Environmental Law And Economics Environmental Sciences Essay

Swansea Tidal Lagoon is a proposed renewable energy strategy working the categorized hyper-tidal scope of the Bristol Channel ; doing it the 2nd largest tidal scope in the universe averaging 6.5 meters during Neap tides and 12.3m throughout Spring tidal scope ( Langston et al, 2010 ) . Estimated capacity of the laguna is between 250 and 350 megawatts ; bring forthing about 400,000 MWH per twelvemonth ( Tidal Lagoon Swansea Bay Ltd, 2012 ) providing about 100,000 places in the Swansea country with renewable energy, ( BBC, 2012 ) . A 9.5km breakwater with turbines is to be erected organizing the construction, the overall construction covers an estimated country of 9.3kmA? ( Tidal Lagoon Swansea Bay Ltd, 2012 ) .

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The laguna requires consent and licenses from different organisation for assorted intents. A Marine License is required for the building of renewables development ( MMO, n.d.a ) . In Wales the Marine Consent Unit ( MCU ) grants a marine licence under the Marine and Coastal Access Act 2009. From 2011 the licence merged to include Food and Environmental Protection Act 1985, Coast Protection Act 1949, Communication Act 1984 and Environmental Impact Assessment Regulation 2007 ( MCU, 2012 ) .

As the propositioned capacity of the strategy is more than 100MW, the Lagoon falls under the Nationally Significant Infrastructure undertakings ( NSIP ) designated under the Nationally Significant Infrastructure Project Act 2008 ( Tidal Lagoon Swansea Bay Ltd, 2012 ) . So requires ‘development consent ‘ from the Planning Inspectorate ( PINS ) in Wales under the Planning Act 2008 as amended by the Localism Act 2011 ( Planing Inspectorate, n.d.a ) .

Separate planning permission is needed under the Electricity Act 1989 for operation systems which exceeds the capacity of 1MW in offshore developments, ( DECC, n.d ) from the Department of Energy and Climate Change ( DECC ) in West Minister. Consent is required for onshore plants such as a sub-station under the Town and Country Planning Act 1990, ( Tidal Lagoon Swansea Bay Ltd, 2012 ) .

A rental is necessary under The Crown Estate Act 1961 for characteristics such as overseas telegrams, granted by the Crown estate who owns the ocean floor at Swansea Bay, ( Tidal Lagoon Swansea Bay Ltd, n.d ) . The Environmental Agency ( EA ) needs to be contacted for points non covered by the Secretary of State ( SOS ) as outlined in the Water Resources Act 1991, ( Tidal Lagoon Swansea Bay Ltd, 2012 ) . A rental required for development on the Continental shelf within 200 maritime stat mis of the Renewable Energy Zone given by the Crown Estate under the Energy Act 2004 ( EG & A ; S KTN Factsheets, n.d ) .

As the bay is designated under the Shellfish Waters Directive ( 79/923/ECC ) as implemented in the UK under Surface Waters Classifications Regulations 1997 and the Surface Water Directions 2010 permits from the EA may be needed if discharge of wastewaters is expected, ( EA, 2012 ) .

Environmental Permission

An Environmental Impact Assessment ( EIA ) is critical under the European Commission through the Environmental Impact Assessment Directive ( 85/337/EEC ) as amended by 2011/92/EU ) and transposed into UK statute law through Town and Country be aftering Regulation 2011, Electricity Works Regulation 2000, and Marine Works Regulation 2007 ( as amended 2011 ) , ( TEL, 2012 ) in add-on to Infrastructure Planning Regulation 2009 ( as amended 2012 ) .

An EIA gathers information about whether a proposed development is likely to hold important environmental impacts this helps the SOS see whether to allow consent, ( enemy, 2005 ) concluding findings are recorded in an Environmental Statement ( ES ) . The Regulation is separated into two agendas specifying undertaking type ; Schedule 1 must hold an EIA ; while Schedule 2 development depends on whether the undertaking has any important consequence to the environment. Swansea tidal Lagoon is categorised under agenda 2 development ( Planing Inspectorate, 2012b ) so requires an EIA under the Infrastructure Planning Regulation 2009 and Marine Works Regulation 2007 ( as amended 2011 ) ( Tidal Lagoon Swansea Bay Ltd, 2012 ) .

A European Protected Species ( EPS ) License may be necessary if the undertaking will do an offense listed in the Conservation of Habitats and Species Regulations 2010 and Offshore Marine Conservation Regulations 2007, ( MMO, 2011 ) in Wales consented by the MCU. These Regulations for fill duties set by the SOS under the European Union Council Directive ( 92/43/EEC ) normally known as the Habitat Directive to denominate Special Areas of Conservation ( SACs ) countries protected for their home ground or species. Similarly the Council Directive ( 79/409/EEC ) known as the Birds Directive to denominate Particular Protection Areas ( SPAs ) for their rare and vulnerable birds ( MMO, n.d.b ) every bit good as Ramsar sites. These ordinances merely use to the bound 12 maritime stat mis of territorial H2O ( DEFRA, 2012 ) .

To allow a licence the MCU carries out a Habitats Regulations Assessment ( HRA ) consent merely being given after determining that there are no possible important effects and an Appropriate Assessment ( AA ) is completed though in some fortunes Imperative grounds of overruling public involvement may act upon their consent ( Planing Inspectorate, 2012b ) .

Under Wildlife and Country Act 1981 ( as amended ) in add-on to Countryside and Rights of Way Act 2000 certain countries are designated as Sites of Particular Scientific Interest ( SSSI ) , if a undertaking impacts upon an SSSI site, the accepting organic structure must seek advice from Authorities organic structures, in Wales this is the Countryside Council for Wales ( CCW ) . In Swansea Blackpill was designated an SSSI in 1984 for overwintering and transition for birds such as Waderss, Oystercatchers and Sanderlings ( CCW, 2007 ) theses could be effected by noise and quiver from the undertaking, ( Planing Inspectorate, 2012b ) . It may besides impact Crymlyn Burrows SSSI, Crymlyn Bog SSSI every bit good as Earlswood Road Cutting and Ferry Boat Inn Quarries SSSI, ( Planing Inspectorate, 2012b ) .

European Protected species are safeguarded under the Wildlife and Countryside Act 1981 ( as amended ) and Habitats Regulations 2010. Protected species include Cetacean, Turtles and Atlantic Sturgeon, if a development is likely to impact these species so a license is needed from the MCU, ( Planing Inspectorate, 2012b ) .

Legislation

Executive Body Responsible

Marine and Coastal Access Act 2009

Welsh Assembly

Marine Consent Unit

Nationally Significant Infrastructure Project Act 2008

Welsh Assembly

Planing Inspectorate

Electricity Act 1989

West Minister

Department of Energy and Climate Change

Town and Country Planning Act 1990

Welsh Assembly

Local Authority

Water Resources Act 1991

Welsh Assembly

Environment Agency

The Crown Estate Act 1961

West Minister

The Crown Estate

Energy Act 2004

West Minister

The Crown Estate

Surface Waters Classifications Regulations 1997

Welsh Assembly

Environment Agency

Surface Water Directions 2010

Welsh Assembly

Environment Agency

Marine Works Regulation 2007

Welsh Assembly

Marine Consent Unit

Infrastructure Planing Regulation 2009

Welsh Assembly

Marine Consent Unit

Conservation of Habitats and Species Regulations 2010

Welsh Assembly

Marine Consent Unit

Offshore Marine Conservation Regulations 2007

Welsh Assembly

Marine Consent Unit

Wildlife and Country Act 1981

Welsh Assembly

Countryside Council for Wales

Countryside and Rights of Way Act 2000

Welsh Assembly

Countryside Council for Wales

Table – Legislation demoing at that place accepting Authority and under what Government

Environmental Statement

Though there is no written statutory lineation for which an Environmental Statement ( ES ) is to be structured, it is expected to integrate information denoted in the Town and Country Planning Regulation 2011 ( amended ) Part I or at least Part II of Schedule 4 ( EOPA, 2007 ) . The full statement should be written every bit non-technical as possible, so it is easy to understand leting entree for the general populace to give sentiments and expostulations about the development.

Town and Country Planning Regulation 2011 No. 1824

Chapter 8

Agenda 4

Part I

Summary of statute law

1

Description of the development

2

Outline of the chief options

3

Aspects of environment likely to endure important consequence

4

Description of likely important consequence

5

Measures to forestall, cut down and countervail important consequence

6

Non – proficient sum-up

7

Indication of any troubles in roll uping information

Table – Town and Country Planning Regulation 2011 ( Schedule 4, Part I )

Out of all the points denoted in agenda 4 portion I, the most of import issue to turn to is a description of any possible important consequence to the environment and facets likely to be impacted, this may assist measure the development and signifier an analysis to see if the undertaking is feasible. Subjects that should be addressed specifically to Swansea Tidal Lagoon are shown in the tabular array below every bit noted from the Scoping Opinion.

Environmental Subjects

Ranking

Possible Consequence

Reason

Benthic Ecology

1

Wall and turbines shall take up critical home ground and may impact migration every bit good as the nutrient concatenation of Benthic species.

The laguna will change the home ground of the Bay holding a direct consequence on the Benthic community. It is certain that the most change shall be seen here doing it the most of import factor to turn to in the Statement

Contamination/ transit of deposit

2

May dramatically cause unknown effects along the seashore such as eroding or unwanted sediment motion. May impact upon designated landscapes such as Kenfig SAC and Crymlyn Burrows SSSI. Movement of deposit may go a jeopardy to transportation vass

Sediment transit is of import to turn to due to environmental and ethical grounds, every bit good as the fiscal deductions of costs to the transportation industry. Prosecution hazard and mulcts for amendss done to protected landscapes should be taken into history

Marine Mammals

3

May endanger of import nesting and feeding home ground of species such as European Protected species like Harbour porpoise ( Phocoena Phocoena )

The ethical deduction to local species every bit good as possible penalties/prosecution demand to be dealt with ranks high in the statement

Coastal Birds

4

May endanger nutrient beginning every bit good as birds which are known to see protected sites such as Blackpill SSSI and Crymlyn Burrows SSSI

Again ethical and fiscal facets causes Birds to be a cardinal characteristic of the statement

Water quality

5

Is likely to endure from pollution and degrading may consequence population of certain species.

The hazard of a knock on consequence from H2O pollution makes H2O quality vital to understand

Land Ecology

6

Important designated land possibly impacted, while the building of onshore characteristics and overseas telegram path shall necessitate to be addressed to understand there impact

Prosecution and fiscal hazard for amendss on land make it a cardinal issue to be addressed

Noise impact

7

Vibration and noise from building every bit good as more traffic, may do unknown negative impact to species and wildlife in environing Swansea country

May cause wellness deductions to both worlds and wildlife in the country

Fisheries

8

May impact local concerns and have a negative consequence to the local economic system such as to the mussel and cockle industry in the bay.

Both economic, environmental and ethical factors influence the importance of cognizing the impact the laguna will hold on the industry and environment

Marine Transport/Shipping

9

Motion of sediment beds may go a jeopardy to transportation vass and entree to ports

Economic consequence every bit good as possible wellness jeopardy of unknown alterations to impart classs need to be acknowledge

Onshore conveyance

10

May do more traffic, congestion and noise every bit good as emanation pollution

Social instead than environmental issues, can be dealt with easy

Archaeological impacts

11

May consequence historical characteristics of Swansea dock linked to the industrial yesteryear

Equally long as issues are known jobs may be addressed easy

Tourism/Recreation

12

May pull more visitant, hence more pollution and litter but possibly positive to the economic system making occupation chances

Deals with more societal facets of the development, less environmental bearing

Ocular Impact

13

Less ocular attractive as unfastened sea ( eyesore )

There are no major environmental alterations, merely societal deductions

Table Environmental topics needed to be addressed in Environmental Statement, ( Planing Inspectorate. 2012b )

The chief ground the environmental topics were ranked in this order are the of import environmental factors outweigh the economic and in conclusion societal issues.

Appropriate Assessment

There are no European designated sites linked to the laguna ; though some of import landscapes in the environing country shown in table 4 may necessitate an Appropriate Assessment ( AA ) . From the locations listed Crymlyn Bog SAC/Ramsar site may necessitate an AA as the development could do saline invasion every bit good as impacting upon migratory bird species ( Planing Inspectorate. 2012.b ) . Kenfig SAC and Burry Inlet SPA may necessitate an AA but it depends on how far the distance and HRA bound is set.

Location

Appellation

Blackpill

SSSI

Crymlyn Bog

SAC/ Ramsar

Crymlyn Burrows

SSSI

Kenfig

Table 4 demoing designated landscapes in Swansea and environing countries addressed in the Scoping Opinion SAC

Kenfig Pool/Dune

SSSI/NNR

Caswell Bay

SSSI

Bracelet Bay

SSSI

Earls Road Cutting

SSSI

Ferry Boat Inn Preies

SSSI

Eglwys Nunydd Reservoir

SSSI

Severn Estuary

SAC/SPA/ Ramsar

Burry Inlet

Watering place

Table – Designated landscape in environing Swansea country ( Planing Inspectorate. 2012b. )

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