Legislation in relation to the creation of offshore safety zones for renewable energy installations in the Island's territorial sea

Overview

The proposed legislation is in relation to the creation of offshore safety zones that should surround renewable energy installations in the Island’s territorial sea. For other projects, there are sufficient provisions in the extant legislation which apply. The Department is seeking to use the provisions within the Climate Change Act 2021 to provide the necessary vires to enable this legislation to be prepared. It will seek to do this on behalf of the Council of Ministers to use powers within the Act to apply over relevant, similar UK legislation and include a provision which will enable the Department to then prepare Regulations as they relate to the Isle of Man under the applied legislation.

It is the intention that the Department will request that the Council of Ministers will use this provision of the Climate Change Act 2021 to apply over certain provisions of Energy Act 2004 (of Parliament) relating to offshore safety zones for renewable energy installations.

The Energy Act 2004 sets out a well-defined, well-established process for offshore safety zones and will provide the ability for a person to apply to the Department of Infrastructure for the establishment of an offshore safety zone for any renewable energy installation. There is currently no vires for the Department to establish offshore safety zones so if this legislation is not pursued, it will not be possible for such safety zones to be established, and they are required for the safety of maritime users around renewable energy installations. 

The Department has carefully considered the Energy Act 2004 (of Parliament) and it is the intention to apply the following necessary provisions to the Island:

1. section 95 (safety zones around renewable energy installations);
2. section 96 (prohibited activities in safety zones);
3. section 97 (offences relating to safety zones);
4. section 98 (supplementary provisions relating to offences under s.97);
5. section 104 (interpretation of chapter 2 of part 2);
6. section 188 (power to impose charges to fund energy functions);
7. section 192 (powers exercisable by statutory instrument);
8. section 195 (timing and location of things done electronically);
9. section 196 (general interpretation);
10. section 198 (short title, commencement and extent); and,
11. schedule 16 (applications and proposals for notices under section 95).

Following the application of the Energy Act 2004, the Department will make regulations that provide additional information on how to apply for a safety zone, and how any exemption to this will apply.

Why your views matter

The Council of Ministers and the Department are looking for views on the draft Climate Change (Energy Act 2004) (Application) Order 2026 and the Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) Regulations 2026.

Reasonable adjustments and alternative formats

The department is committed to equal opportunities and our aim is to make our documents easy to use and accessible to all.

We will take steps to accommodate any reasonable adjustments and provide such assistance as you may reasonably require to enable you to access or reply to this consultation.

If you would like to receive this document in another format or need assistance with accessing or replying to this consultation, please email Ian.brooks@gov.im or telephone +44 1624 685901.

Responding to this consultation

To assist with your responding to this consultation, you will need to review the draft Regulations and the Application Order, which can be found in the 'Related' section below and also embedded on their relevant pages within the consultation

You can respond to this consultation online by clicking on the 'Online survey' link below.

Alternatively you can download a paper version of this consultation in the 'Related' section below and email it to Ian.brooks@gov.im or post it to:

Department of Infrastructure
Head Office
Sea Terminal
Douglas
Isle of Man
IM1 2RF

What happens next

Once the consultation has closed, the Department will carefully review all responses received as part of this exercise and consider whether any amendments are required to either pieces of legislation it is preparing. Once this has been done, the Department will again work to review the legislation and seek to finalise it before taking it through the Tynwald procedure to have it enacted.