Abstract

1. FACILITATING WITHIN A FRAMEWORK : Considering the environmental impact of offshore wind farmsFabrice CASSIN, CGR LEGAL Managing Partner PO. 232 Abstract Impact assessment The inaccuracy of French regulation with the characteristics of the offshore wind farms imposes on developers to pay particular attention during the development of their projects. The consideration of all the potential effects of the project on environment must be taken into account in the various applications necessary to build and operate an offshore wind farm. The experience regarding how the public authorities and the judge examine the applications made for onshore wind farms can help in determining the best way to study, to present and to secure the project mainly regarding its effects on environment. • The impact assessment is, with no doubt, the material element of the various request a developer will have to file for all the authorizations to be granted. • The potential effects of the installation on the environment must be considered during each stage of the project development. • More than a scientific issue, it is also a juridical question that implies consideration on its presentation and its content. Attention must be paid especially to the issues regarding the preservation of public security, public health and all the environmental aspects with respect to fauna, flora, avifauna and landscape. • Content of an impact assessment (Article R. 122-3 of the Environment Code): • An analysis of the initial state of the chosen area and of its environment ; • An analysis of the direct, indirect, temporary or permanent effects of the project on this initial state, mainly on avifauna, fauna, flora, landscape, water, historical monuments, public security, public health; • Reason for having chosen this project and this area comparing to other solutions the holder had; • Proposed measures to eliminate, reduce or compensate the negative effects of the project on environment and the estimated costs of those measures; • An analysis of the used methods to valuate the impacts of the projects indicating the potential technical or scientific difficulties. • A Guide to write impact assessments is currently updated by French authorities. Required Authorizations • In France, many authorisations are required to operate an offshore wind farm. The international conventions such as the Convention of Montego Bay do not help regulating the operation of such installations and the existing French regulation does not contain any specific provision relating to offshore installations. • However, all the potential effects on environment must be taken into account. Therefore, through the existing mechanisms, the public authorities try to frame the way wind farms are to be established in France. • Developers must therefore adapt their technique, to conceive their projects and impact assessments, with the expectations of the public authorities. • Although the different procedures are not intended to regulate this type of installation, they apply to the construction of such installations in different areas : • control over land, an authorisation to occupy the territorial sea and the continental shelf is necessary – Concession d’utilisation du domaine public maritime ; • town planning consideration, the need of a building permit and the procedure to be followed can be questioned – Permis de construire ; • grid connection – Raccordement au réseau public de transport, • Specific authorization concerning the use of water – Autorisation Loi sur l’eau. Forward-looking • Taking into account the fact that the current procedures do not fit the logic of offshore wind farms, French authorities decided to adapt them. For the moment, no precise measure was decided but signs allow to hope for a valorization of offshore wind farms and a simplification of procedures. • France have to meet its European objectives. During the « Grenelle de l’environnement », public authorities committed to reach in 2020 the percentage of 23 % of the whole energy consummation by renewables. • Wind energy represents from 25% to 35% of this number. Offshore wind farms should contribute to this objective as 5000 to 6000 MW should be built within 2020. • New procedures should be decided: • Absence of application of the ZDE regulation to offshore wind farms ; • Elaboration of a document for planning with an aim to determine the areas where offshore wind farms are welcomed ; • No urbanistic authorization any more (end of the required building permit). European Offshore Wind 2009 Conference & Exhibition, 14 – 16 September, Stockholm, Sweden