Offshore wind, wave and tidal energy applications: consenting and licensing manual
This document provides guidance on applying for consents and marine licences for offshore renewable energy projects within both Scottish Territorial Waters (out to 12 nautical miles (“nm”)) and Scottish Offshore Waters (12-200 nm). It updates and replaces the draft Marine Scotland Licensing and Consents Manual published in 2013.
Annex D - Protocol Agreement for Discharge of Consent/Licence Conditions
This protocol agreement between Marine Scotland and developer/applicant identifies the key milestones in the Section 36 and Marine Licensing application post consent processes and sets out the information required to process the discharge of consent/licence conditions and agree the target dates by which this will be done. This protocol agreement is not legally binding. This agreement is entered into without prejudice to the determination by the Scottish Ministers of the post consent discharge of conditions. However, all signatories to this agreement agree to meeting the timescales outlined and recognise that in missing the target date they have missed an opportunity to input their views.
Reference number:
<A reference number will be generated by Marine Scotland>
Development site location:
<Site>, approximately <XX> km from <reference location>, Region
Brief description of proposal:
Construction and operation of an offshore <XXX>with a maximum generating capacity of <XX> megawatts ("MW")
Project Details |
|
|---|---|
Reference number |
<A reference number will be generated by Marine Scotland> |
Development site location |
Including <Description of location and central grid reference and lat/long.> |
Description of development |
An offshore <XX> with a maximum generating capacity of up to <XX> MW comprising: 1. <Detail XX> |
Application type |
OFFSHORE XX – RENEWABLES <e.g. Section 36, Marine licence etc…> |
Other consents/licences required? |
<list> |
Deemed Planning Permission also requested ? |
<yes/no> |
Key Contacts |
|
|---|---|
The persons identified below are the key contacts between Marine Scotland and the Developer/Applicant. The key contacts will liaise regularly on the progress of the discharge of conditions and will contact each other as soon as possible should any matter arise which is considered likely to delay progress with the post-consent process. (Include names, phone numbers and email addresses) |
|
Applicant |
<Developer> <Designated person 1 (Post)> <Designated person 2 (Post)> |
Agent |
<Details of agent, if any> |
MS-LOT Casework Officer |
<Designated person (Post)> |
MS-LOT Casework Manager |
<Designated person (Post)> |
Key meeting dates |
<Regular meeting dates to be agreed, together with the purposes of meetings> |
Discharge of Conditions
The documents required to discharge conditions fall into various categories and are often linked to the processing timescale. Processing timescales are set out in the table below and the consent plan submission timetable to be produced by <the Developer> and show the category assigned to each document. The various categories of documents will be considered by MS-LOT and stakeholders according to the following timescale.
Document Category |
<Developer> sign off and issue plan to MS-LOT |
MS-LOT complete initial check and issue for Consultation |
End of Consultation |
MS-LOT issue Consultation comments to <Developer> |
<Developer> submit revised plan and gap analysis to MS-LOT |
MS-LOT Issue Decision |
|---|---|---|---|---|---|---|
A |
Day 1 |
Day 11 |
Day 39 |
Day 46 |
Day <?> |
Day<?> |
B |
Day 1 |
Day 11 |
Day <?> |
Day <?> |
Day <?> |
Day <?> |
C |
Day 1 |
Day 11 |
Day <?> |
Day <?> |
Day <?> |
Day <?> |
<The Developer> will issue a fully populated consent plan submission programme, together with a Gantt chart (Microsoft Project file) to MS-LOT. The programme as at the date of this agreement is attached. <The Developer> will give MS-LOT notice of any changes to the programme or Gantt chart at least one month in advance of the earliest proposed change to the date for issue of the relevant consent plan to MSLOT.
The Developer must submit a detailed log of their responses to all comments raised by consultees, including how the issues have been addressed and where within the plan this has been done.
MS-LOT may decide to send consent plans for a further round of consultation depending on the nature and extent of the comments received.
Signed …………………………………………………… On behalf of Marine Scotland
…………………………………………………………….. Name
…………………………………………………..….……... Title
…………………………………………………………….. Date
Signed ……………………………………………………. On behalf of<The Developer>
…………………………………………………………….. Name
…………………………………………………..….……... Title
…………………………………………………………….. Date
Contact
There is a problem
Thanks for your feedback