Recommendations on EIA
Framework and Consenting
Process
About FOWPI
The First Offshore Wind Project of India (FOWPI) is part of the “Clean Energy Cooperation with India" (CECI) programme, funded by the European Union (EU). The programme aims at enhancing India's capacity to deploy low carbon energy production and improve energy efficiency, thereby contributing to the mitigation of global climate change. Project activities will support India's efforts to secure the energy supply security, within a well-established framework for strategic energy cooperation between the EU and India.
FOWPI is defined as a 200MW offshore wind farm near the coast of Gujarat, 25km off Jafarabad. The project scope focus is on preliminary investigations and advisory for the windfarm including wind turbine foundation, electrical network, environmental scoping, financial modelling and other relevant technical studies. FOWPI uses the outputs from Facilitating Offshore Wind in India (FOWIND) project (2013-2018) also supported by the European Union. FOWIND and FOWPI bring the vast experience of European countries in offshore wind, to support India with the creation of a national knowledge centre and with technical support for setting up the first offshore wind-farms.
FOWPI is led by COWI A/S (Denmark) with key support from WindDForce Management Ltd. (India). The project is implemented in close collaboration with the European Union, the Ministry of New and Renewable Energy- India (MNRE) and National Institute of Wind Energy- India (NIWE).
Contract: No 2015/368469 Start 01-2016 Duration: 42 months
Disclaimer
This publication was produced with the financial support of the European Union for illustrative purposes only. Contents do not necessarily reflect the views of the European Union, or endorsements towards any particular project, product or service provider. The EU and authors provide no warranties or undertakings and are not liable for any type of loss of loss or damage, direct or indirect, resulting from the use of the information contained in the report.
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About the European Union
The Member States of the European Union have decided to link together their know-how, resources and destinies. Together, they have built a zone of stability, democracy and sustainable development whilst maintaining cultural diversity, tolerance and individual freedoms. The European Union is committed to sharing its achievements and its values with countries and peoples beyond its borders.
The 14th annual Summit between India and the European Union (EU) was held in New Delhi on 6 October 2017. Both sides adopted a Joint Statement on Clean Energy and Climate Change, reaffirmed their commitments under the 2015 Paris Agreement, and agreed to co-operate further to enhance its
implementation. India and the EU noted that addressing climate change and promoting secure, affordable and sustainable supplies of energy are key shared priorities and welcomed the progress on the Clean Energy and Climate Partnership, adopted at the 2016 EU-India Summit, and reiterated their commitment to its implementation and further development. In particular the EU is committed to continue cooperation in view of the cost-effective development of offshore wind in India.
Acknowledgements
FOWPI is grateful for the support provided by European Union (EU), Ministry of New and Renewable Energy- India (MNRE), National Institute of Wind Energy- India (NIWE), and the Wind Industry.
Contact information
FOWPI Project Management
C/o Per Vølund, COWI A/S
Parallelvej 2, 2800 Kongens Lyngby Denmark
FOWPI Project Secretariat
C/o Nikhilesh Singh, WinDForce Management Services Pvt. Ltd. Unit No: 408- 4th Floor Tower B,
Unitech Business Zone, Sector-50, Golf Course Extension Road, Gurugram, Haryana – 122008 India
www.fowpi.in [email protected]
Environmental Scoping Report and
Consent Register
Version No. Document Released DateEdited By Modified Sections Reason for Changes
6
Recommendations on Framework for
EIA and Consenting Process (Task 5)
Submitted as part of
Environmental Impact Assessment Scoping Study for 200 MW First Offshore Wind Project of India (FOWPI): Gulf of
Khambat, India
2018
www.erm.com
This page is a record of revisions in this document. All previous issues are hereby superseded.
Project Recommendations on Framework for EIA and Consenting Process (Task 5)
Client COWI India Private Limited Project Number 0443131
Version 1.0
Document Summary
This report presents the reporting of the Recommendations on Framework for EIA and Consenting Process, submitted as part of Environmental Impact Assessment Scoping Study for 200 MW First Offshore Wind Project of India (FOWPI): Gulf of Khambat, India
Document preparation Review Sai Pranit, Peter Wright, Naval
Chaudhary
CONTENTS
1 EXECUTIVE SUMMARY 1
1.1 INTRODUCTION AND BACKGROUND 1
1.2 ASSESSMENT OF REGULATORY FRAMEWORKS AND ASSOCIATED GAPS 1
1.2.1 Categorization of OWE Projects, and conducting EIA for Permit/ Clearance 1
1.2.2 Nodal Agencies for Management of EIA process 3
1.2.3 Regulatory requirements for managing Environmental Impacts 3
1.3 RECOMMENDATIONS OF THE STUDY 6
1.3.1 Potential amendments to EIA Notification: 6
1.3.2 Specific regulatory changes concerned with OWE projects and Technical
guidance documents 6
1.3.3 Facilitation to project developers in getting clearances from concerned
Ministries/Departments 7
2 INTRODUCTION AND BACKGROUND 8
2.1 PREFACE 8
2.2 RATIONALE BEHIND THE REVIEW 8
2.2.1 Consenting related risks 9
2.2.2 Risks concerned with Environmental and Social Impact Assessment 9
2.3 SCOPE 9
2.4 OTHER CONSIDERATIONS OF THE REVIEW 10
3 REGULATORY FRAMEWORKS AND RESPONSIBLE NODAL AGENCIES
FOR MANAGING OWE PROJECTS IN THE UK, DENMARK, THE EU AND
HONG KONG 11
3.1 EUROPEAN UNION (EU) 11
3.2 UNITED KINGDOM (UK) 12
3.2.1 EIA process and consenting requirements in the UK 13
3.2.2 England 15
3.2.3 Northern Ireland 15
3.2.4 Scotland 16
3.2.5 Wales 16
3.3 DENMARK (DK) 17
3.3.1 EIA Process and consenting requirements in DK 17
3.3.2 Specific applicable regulations in DK 18
3.4 HONG KONG 18
3.4.1 EIA process and consenting requirements in HK 18
3.4.2 Specific applicable regulations in HK 21
3.5 SUMMARY OF INTERNATIONALLY ESTABLISHED EIA LEGISLATIVE PROCESS 23 3.5.1 Categorization of OWE Projects, and conducting EIA for Permit/Clearance 23
3.5.2 Nodal Agencies for Management of EIA process 24
3.5.3 Specific Regulatory requirements for managing Environmental Impacts 25 3.5.4 Summary of Responsibilities at Different Project Stages 27
4.1 EIA& CONSENTING PROCESS AND REGULATORY REQUIREMENTS 28 4.1.1 The Environment (Protection) Act, 1986 and the Environmental Impact
Assessment Notification, 2006 & 2010 28
4.1.2 Categorization of project activities 28
4.1.3 Stages of Environmental clearance process 30
4.2 COASTAL REGULATION ZONE (CRZ)NOTIFICATION 32
4.3 ENVIRONMENTAL REGULATIONS IN INDIA RELEVANT TO OWEPROJECTS 34
4.4 POLICY ON OWE PROJECTS BY THE GOVERNMENT OF INDIA 35
4.4.1 Vision of the NOWEP 35
4.4.2 Objectives of the NOWEP 36
4.4.3 Nodal Agency for managing OWE Projects 36
4.4.4 Geographical coverage and Maritime Zones 38
4.4.5 Other implementing and monitoring agencies 38
4.4.6 Environmental management for OWE Projects 38
4.5 RELEVANT SECTORS OF SIGNIFICANCE FOR CONSIDERATION 39
4.5.1 EIA for Onshore wind projects 39
4.5.2 EIA in relation to Oil and Gas 39
4.5.3 EIA in relation to Ports and Harbours 40
4.6 INTERNATIONAL CONVENTIONS OF INTEREST FOR OWE PROJECTS 40 4.7 OTHER GOOD INTERNATIONAL INDUSTRY PRACTICES OF RELEVANCE 42 4.7.1 The World Bank Group EHS Guidelines for Wind Energy, 2015 42 4.7.2 The IFC/ World Bank EHS Guidelines for Electric Power Transmission and
Distribution, 2007 43
5 GAP ASSESSMENT AND RECOMMENDATIONS 44
5.1 GAP ASSESSMENT 44
5.1.1 Categorization of OWE Projects, and conducting EIA for Permit/Clearance 44
5.1.2 Nodal Agencies for Management of EIA Process 45
5.1.3 Regulatory requirements for managing Environmental Impacts 46
5.2 RECOMMENDATIONS 48
5.2.1 Potential amendments to EIA Notification: 48
5.2.2 Specific regulatory changes concerned with OWE projects and Technical
guidance documents 49
5.2.3 Facilitation to project developers in getting clearances from concerned
LIST OF TABLE
Table 3.1 EIA Regulations for OWE projects in the UK 14
Table 4.1 Environmental regulations applicable in India 34
Table 4.2 International conventions relevant to OWE projects in the Indian context 40
LIST OF FIGURE
Figure 3.1 EIA Process in the UK 13
Figure 3.2 Competent authorities and consenting requirements in the UK 14
Figure 3.3 The Statutory Environmental Impact Assessment Process – Hong Kong 20
Figure 3.4 Permitting Stages and Responsibilities in Four Countries 27
Figure 4.1 Environmental Clearance process for Activities under Category A 29
Figure 4.2 Timelines for Environmental Clearance process in India 31
Figure 4.3 CRZ clearance process 33
Figure 4.4 Functions of MNRE 37
ANNEX
ABBREVIATIONS
Abbreviation Full form
ALARP As Low As Reasonably Practical
BSH Federal Maritime and Hydrographic Agency of Germany CBD Convention of Biological Diversity
CMS Conservation of Migratory Species CRZ Coastal Regulation Zone
CSTEP Centre for Study of Science, Technology and Policy CTU Central Transmission Utility
DAERA Department of Agriculture, Environment and Rural Affairs DBEIS Department for Business, Energy and Industrial Strategy
DEA Danish Energy Agency
DML Deemed Marine License
EAC Expert Appraisal Committee
EC Environmental Clearance
EEZ Exclusive Economic Zone EHS Environment, Health and Safety EIA Environmental Impact Assessment
EIAO Environmental Impact Assessment Ordinance
EIAO-TM Technical Memorandum on Environmental Impact Assessment Process EPC Engineering Procurement Construction
EPS European Protected Species
ES Environmental Statement
ESIA Environmental and Social Impact Assessment
EU European Union
FOWIND Facilitating Offshore Wind in India GIIP Good International Industry Practice
GN Guidance Note
GPCL Gujarat Power Corporation Limited GWEC Global Wind Energy Council
HKPSG Hong Kong Planning Standards and Guidelines
HTL High Tide Line
ICB International Competitive Bidding
IMDG-Code International Maritime Dangerous Goods Code JNCC Joint National Conservation Committee
LTL Low Tide Line
MARPOL International Convention for the Prevention of Pollution from Ships M&CA Maritime and Coastguard Agency
MDF Marine Strategy Framework MFRA Marine Fishing Regulation Act MMO Marine Management Organisation MNRE Ministry of New & Renewable Energy MoD Ministry of Defence
MoEF&CC Ministry of Environment, Forests, and Climate Change MS-LOT Marine Scotland Licensing Operations Team
MSP Maritime Spatial Planning
NAPCC National Action Plan on Climate Change NELP New Exploration Licensing Policy NIEA Northern Ireland Environment Agency NIWE National Institute of Wind Energy NOC No Objection Certificate
NOWEP The National Offshore Wind Energy Policy NRW Natural Resources Wales
NSIP Nationally Significant Infrastructure Projects OFTP Offshore Transmission Owner
ORE Offshore Renewable Energy
Abbreviation Full form
PIC Prior Informed Consent PINS Planning Inspectorate
RVO Netherlands Enterprise Agency SAC Special Areas of Conservation SCZMA State Coastal Management Authority SEA Strategic Environmental Assessment
SEIAA State Environmental Impact Assessment Authority SEPA Scottish Environment Protection Agency
SNH Scottish Natural Heritage
SOLAS International Convention for Safety of Life at Sea SPA Special Protection Areas
SPCB State Pollution Control Board STU State Transmission Utility TSO Transmission System Operator
UK United Kingdom
UNCLOS United Nations Convention on the Law of the Sea WFD Water Framework Directive
WISE World Institute of Sustainable Energy WPCO Water Pollution Control Ordinance
1 EXECUTIVE SUMMARY
1.1 INTRODUCTION AND BACKGROUND
Offshore Wind Energy (OWE), is in its early stage of demonstration in India. Permitting process for Environmental Clearance (EC) have been outlined under the Environmental Impact Assessment (EIA) Notification, 2006 and amendments thereof, have been established for various industries. However, the same has not been initiated for OWE projects by the Government of India. In the Indian context, the Facilitating Offshore Wind in India (FOWIND) project, established in 2013, led by Global Wind Energy Council (GWEC) is being implemented by a consortium of partners. According to the pre-feasibility study and qualitative risk assessment study for OWE project in Gujarat and Tamil Nadu the following key risks associated with consenting process and EIAs were identified.
a) Uncertainty of the regulatory regime; and b) Uncertainty on the outcome of the ESIA.
In order to address the above risks, this report has:
• Presented a review of legally binding requirements associated with EIAs for OWE projects from the EU, UK, Denmark and Hong Kong;
• Established the provisions and EIA regime in the Indian context and assesses gaps whilst comparing the same with internationally established frameworks; and
• Subsequently, outlined recommendations for the EIA and consenting process for OWE projects in India.
Section 1.2.1 through Section 1.2.3 identifies key gaps whilst comparing
internationally established frameworks (specifically in the EU, UK, Denmark, and Hong Kong). Section 1.3 outlines key recommendations of the study based on the assessment made in Section 1.2.
1.2 ASSESSMENT OF REGULATORY FRAMEWORKS AND ASSOCIATED GAPS
1.2.1 Categorization of OWE Projects, and conducting EIA for Permit/ Clearance Provisions in
the UK, DK, the EU and Hong Kong
• The European Union: The 2011/92/EU EIA Directive sets out the
procedure that must be followed before approval is granted for a range of plans and projects, defined in Annexes I and II of the
Directive. The categorization of projects have been conducted as per a) characteristics of project, b) location of projects (i.e. environmental sensitivity of project locations), and c) significance of impacts. Owing to significance of impacts, Annex I projects have a mandatory requirement for EIA study to be conducted. However, depending on potential and magnitude of impacts on the environment for Annex II projects, requirement for conducting an EIA is at the discretion of the competent authority. The OWE projects are covered under Annex II of the directive and the regional authorities ultimately decide whether EIA is to be conducted.
• The United Kingdom: OWE projects in the UK context have been
categorized as per Scale and Significance of operations and legally binding restrictions have been established. For example in England, two regimes for consenting renewable energy projects (which includes OWE projects) have been established based on the scale of the project for obtaining Environmental Permit. The categorization is either under Nationally Significant Infrastructure Projects (NSIPs) (i.e. OWE projects above 100 MW capacity) (or) OWE projects below 100 MW capacity. The requirements of each of the respective regulations, as outlined in Table 2.1, are similar and are applicable across all other Offshore Renewable Energy (ORE) projects that require an EIA. It needs to be noted that NSIPs in England and Wales are subject to different approval process. Despite the difference in the overall consenting regime, the key steps in the EIA process for NSIPs remain largely the same.
• Denmark: Two separate routes to bring OWE projects to fruition exist.
The first is a government call for tenders, for site of specific scale and geographic footprint. The second is an open door procedure where a developer identifies a proposed site and submits a proposal for development, including preliminary investigations. All offshore projects developed in Denmark to date have been through a
government tender. In both cases, an initial screening of the proposed project is undertaken by the Danish Energy Agency to determine if an EIA is required: all OWE projects to date in Denmark have required an EIA.
• Hong Kong: In Hong Kong’s context, permitting for EIA ordinance,
1998 governs environmental management of projects in the country. The EIA ordinance has established a list of “Designated Projects” based on the significance of adverse impacts. ‘Designated projects’ specified under Schedule 2 of the EIA Ordinance, unless exempted, are required follow the statutory Environmental Impact Assessment (EIA) process and obtain Environmental Permits for Construction,
Operation, and Decommissioning (if applicable). Designated projects specified under Schedule 3 of the Ordinance require approved EIA reports but do not require Environmental Permits. OWE projects are categorized under Part I (D) of Schedule 2 projects and require Environmental Permit to be obtained by conducting an EIA study. Provisions in
India and relevant gaps for EIA and consenting process
• In the Indian context, the projects are categorized as per EIA
Notification, 2006. All projects and activities are broadly categorized in to two categories - Category A and Category B, based on the spatial extent of potential impacts and potential impacts on human health and natural and man-made resources. This process is comparable with internationally adopted processes as outlined above (EU, UK and Hong Kong), and considered adequate.
• However, the EIA notification has not (till date) clearly assessed the Spatial extent and potential impacts for the Offshore Wind Energy projects and established the OWE industry’s Categorization. The process for EIA and grant of Environmental Clearance in India depends on the type of categorization. It is to be noted that all projects or activities included as Category ‘A’ in the Schedule, including expansion and modernization of existing projects or activities and change in product mix, shall require prior environmental clearance from the Central Government in the Ministry of Environment, Forest and Climate Change (MoEF&CC) on the recommendations of an Expert Appraisal Committee (EAC). Comparatively, Category B projects require prior environmental clearance from the State/Union territory Environment Impact Assessment Authority (SEIAA). • Furthermore, as with other nations in South East Asia, some of India’s
offshore projects are extended different permits depending on the stage of the project. For example, offshore Oil and Gas sector is required to follow a two stage process, one for “exploration” and another for ”development”. It is not known whether the OWE sector will be required to follow the same process.
1.2.2 Nodal Agencies for Management of EIA process Provisions in
the UK, DK, the EU and Hong Kong
• The European Union: EU member states have transposed the
Renewable Energy Directive in their respective national legislation and designated appropriate agencies for implementation.
• The United Kingdom: All counties in the UK have designated nodal
agencies that are authorized to extend environment related licenses and clearances to OWE projects. Marine Management Organization in England (MMO), Department of Agriculture, Environment and Rural Affairs in Northern Ireland, Marine Scotland Licensing Operations Team in Scotland, and Natural Resources Wales in Wales are the designated authorities for approving EIAs and issuing approvals for OWE projects.
• Denmark: The Danish Energy Agency are the competent authority for
OWE projects, with the mandate to plan for and issue licences and approvals for projects. The Danish Energy Agency act as a one-stop shop for developers, providing a single point of contact for liaison with all other relevant authorities and agencies to increase the
efficiency and speed of processing applications. As a result, the Danish Energy Agency coordinates with other agencies including the Danish Nature Agency, the Danish Maritime Authority, the Danish Coastal Authority, the Danish Agency for Culture and the Ministry of Defence and includes relevant terms and conditions from these agencies in the final permits.
• Hong Kong: The director or the Environmental Protection Department
is the sole authority. All environment related clearances are supervised directly by this authority.
Provisions in India and relevant gaps for establishing Nodal agencies which will be responsible for consent processing
• NIWE is presently the sole authority for managing OWE projects. However, formal procedures for application process has not been established. Unlike Denmark, NIWE has not proposed any specific ‘one-stop shop’ approach, where NIWE acts single point of contact between developers and all relevant authorities to increase the efficiency and speed of processing applications. As the MoEF&CC is the nodal agency for issuing Environmental Clearances, it is unclear whether the application will be directed through NIWE to MoEF&CC. • Scale of projects have been outlined internationally and appropriate
legal requirements have been set up. However, in the Indian context Project Classification (Category A or B in line with EIA notification) for OWE projects has not been defined. CRZ Notification has been established and clearance will have to be obtained by OWE projects. However, since the categorization of OWE projects is not complete, it is not clear whether the clearance will be issued by the SEIAA or the MoEF&CC.
1.2.3 Regulatory requirements for managing Environmental Impacts Provisions in
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 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.
1.3 RECOMMENDATIONS OF THE STUDY
With respect to gaps identified in Section 1.2, the following recommendations for revisions in India’s regulatory framework and in technical matters are proposed for consideration:
1.3.1 Potential amendments to EIA Notification:
• It is recommended that a formal framework for obtaining environmental clearance should be established. The framework should outline the extent of applicability of EIA notification, i.e. establish if a combined clearance will be extended for both ”site survey” and “development” or will be undertaken separately.
• Classification of OWE projects along with scale of the project under
Category A / Category B should be defined. This will help establish which nodal authority (either MoEF&CC or SEIAA) will be responsible for the EIA and clearance process.
• In this regard the MoEF&CC can exercise its powers for “imposing certain restrictions and prohibitions on new projects or activities, or on the
expansion or modernization of existing projects or activities based on their potential environmental impacts” under sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986.
1.3.2 Specific regulatory changes concerned with OWE projects and Technical guidance documents
• The Central Government should, through consultations with the nodal agency, in this case NIWE, consider declaring (based on feasibility studies, FOWIND reports etc., and EIA studies) designated areas for:
o economic exploration, exploitation of such areas for OWE projects; and o protection of marine environment in such area.
• Provisions for guidance to conduct EIAs for OWE projects should be established through powers vested under MNRE and NIWE with due consideration to internationally available regulatory standards and international conventions. Synergies exist between Offshore Oil and Gas projects and for Ports and Harbours projects; overlapping activities between these sectors and OWE projects and associated impacts can be managed in a similar manner. However, measures prescribed under guidelines and standards for managing sector specific impacts associated with OWE projects should be adopted (to the extent possible) in the
technical guidance document. References include the Birds directive, the Habitats directive along with other international conventions to which India is a party of, and World Bank Group Guidelines.
1.3.3 Facilitation to project developers in getting clearances from concerned Ministries/Departments
NIWE is presently the central authority managing OWE projects. As
MoEF&CC is the nodal agency for issuing Environmental Clearances, it can be expected for applications to be directed through NIWE to MoEF&CC. The formal framework for the application process should be outlined.
Furthermore, measures for providing a one-stop-shop solution, where NIWE acts single point of contact between developers and all relevant authorities should be considered to increase the efficiency and speed of processing applications.
2 INTRODUCTION AND BACKGROUND
2.1 PREFACE
Offshore Wind Energy (OWE), is in its infancy and demonstration stages in India. Industrial sectors have been Categorized and permitting process for Environmental Clearance (EC) requirements under the Environmental Impact Assessment (EIA) Notification, 2006 and amendments thereof, have been established, however, the same has not been initiated for OWE projects by the Government of India.
In order to establish recommendations on framework for EIA and consenting process for OWE projects, this report presents a review of legally binding requirements associated with EIAs for OWE projects from the European Union (EU), the United Kingdom (UK), Denmark and Hong Kong. This report also presents the requirements established in country specific frameworks as part of consenting process for offshore projects and subsequently assessed against existing legal requirements in India (e.g. EIA notification and Coastal Regulation Zone (CRZ) notification etc.). Gaps in this regard have been identified and recommendations for the EIA and consenting process for OWE projects have been outlined.
2.2 RATIONALE BEHIND THE REVIEW
Whilst planning for OWE projects, decisions concerning potential actions for smooth implementation need to be considered. The uncertainty associated with business activity may pose risks.
In the Indian context, the Facilitating Offshore Wind in India (FOWIND) project, established in 2013, is being implemented by a consortium of
partners1. The same is led by Global Wind Energy Council (GWEC). FOWIND
has completed a pre-feasibility study for OWE project in Gujarat and Tamil Nadu. A high level qualitative risk assessment of technical risks associated with OWE projects was conducted as part of the pre-feasibility study. The risk criteria are defined below, whereas risks associated with consenting process and EIAs are summarised in Section 2.2.1 and Section 2.2.2.
Risk level Action required
Low. Low risk level. No risk mitigations required. Check that no other risks can be eliminated.
Medium. Risks identified that will require mitigation measures. This required reductions of risks As Low As Reasonably Practical (ALARP). Alternative methods need to
1 The consortium partners include the Centre for Study of Science, Technology and Policy (CSTEP), DNV GL, the Gujarat Power Corporation Limited (GPCL) and the World Institute of Sustainable Energy (WISE). National Institute of Wind Energy (NIWE) joined the consortium as knowledge partner on 15th June 2015. Additional details can be retrieved from http://www.fowind.in/
Risk level Action required
be adopted and if alternatives are not available, other precautions may be adopted.
High. Potential major impact. Mitigation required is significant. Alternative solutions are to be sought or if alternatives are not available, other precautions to be adopted
Source: http://www.fowind.in/publications/report
2.2.1 Consenting related risks
Risk Description Consequences Mitigation
Uncertainty of the regulatory regime Medium.
There is currently no offshore wind permitting and consenting regime for the Exclusive Economic Zone (EEZ) in India. This leads to a number of uncertainties with regards to the consenting schedule and technical requirements for off- and onshore
construction.
This uncertainty may cause delays in the approval process and/or the installation process with financial consequences on the overall project budget.
A proper defined permitting and consenting process based on suitable regulatory framework forms the basis for any offshore wind development and needs to be setup upfront
Source: http://www.fowind.in/publications/report
2.2.2 Risks concerned with Environmental and Social Impact Assessment
Risk Description Consequences Mitigation
Uncertainty on the outcome of the ESIA Medium.
Construction activities in breeding and feeding seasons may impact marine life. Specific requirements / guidelines in this regard have not been captured as part of the EIA regulatory process (please refer Section
4 for details)
The occurrence of migrating birds and marine mammals in the proposed offshore wind farm zones can have significant consequences on the construction schedule and the installation methodology, e.g. piling with noise mitigation measure could be required.
The impact on migration of birds and marine mammals can be mitigated by programming construction activities suitably.
Source: http://www.fowind.in/publications/report
This report therefore, has attempted to address the identified risks by
understanding regulatory requirements for OWE projects in the international and in the Indian context and establishing recommendations for EIA and consenting process.
2.3 SCOPE
The scope of this review is restricted to regulations in force and prescribed standards in use in the UK, Denmark, Europe and Hong Kong region. The review focuses on differences in legal / conceptual aspects and subsequently recommends practically adoptable actions in the Indian context.
2.4 OTHER CONSIDERATIONS OF THE REVIEW
The parameters included within an EIA study depend on the nature of the project along with a number of site-specific components. For the purpose of this review, EIA guidance document for OWE Projects in the UK1, the EU,
Denmark and Case study2 of EIA in Hong Kong’s context have been referred
in order to establish a typical list of parameters specific (primarily concerning offshore activities) to OWE projects considered as part of EIAs. These include: • coastal marine processes/geology;
• water and sediment quality; • ecology;
o marine ecology including benthic habitats and species; o fish, migratory fish and shellfish;
o marine mammals and turtles;
o ornithology;
• nature conservation, protected areas and species; • commercial and recreational fisheries;
• commercial and recreational navigation; • marine archaeology and cultural heritage; • coast protection and flood defence;
• landscape/seascape and visual;
• other sea users (e.g. oil and gas; subsea pipelines; dredging and marine aggregate extraction, tourism and recreation, aviation, military activity, munitions);
• traffic and transport; • air quality; and
• noise and vibration (in-air and underwater). This report attempts to:
• assess legislations / legally binding requirements that help manage environmental impacts associated with OWE projects (as outlined above); and
• address risk concerned with uncertainty of outcomes of the EIA process in India (refer to Section 2.2.2) by comparing existing legal requirements against the legal processes established internationally, specifically in the UK, Denmark, the EU and Hong Kong.
1PD 6900:2015: Environmental impact assessment for offshore renewable energy projects – Guide
3 REGULATORY FRAMEWORKS AND RESPONSIBLE NODAL AGENCIES FOR MANAGING OWE PROJECTS IN THE UK, DENMARK, THE EU AND HONG KONG
3.1 EUROPEAN UNION (EU)
Development, monitoring and consenting process for OWE projects is governed by multiple Directives in the European Union (EU). The
responsibility for implementation of these Directives lie with the EU Member states. Member states adopt the requirements under these Directives in their regional laws and policies to meet goals the established in the EU Directives. The following directives have been established by the EU for ocean energy sector which also includes OWE projects:
• The Renewable Energy Directive (Directive 2009/28/EC) for promotion of energy from renewable sources aims at reaching 20% share of energy from renewable sources by 2020 in the EU. This Directive establishes goals and targets for achieving and fulfilling desired expectation with respect to energy generation from offshore wind projects and other renewable energy initiatives.
• Maritime Spatial Planning (MSP) is a stakeholder involvement process that aims to analyse and plan human activities at sea. This process is cross- sectoral tool and considers all maritime activities and the environmental changes based on ecosystem approach. Four legal bases related to the environment, fisheries, maritime transport and energy are covered under the framework. EU member states have transposed the directive in their national legislation and designated appropriate agencies for
implementation.
The directive does not impose planning requirements or management objectives; the same are prerogatives of the EU member states. The directive ensures that MSP is implemented in territorial waters of the EU whilst facilitating cross-border cooperation.
• Environmental Impact Assessment (EIA) Directive (Directive 2014/52/EU
amending 2011/92/EU) was established for the assessment of impacts on
the environment from public and private projects. The EIA directive applies to a wide range of defined public and private projects, which are defined in Annexes I and II of the Directive. The EU OWE projects are covered in Annex II of the Directive; the National authorities ultimately decide requirement for EIA for such projects, and is country specific.
• Strategic Environmental Assessment (SEA) Directive (Directive
2001/42/EC) on the assessment of the effects of plans and programmes on
the Environment includes:
o 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 whilst considering stakeholder involvement.
o Guidance document on "streamlining environmental assessments of
projects of common interest" ensures stakeholders' interests whilst
meeting environmental legislation.
The application of the SEA Directive is linked with programmes and plans envisaged in the Marine Strategy Framework Directive (2008/56/EC) (MSF) and Marine Spatial Planning Directive (MSP). This involves
integrating Environmental considerations into preparation and adoption of plans and programmes likely to have significant impacts on the
Environment.
• 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 SPAs, particularly for threatened and migratory species of birds. It also provides for a ban on activities that directly threaten birds (such as the deliberate killing of birds or destruction of their nests and habitats).
• 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.
• Areas where both The Birds Directive and Habitats Directive are relevant, provisions have been established for fulfilment prior to grant of permission for the project. These areas are covered under Natura 2000 areas. If the project is expected to have significant effect on the integrity of the site, ‘appropriate assessment‘ (as per article 6.3 of the Habitats Directive (92/43/EEC)) is required to be completed by the proponent. The
assessment of cumulative effects, caused by plans or projects that are under consideration in combination with all other existing or proposed plans or projects, is an important part of ‘appropriate assessment’. The species protection measures apply to species listed in Annex IV of the Habitats Directive as well as all wild bird species in the EU. Relevant provisions are also outlined in article 5 of the Birds Directive (2009/147/EC) and article 12 of the Habitats Directive.
Furthermore, the European Commission has also established a guidance document on "Wind energy developments and Natura 2000", to support good practices for the application of the relevant provisions of the Birds and Habitats Directives in renewable energy development. The guidance document on "Guidelines on energy transmission infrastructure and Natura 2000" has also been established. Other general guidance documents include guidance on the application of article 6 of the Habitats Directive.
• The Water Framework Directive (2000/60/EC) is relevant for projects in
estuaries.
3.2 UNITED KINGDOM (UK)
UK has established consenting process and appropriate nodal agencies for specific tasks. Responsibilities for management of projects lie at various levels
including UK national level and regional levels of the government. These vary with different maritime zones. This section presents nodal authorities along with responsibilities undertaken by them for managing offshore wind projects in England, Northern Ireland, Scotland and Wales.
3.2.1 EIA process and consenting requirements in the UK
EIA process adopted in the UK has been presented in Figure 3.1, whereas competent authorities and consenting requirements are shown in Figure 3.2.
Figure 3.1 EIA Process in the UK
Source: http://shop.bsigroup.com/upload/271276/PD%206900.pdf
Note 1: The UK’s regulatory requirements for OWE projects have been adopted from
requirements established under the EU’s EIA Directive (2014/52/EU). The EU directive sets out procedures to be followed prior to grant of approval. The project categorization and need for EIA is also classified as per scale of project and
significance of project related impacts. The same have been transposed into the UK legislative requirements for OWE projects.
Figure 3.2 Competent authorities and consenting requirements in the UK
Source: http://shop.bsigroup.com/upload/271276/PD%206900.pdf
The EIA regulations, which apply to a particular development, are dependent on project type and location. Those regulations that are most likely to apply to offshore renewable energy (ORE) schemes are summarized in Table 3.1.
Table 3.1 EIA Regulations for OWE projects in the UK
S.No. Regulations Applicable for
1. The Marine Works (EIA) Regulations 2007 (as amended)
Scotland, England, Wales, Northern Ireland
2. The Town and Country Planning (EIA) Regulations 2011
England 3. The Town and Country Planning (EIA) (England and
Wales) Regulations 1999
Wales 4. The Town and Country Planning (EIA) (Scotland)
Regulations 2011
Scotland 5. The Planning (EIA) Regulations (Northern Ireland)
2012
Northern Ireland 6. The Electricity Works (EIA) (England and Wales)
Regulations 2000
England, Wales 7. The Electricity Works (EIA) (Scotland) Regulations
2000 (as amended)
Scotland 8. The Offshore Electricity Development (Environmental
Impact Assessment) Regulations (Northern Ireland) 2008
Northern Ireland
9. The Harbour Works (EIA) Regulations 1999
Scotland, England, Wales 10. The Harbour Works (EIA) Regulations (Northern
Ireland) 2003
S.No. Regulations Applicable for
11. Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (as amended)
England, Wales
Source: http://shop.bsigroup.com/upload/271276/PD%206900.pdf
3.2.2 England
Regulatory authority in England is different in comparison with other
countries in the UK. The authority for marine project management varies also with the scale of the project. Two regimes for consenting renewable energy projects have been established in England; these depend on the scale of the project:
• Nationally Significant Infrastructure Projects (NSIPs) include OWE development initiatives greater than 100 MW capacity. Applications for these projects are processed by the Planning Inspectorate and
recommendations in this regard are made to the Secretary of State. The Marine Management Organisation (MMO) is a key consultee in the process and is responsible for monitoring compliance and enforcement of Deemed Marine License (DML) conditions. The DML is extended to the project as part of the compliance management strategy. The MMO consults with interested parties and other public authorities and agencies on applications; key authorities for OWE include are Natural England and Centre for
Environment Fisheries, and Aquaculture Science.
• For projects below 100 MW capacity, a Marine Licence is required from the MMO under Section 66 of Marine and Coastal Access Act 2009. Furthermore, in order to build and operate energy generation projects, the proponent is required to obtain a consent in this regard as per Section 36 of the Electricity Act 1989. This consent is applicable to all projects above 1 MW capacity within 0-12 nautical miles (nm) and greater than 50 MW beyond 1 nm. Furthermore, License for Safety Zones under s95 of Energy Act 2004 and European Protected Species licence are also required to be obtained by the project.
The Marine Management Organisation (MMO) is responsible for planning,
licensing, fisheries management, and enforcement functions. Other functions including responsibility for decommissioning under Energy Act 2004 and Town and Country Planning Act, lies with Department for Business, Energy and
Industrial Strategy (DBEIS) and with Local Planning Authority respectively.
3.2.3 Northern Ireland
The Department of Agriculture, Environment and Rural Affairs (DAERA) is
the designated nodal agency responsible for accepting, and supervising marine projects. The license and consenting process for offshore wind projects along with the formal application include the following:
• Pre-screening consultation with Northern Ireland Environment Agency (NIEA);
• Preparation of documentation, e.g. Environmental Statement (ES); • Consultation, feedback, and mediation;
• License determination and issuing of licence(s); • Management of returns, e.g. monitoring reports; and • Decommissioning (if required).
Northern Ireland has also 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).
3.2.4 Scotland
As with other countries in the UK, Scotland has established a designated authority, the Marine Scotland Licensing Operations Team (MS-LOT), which is responsible for oversight of marine renewable energy development. MS-LOT provides a single window clearance for all marine licence applications in territorial waters of Scotland. MS-LOT is responsible for assessment of
applications, ensuring compliance with legislation, and for ensuring
appropriate consulting and liaison is carried out. MS-LOT is also responsible for working closely with other nodal agencies in the country; these include Scottish Natural Heritage (SNH), JNCC (which has a UK wide remit), Local Planning Authorities, Maritime and Coastguard Agency (M&CA), Northern Lighthouse Board, and Scottish Environment Protection Agency (SEPA). MS-LOT has established a guidance document, The Marine Scotland Licensing
and Consents Manual to guide developers with the process, executing roles
and responsibilities of the developer with respect to Marine Licence (Marine (Scotland) Act 2010 and Marine and Coastal Access Act 2009) and Section 36 (Electricity Act 1989), and also obtain other consents required for the installation of a marine renewable energy development.
3.2.5 Wales
Natural Resources Wales (NRW) is the designated authority for issuing
marine energy licenses. NRW issues such license under Part 4 of The Marine and Coastal Access Act, 2009. Offshore Marine energy projects are also required to obtain a European Protected Species (EPS) Licence, which prohibits
deliberate disturbing, capturing, injuring, or destroying any breeding site of resting place of an EPS. The same is issued under Regulation 53(2) of the Conservation of Habitats and Species Regulations, 2010.
The decommissioning of projects under the Energy Act, 2004 is supervised by
Note 2: 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. 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. As in the case of British fishery limits, the Bill amends this legislation so that these zones are
designated by reference to the exclusive economic zone as declared under Part 2 of the
Marine Coastal and Access Bill.
3.3 DENMARK (DK)
3.3.1 EIA Process and consenting requirements in DK
As in the UK, the EIA regime in Denmark is driven by the EU’s EIA Directive (2014/52/EU). However there is no mandatory EIA requirement for OWE projects, with each project subject to a screening assessment to determine if significant adverse effects on the environment may occur, and therefore if a full EIA is required. Screening is required for all new projects, and for changes or amendments to be adopted for projects, which may result in a significant effect on the environment.
OWE projects are executed in either of the two following ways:
• The first is a government call for tenders, for site of specific MW size and geographic footprint;
• The second is an open door procedure where a developer identifies a proposed site and submits a proposal for development, including preliminary investigations.
All offshore projects developed in Denmark to date have gone through a government tender. In both cases, an initial screening of the proposed project is undertaken by the Danish Energy Agency to determine if an EIA is
required. The Danish Energy Agency is the competent authority with regard to providing the screening opinion. The Danish Energy Agency also then have the power to either, require the developer or applicant to undertake the EIA or to undertake the EIA themselves. In relation to the EIA, the Renewable Energy Act and Executive Order 68/2012 on EIA of offshore electricity producing installations apply.
Denmark has adopted a ‘one-stop shop’ approach, with the Danish Energy Agency acting as the single point of contact between developers and all relevant authorities to increase the efficiency and speed of processing applications. As a result, the Danish Energy Agency coordinates with other agencies including the Danish Nature Agency, the Danish Maritime
Authority, the Danish Coastal Authority, the Danish Agency for Culture and the Ministry of Defence and includes relevant terms and conditions from these agencies in the final permits.
There is a requirement for public consultation (2 weeks preliminary public hearing and hearing of other authorities) prior to a scoping decision. Once an EIA statement has been finalised, it is made available for a minimum of 8 weeks of public consultation by the Danish Energy Agency.
3.3.2 Specific applicable regulations in DK
Protection of European Habitats and Species in the EIA Context
As in other EU countries, the Habitats Directive (92/43/EEC) and the Birds Directive (2009/147/EC) apply. The designation of Special Protection Areas (SPAs) and Special Areas of Conservation (SACs), jointly referred to as Natura 2000 sites, is enacted in Denmark through Executive Order 408/2007. This Executive Order also requires a Natura 2000 assessment (an assessment of whether a plan or project will have affect the integrity of a Natura 2000 site) to be completed prior to the authorisation of an EIA. For OWE projects, this requirement is also embedded in the Renewable Energy Act, with the Danish Energy Agency acting as competent authority to determine if an assessment of impacts on a Natura 2000 site is required.
The more general protection of species listed in Annex IV of the Habitats Directive is enacted in Denmark through the Nature Protection Act and Executive Order 408/2007.
3.4 HONG KONG
3.4.1 EIA process and consenting requirements in HK
Project commences its Environmental assessment by submitting a project profile containing the project details to the Director of the Environmental Protection Department along with an application for a study brief or for permission to apply directly for an Environmental permit. The EIA Process in Hong Kong has been presented Figure 3.3.
The application for direct permit is a fast-track provision for projects that fall within either one of the following three circumstances:
• The impact of the project has been adequately addressed in a previous EIA report that is placed on the Register and the information and finding are still relevant (covered under section5(9) of the EIA Ordinance, 1997, amended in 1999);
• A material change to an exempted designated project, on review of its project profile containing mitigation measures, can still meet the
requirements of the technical memorandum (covered under section 5(10) of the EIA Ordinance);
• The impact of the project is unlikely to be adverse and the mitigation measures described in the project profile meet the requirements of the
technical memorandum (covered under section 5(11) of the EIA Ordinance).
As per the EIA Ordinance, “Designated Projects” are projects or proposals that may have an adverse impact on the environment. They are projects covered by the Ordinance. List of designated projects under Schedules 2 and 3, (which may be amended by the Secretary for the Environment by an order published in the Gazette) are outlined in Appendix 1 of the Ordinance.
Schedule 2 of the EIA ordinance consists of two parts, namely, Part I for projects that require Environmental Permits to construct and operate, and Part II for projects that require Environmental Permits to decommission.
Figure 3.3 The Statutory Environmental Impact Assessment Process – Hong Kong
Source: http://www.epd.gov.hk/eia/operation/english/chapter02_3.html
The EIA process in Hong Kong is governed by the EIA Ordinance, 1997, further amended in 1999 and the Technical Memorandum on Environmental Impact Assessment Process (EIAO-TM). The OWE projects are usually
classified as Designated Projects under Item D1, Part 1, Schedule II of the EIA Ordinance – Public Utility Electricity Power Plant. The legal requirements and evaluation criteria for various impacts have been established for various impacts concerned with OWE projects. These include the following:
3.4.2 Specific applicable regulations in HK
Impact on Water Quality
Relevant legislation and associated guidance applicable to OWE projects for evaluation of water quality impacts include:
• Water Pollution Control Ordinance (WPCO);
• Environmental Impact Assessment Ordinance (Cap. 499. S.16), EIAO-TM, Annexes 6 and 14; and
• Other guidelines, such as, Management of Dredged / Excavated Sediment, ETWBTC No. 34/2002.
Waste management
The criteria and guidelines for evaluating potential waste management implications are covered under Annexes 7 and 15 of the EIAO-TM under the EIAO (Cap 499). Other legislative arrangements applicable to OWE projects include the following:
• Dumping at Sea Ordinance (Cap 466); • Waste Disposal Ordinance (Cap 354);
• Land (Miscellaneous Provisions) Ordinance (Cap 28);
• Waste Disposal (Chemical Waste) (General) Regulation (Cap 354C); and • Public Health and Municipal Services Ordinance (Cap 132) - Public
Cleansing and Prevention of Nuisances Regulation. Terrestrial Ecology
Legislative requirements and evaluation criteria relevant to OWE projects for the protection of species and habitats of terrestrial ecological importance include the following:
• Wild Animals Protection Ordinance (Cap 170);
• Protection of Endangered Species of Animals and Plants Ordinance (Cap 586);
• The Technical Memorandum on Environmental Impact Assessment Process under the EIAO-TM - Annex 8 Criteria for Evaluating Ecological Impact and Annex 16 Guidelines for Ecological Assessment;
• EIAO Guidance Notes: Some Observations on Ecological Assessment from the Environmental Impact Assessment Ordinance Perspective (GN 6/2010); • EIAO Guidance Notes: Ecological Baseline Survey for Ecological
Assessment (GN 7/2010);
• EIAO Guidance Notes: Methodologies for Terrestrial and Freshwater Ecological Baseline Surveys (GN 10/2010);
• Hong Kong Planning Standards and Guidelines Chapter 10 (HKPSG); • United Nations Convention on Biodiversity (1992); and,
• Convention on Wetlands of International Importance Especially as Waterfowl Habitat (the Ramsar Convention).
