked, it is important to send confirmation early. Relevant documentation and communication materials (e.g. interim reports, aerial surveys, other information required for communicating with stakeholders) which pertain to the EIA Scoping Workshop should be sent at the time of sending the confirmation.
Distribute discussion points and proposed questions to stakeholders
At least 10 working days before the EIA scoping workshop.
The prospective applicant should distribute discussion points and proposed questions to stakeholders to allow adequate preparation for the EIA scoping workshop.
Send EIA scoping workshop agenda
At least 5 working days before the EIA scoping workshop.
Prospective applicant to send workshop agenda to stakeholders. The workshop should provide an overview of the project aimed at all stakeholders. Parallel breakout sessions on specific topics can considered to enable technical discussions on maters to be run in a time-efficient manner. However it should be ensured that the agenda is timed to enable stakeholders to attend all sessions relevant to them, for example in instances where stakeholders need to attend more than one technical breakout session. When closing the workshop a summary of the day should be provided and information on what will happen next.
Minutes of workshop distributed to all attendees
Within 20 working days of the EIA scoping workshop.
It is the prospective applicant’s responsibility to take a detailed written record of the meeting, to be agreed with all attendees. The minute from the EIA Scoping Workshop must be finalised and distributed to all attendees within 20 working days of the EIA scoping workshop.
After the EIA scoping workshop
Following the EIA scoping workshop, if applicable, we will follow up on any outstanding points assigned to the Marine Directorate.
Following the request for an EIA scoping opinion (scoping report), we will consult on the scoping report prior to adopting an EIA scoping opinion. Engagement during this period will be limited until the adoption and provision of the scoping opinion.
Note that following the submission of the EIA scoping report, we will not hold additional EIA scoping workshops.
Application stage meetings
We do not encourage meetings between the applicant and MD-LOT during the consideration of an application. Meetings can be arranged when issues arise or where meetings are considered by MD-LOT to be the best way to seek clarifications following consultation.
Habitats Regulations Appraisal (HRA) derogation case meeting
Meetings to discuss matters relating to HRA derogation cases may be required and will be arranged on a case by case basis where requested by the prospective applicant. These may occur both prior to and post application submission. These meetings may discuss matters relating to procedure and process, satisfactory alternatives, imperative reasons of overriding public interest (IROPI) and compensatory measures.
EIA scoping opinion clarification meetings
Where a prospective applicant requires clarification on any of the advice provided in the EIA scoping opinion, the prospective applicant should address these to MD-LOT in writing. We will arrange EIA scoping opinion clarification meetings only when we consider that a meeting is required following the provision of a written statement of clarification.
For the avoidance on doubt, EIA reports should be based on any EIA scoping opinion issued by MD-LOT. MD-LOT must consult with the EIA “consultation bodies” prior to coming to an EIA scoping opinion and EIA regulations do not contain provision to vary EIA scoping opinions. Therefore, EIA scoping opinion clarification meetings are an opportunity to seek clarity on the content of a EIA scoping opinion and not a method to vary an opinion already provided.
Post-consent meetings
Post-consent meetings have no formal structure or frequency. Post-consent meetings are available for licensees to provide relevant updates on any upcoming works, seek procedural advice from MD-LOT or discuss strategy for seeking multi-stage regulatory consent / approval. The regularity of these meetings will be agreed between licensees and MD-LOT on a case by case basis.
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