Energy Bill [HL] — 23 Mar 2004 at 17:48
[Amendment No. 176B not moved.]
Clause 81 [Activities in Zones requiring 1989 Act Licences]:
[Amendment No. 177 not moved.]
Clause 82 [Modification of licence conditions for offshore transmission and distribution]:
[Amendment No. 178 not moved.]
had given notice of his intention to move Amendment No. 179:
After Clause 84, insert the following new clause-
"LICENCES FOR GENERATING STATIONS
Provisions in this Act and earlier legislation concerning the granting of new licences for generating stations shall not come into effect until the Secretary of State has commissioned, received and approved a full report on the effect of offshore wind farms on radar, radio and other devices used by vessels for the purpose of navigation."
[Amendment No. 179 not moved.]
Clause 85 [Consents for generating stations in Zones]:
[Amendments Nos. 180 and 181 not moved.]
Clause 87 [Further provision relating to public rights of navigation]:
[Amendment No. 182 not moved.]
[Amendment No. 183 had been withdrawn from the Marshalled List.]
[Amendment No. 183A had been retabled as Amendment No. 197A.]
moved Amendment No. 184:
After Clause 90, insert the following new clause-
"MEASURES TO MANAGE RISKS TO SAFETY OF NAVIGATION
(1) This section applies where the Secretary of State considers that the proposed location of offshore renewable energy installations or the stages of construction, operation or de-commissioning of the aforementioned installations give rise to unacceptable risks to safety of navigation.
(2) Reference to installations also includes their safety zones, and the reference to risks includes those related to collision, grounding and to interference to shore and ship radar, radio and other electronic communication systems caused by the aforementioned installations.
(3) If risks are identified at the strategic planning or environmental impact assessment stages in the evaluation of proposed installations, the Secretary of State shall consider which of the following measures shall be introduced to eliminate or to reduce the risks to acceptable levels-
(a) the relocation of installations away from recognised sea lanes, navigational channels including port access channels, particularly where installations may cause interference to lanes essential to international navigation;
(b) the establishment of ships' routeing measures conforming to international standards;
(c) the introduction of vessel traffic services conforming to international standards; or
any other appropriate measures.
(4) If experience in any of the stages referred to in subsection (1) or (2) above identifies risks, the Secretary of State shall consider whether the measures in subsection (3)(b) or (c) or any other appropriate measures shall be introduced to eliminate or to reduce the risks to acceptable levels.
(5) Where the measures in subsection (3)(a) or (b) are to be introduced, the Secretary of State shall ensure that a system for monitoring traffic patterns, their volumes and densities is established to assist in implementation and to overseer the effectiveness of the measures.
(6) Where the measures in subsection (3)(b) are to be taken, the Secretary of State shall ensure that any deviation from recognised sea lanes, navigational channels including port access channels is kept to a minimum.
(7) Where the measures in subsection (3)(b) or (c) are to be introduced, the Secretary of State shall ensure that all costs are borne by developers."
moved Amendment No. 184A:
After Clause 90, insert the following new clause-
"INSTALLATIONS IN TERRITORIAL WATERS AND RENEWABLE ENERGY ZONES
Installations and the safety zones around them may not be established where interference may be caused to the use of recognised sea lanes essential to international navigation."
On Question, Whether the said amendment (No. 184A) shall be agreed to?
Their Lordships divided: Contents, 157; Not-Contents, 115.
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