This information included in this document does not represent a complete record of the regulatory requirements that all hydrokinetic projects may need, nor is it correct to assume that all the authorizations contained herein necessarily apply to all such projects. This information is intended for general purposes only and should not be construed as legal advice or a legal opinion. While information may change with time, please email jonathan.whiting@pnnl.gov with any corrections for outdated/incorrect information.

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Contents 1 Australia 2 Belgium 3 Canada 4 China 5 Denmark 6 Finland 7 Germany 8 Ireland 9 Korea 10 Latvia 11 Netherlands 12 New Zealand 13 Nigeria 14 Norway 15 Portugal 16 South Africa 17 Spain 18 Sweden 19 United Kingdom 19.1 Scotland 19.2 England 19.3 Wales 19.4 Northern Ireland 20 United States of America

Australia

Environmental review is carried out by the Australian Government under the Environment Protection and Biodiversity Conservation Act 1999 and requires an environmental assessment. Marine energy projects can obtain consent under the Coastal Management Act 1995. Consent is then administered at the state level.

Victoria has the most developed process to date, structured by the Department of Sustainability and Environment (DSE)

Belgium

Planning of activities in the Belgian Part of the North Sea (BNPS) is covered by legal rules and procedures allowing or rejecting a license or concession for the planned activity. The permit system covers concessionary rights and exploitation authorization, including environmental impact assessments (EIAs).

The permit system and the regulating authorities involved reflect the sectoral legal framework. Four permits are required for offshore wind parks: Domain Concession, Environmental permit, Authorization for the construction and operation, offshore cable buiding permitare. Four authorities are in charge of the permitting procedure: Ministry of Energy, FPS Environment, MUMM, and Flemish planning administration. Offshore cable buiding permit is delivered by DG Energy within the Federal Ministry of Energy.

Rules and procedures have been adapted to stimulate and facilitate the process. The permit system is clearly defined and reasonable short (less than 1 year).

Canada

The regulation of offshore renewable energy projects in Canada is a shared responsibility between federal and provincial/territorial governments. Provincial/territorial requirements for project approval can vary across Canada. With regards to federal oversight, all projects will need to adhere to applicable federal legislation regardless of where the project is located , e.g., Canadian Environmental Assessment Act, 2012 (CEAA 2012); Canadian Environmental Protection Act, 1999; Fisheries Act; Migratory Birds Convention Act; Navigable Waters Protection Act and Species at Risk Act. For information on the type of projects that may trigger a federal environmental assessment under CEAA 2012, please refer to the Canadian Environmental Assessment Agency’s website. For a complete list of acts, orders and regulations, please refer to Justice Canada’s website.

China

The 2010 Renewable Energy Law of the People’s Republic of China (Amendment) outlines a policy to accelerate and promote the development of renewable energy projects. The Ministry of Finance launched the special funding program for marine renewable energy projects in 2010. The State Oceanic Administration (SOA) created the Administrative Centre for Marine Renewable Energy (ACMRE) to coordinate and manage the special funding programme for marine renewable energy under the leadership of the Ministry of Finance and SOA. The special funding programme has entered the third round, with a total funding of ¥600 million since 2010. In 2012, the SOA promulgated the National Marine Functional Zoning (2011-2020) to arrange the sea-area utilization including the marine renewable energy devices. The National Energy Administration (NEA) has drafted the 12th Five-Year Plan for Marine Renewable Energy jointly with SOA since 2011.

Denmark

The Danish Energy Agency (DEA) grants all licenses under the Promotion of Renewable Energy Act for all projects within 200 nautical miles of Denmark. The three required licenses are:

1. License to carry out preliminary investigations
2. License to establish the offshore project (only given if preliminary investigations show that the project is compatible with the relevant interests at sea)
3. License to exploit the energy source for a given number of years, and an approval of electricity production (given if conditions in license to establish project are kept)

An environmental impact assessment (EIA) must be carried out as described in Executive Order no. 815 of 28 August 2000. There are two processes: a government call for tenders and an open-door policy.

Finland

The permitting procedures only apply to coastal and territorial waters (and not the EEZ). Based on existing legislation, an energy project can be developed in a suitable area defined in the regional land use plan or in an area that is not explicitly defined as long as no other activity defined in the plan rules out development.

Several permits are required:

• EIA and building permit: issued by the six Regional State Administrative Agencies. The EIAs are usually conducted by private consulting companies, while a pronouncement regarding the EIA is given to the Ministry of the Environment by SYKE, the Finish Environment Institute. Additionally, the 13 centers for economic development, transport and environment may be involved as they implement at regional level environmental protection measures and ensure that environmental legislation is respected in their respective areas. In addition, guidelines for planning and building permitting procedures for wind power plants were issued by the Ministry of Environment.
• Grid permit: a grid permit from the Energy Market Authority is required for any electricity production activity. The Ministry of Employment and the Economy grants the permit for construction of grid cables and new transmission lines.

Germany

The Federal Maritime and Hydrographic Agency (BSH) is the federal agency overseeing licensing for renewable energy projects in the EEZ based on the Maritime Spatial Plan for the North Sea and the Baltic Sea. The approval procedure has the following steps:

1. Competent authorities like the regional Waterways and Shipping Directorates and the Federal Agency for Nature Conservation are informed about the project application and asked to comment.
2. A larger number of Stakeholders get involved in the process; the public has the possibility to inspect the planning documents. A project presentation is offered to the project planner during an application conference. The applicant prepares an Environmental Impact Assessment and a risk analysis to be reviewed by the BSH and granted approval if requirements have been met.

The Infrastrukturplanungsbeschleunigungsgesetz of 2006 obliges the transmission system operator to install the grid connection in its control area and cover the costs for the grid connection. The Federal Energy Regulator (BundesNetzagentur) is in charge of approving applications for an offshore grid on economic grounds.

Ireland

The competent authority for completing Strategic Environmental Assessment of offshore renewable energy projects is the Department of Communications, Energy and Natural Resources. With input from the Sustainable Energy Authority of Ireland (SEAI), the Department of Communications, Energy and Natural Resources has prepared a draft Offshore Renewable Energy Development Plan (OREDP) which describes the policy context for development of offshore wind, wave and tidal stream energy in Irish waters for the period to 2030.

The Sustainable Energy Authority of Ireland (SEAI) was established under the Sustainable Energy Act, 2002, and is responsible for advising Government on policies and measures on sustainable and renewable energy (including energy efficiency), implementing programs agreed by the Government and stimulating sustainable energy and policies and actions by public bodies, the business sector, local communities and individual consumers.

Korea

The Korea Institute of Ocean Science and Technology (KIOST) is designed to promote research and development, launching publicly-funded projects.

Latvia

At the moment the main document regulating permitting and licensing in the Latvian Exclusive Economic Zones (EEZ) is the Law on Continental Shelf and Exclusive Economic. Any activities related to offshore renewables including the procedures for obtaining permits/licenses and definition of administrative fees will be set in the Law on Protection and Management of the Marine Environment, which is currently under preparation. Although the administrative framework is ready for extensive development of sea-use in the future, the competence is scattered among institutions of at least 4 ministries without effective coordination mechanisms between them. So far the responsibility and licensing of offshore wind farms lies with of the Cabinet of Ministers, which has delegated the coordination to the Ministry of Economics. Other responsible authorities involved are:

1. The Latvian Maritime Administration, which issues technical regulations for developers, dealing with the preparation of construction project in territorial waters, and approves the project task;
2. The Building Administration, responsible authority on behalf of the Ministry of Transportation for issuing the Building Permit; and
3. The State Building Inspection together with Maritime Administration which supervise the construction process.

Netherlands

A license is required under the Public Works and Water Management Act. The Ministry of Infrastructure and the Environment is authorized to make the decision concerning the granting of the application for the Water Act license.

There are several laws and regulations that have to be considered when licenses in the Dutch Exclusive Economic Zone of the North Sea must be gained including:

1. Sea Water Pollution Law
2. Environmental Administration Law
3. Spatial Arrangement Law
4. Environmental Protection Law
5. Water Act
6. Wreckage Law
7. Monuments Law
8. Excavation Works Law
9. North Sea Installations Law
10. (Sea) Bottom Protection Law
11. IMO sea lanes.

Total time for a decision is up to 6 months from submission. Important elements of the license include 1) construction of the wind farm must be started within 2 seasons after permit issue, 2) a bank guarantee must be given for the decommissioning of the wind farm and 3) it is not allowed to sell the licenses without permission of the minister.

The electrical connection point of the wind farm onshore must be discussed with TenneT B.V., the national TSO, in what is effectively an ad hoc process. The permits of the cable route must also applied by and be discussed with the responsible local authorities.

New Zealand

Planning and resource consents for all marine energy deployments and developments are judged and approved by regional councils (coastal permits – for offshore and shore crossing activities) and district/city councils (land use permits –for onshore activities). If a project is deemed to be of national significance, there is an alternative process managed by the Environmental Protection Authority (which operates under the Ministry for the Environment).

The marine energy development fund was set up by the Energy Efficiency and Conservation Authority (EECA) to support the deployment of renewable energy devices.

Nigeria

The Environmental Impact Assessment Division is charged with the mandate of implementing the provisions of the EIA Acts No. 86 of 1992. The Act requires that proponents (public or private) of major development projects should subject their projects to the provisions of the EIA Acts. The EIA Division is made up of three branches and their activities are as follows:

• Planning, Policy and Registry (PPR) Branch is responsible for the registration of new projects, EIA revenue recording, co-ordination of training, Workshops, conferences, seminars, EIA Budget and the site verification of new projects, etc.
• Evaluation and Analysis Branch (EA) is responsible for EIA scoping, Risk Assessment and the review/evaluation of terms of references and EIA reports
• Impact Mitigation Monitoring (IMM) Branch is responsible for conducting Impact Mitigation Monitoring of approved projects, EIA Auditing and the post Impact Assessment of projects

Norway

Marine energy shares policies and programs with more general renewable energy. The 2010 Ocean Energy Bill regulates renewable offshore energy production by requiring licenses to build offshore wind, wave, and tidal farms in certain geographical areas. Licenses are granted through a governmental process where suitable areas are identified and made subject to consequence assessments and then made available for leasing. Projects are publically funded by the Norwegian Energy Agency (ENOVA) and the Research Council of Norway.

Portugal

The Portuguese marine spatial plan is named Planning and Ordering of Maritime Space (POEM). An EIA must be submitted to the Institute of Ports and Maritime Transport (IPTM) and a joint decision needs to be signed by 5 ministers (Defense, Environment, Economy, Agriculture & Fisheries, Public Works) to authorize the project. The Redes Energéticas Nacionais (REN) is the national authority responsible for grid management.

South Africa

Consenting authority varies according to where the development is to be situated. The South African National Energy Development Institute (SANEDI) provides limited support and funding for projects.

Spain

A Royal Decree 661 from 2007 establishes the administrative procedure to apply for an authorization for electricity generation installations at sea. The first Royal Decree from 2012 suspended ocean energy support through feed-in tariffs to all renewable energy installations. However, the Renewable Energy Plan 2011-2020 discusses future plans for subsidies, investments, and procedural simplification.

Sweden

Several legislative acts lay the foundations for offshore renewable energy in the territorial sea and Exclusive Economic Zones (EEZ):

• The Environmental Act (1989, partially revised in 2009) covers cross-cutting issues – environmental objectives, national areas of interest for MSP, water quality management, and marine research.
• The National Maritime Policy Bill brings the connect of an integrated MSP, specifically the need for evaluation and investigation of current planning and responsibility for the territorial waters, the need for legislation for planning in EEZ and a responsible agency to be created.
• The Planning and Building Act (1987), reinforced by the Act on Technical Requirements for Construction Works (1994).
• The Swedish Economic Zone Act (1994) and the Fishery Act (1982) as amended by subsequent acts.

Environmental Impact Assessment (EIA) process and documents are formally handled and finally approved by regional authorities (Länsstyrelsen) who also act as the “controlling” authority during the project life time. Pre-study baselines involving Law on Continental Shelf, Law of Economic zone, Laws/regulations on obtaining and storing Bathymetric data, and consent from Defense authorities. An application (+ technical documentation etc.) has to be filed with an Environmental Court, and the Environmental Court gives perhaps the most important consent). Sweden has a new Swedish Agency for Marine and Water Management, which has Efforts in marine spatial planning and may be simplifying consenting processes of offshore energy projects.

Svensa Kraftnӓt manages the Swedish national grid.

United Kingdom

Certain jurisdictions in the UK have a modified consenting system. The situation is complex. Variations can be broadly attributed to the governance system in operation with central/federal and sub-national levels of government having different levels of responsibility in different maritime zones.

Scotland

There is a dedicated authority in Scotland (Marine Scotland Licensing Operations Team). One Stop Shop

England

Regulatory authority is different and authority also varies according to development size. There are two regimes for consenting renewable energy projects in English waters:

1. National Significant Infrastructure Projects (NSIPs) are greater than 100 MW capacity. Application processed by Planning Inspectorate and recommendation made to Secretary of State. MMO are a key consultee in the process and responsible for monitoring compliance and enforcement of Deemed Marine License (DML) conditions.
2. Projects less than 100MW. Marine license is required from the MMO under section 66 of Marine and Coastal Access Act 2009; Section 36 consent (Electricity Act 1989) to build and operate an energy generation site is required for projects greater than 1 MW in 0-12 nm and greater than 50 MW outside 1 nm; Safety Zones under s95 of Energy Act 2004; European Protected Species license.

The Marine Management Organization (MMO) is responsible for planning, licensing, fisheries management, and enforcement functions. The Department of Energy and Climate Change (DECC) is responsible for decommissioning if a requirement under Energy Act 2004 and Local Planning Authority under Town and Country Planning Act.

Wales

The Marine Consents Unit (MCU) issues licenses under Part 4 of the Marine and Coastal Access Act 2009 as the single authority. Projects must also attain a European Protected Species (EPS) License, which prohibits deliberate disturbing, capturing, injuring, or destroying any breeding site of resting place of an EPS, issued under Regulation 53(2) of the Conservation Regulations.

The local planning authority permits onshore planning and the Department of Energy and Climate Change (DECC) decommissions projects under Energy Act 2004.

Northern Ireland

The Northern Ireland Environmental Agency (NIEA) accepts applications for marine projects through an online system. The general license process is as follows:

• Pre-screening consultation with NIEA;
• Formal EIA screening and scoping (if applicable);
• Preparation of documentation, e.g. Environmental Statement (ES);
• Formal Application;
• Consultation, feedback, and mediation;
• License determination and issuing of license(s) (if needed);
• Management of returns, e.g. monitoring reports;
• Decommissioning (if required)

Some laws that a project must adhere to the Conservation of Habitats and Species Regulations 2010 (as amended), the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (as amended), and the Water Framework Directive (WFD).

United States of America

The Federal Energy Regulatory Commission (FERC) asserts regulatory jurisdiction over marine and hydrokinetic projects in the United States as an extension of its authority under the Federal Power Act to regulate and license hydroelectric projects on navigable waters (approximately within 3 nautical miles of shore), and on any projects with an onshore grid connection. The Bureau of Ocean Energy Management (BOEM) asserts regulatory jurisdiction over marine projects on the outer continental shelf that are experimental, temporary, and not grid-connected.