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

The purpose of this consultation exercise is to set out a brief background to the proposed legislation in respect of the creation of safety zones around offshore energy installations, will outline how it is intended that these zones can be achieved, and a series of questions will then follow for your response in respect of the proposals. This consultation is required in order to comply with the principles of the Council of Ministers Public Engagement and Consultation Principles (October 2017) and to provide an opportunity for the wider consideration of these proposals.

This particular piece of legislation that is being proposed is in relation to the creation of safety zones that should surround renewable energy installations in the Island’s territorial sea. A safety zone is a designated area surrounding a renewable energy installation (such as an offshore wind turbine, wave, or tidal device). The purpose of a safety zone is to control access and activities around these installations to ensure safety at sea.

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.

The Climate Change Act 2021 sets out in Section 31 'Application of UK legislation to the Isle of Man':

1. the Council of Ministers or the Department [of Environment, Food and Agriculture] may by order apply to the Island as part of the law of the Island, subject to such exceptions, adaptations and modifications as may be specified in the order, any UK legislation to which this section applies.
    
2. an order under this section may include provision repealing or amending any provision of any enactment (other than this section) which is inconsistent with, or is unnecessary or requires modification in consequence of any UK legislation applied to the Island by the order.
    
3. this section applies to:
    
   1. any provision of UK legislation; or
       
   2. any instrument of a legislative character made under UK legislation, which relates, directly or indirectly, to climate change action, or mitigating potentially negative consequences arising from climate change, and to environmental protection.
4. for the purposes of subsection (3), provisions that relate to climate change action, or mitigating potentially negative consequences arising from climate change, or to environmental protection, include provisions relating to -
    
   1. the generation and regulation of renewable energy and the technologies associated with renewable energy;
       
   2. the conservation, protection and restoration of biodiversity, ecosystems and improving the natural environment;
       
   3. waste and resource management;
       
   4. air and water quality, including the regulation of air and water pollutants and their sources; and
       
   5. the control of products that fail to meet standards specified for the protection of the environment.
5. the Council of Ministers may by order amend subsection (4).
    
6. an order made under this section must have annexed to it a text of the
   instrument applied by the order, incorporating the exceptions, adaptations and modifications specified in the order.

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 the 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 in respect of offshore 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).

A draft application order is embedded below, which sets out these provisions with necessary modifications for the Isle of Man context.