The following information on regulatory frameworks is intended to provide an overview of country-specific requirements for environmental review and permitting (consenting) of marine renewable energy devices (specifically wave and tidal). This information is intended for general purposes only and should not be construed as legal advice or a legal opinion. It does not represent a complete record of the regulatory requirements for a given country, nor is it correct to assume that all the authorizations necessarily apply to all marine renewable energy projects.
OES-Environmental is currently in the process of developing country-specific guidance documents for member countries, which will eventually replace the content on this page. As new documents are added, they will be linked here. Please email deborah.rose@pnnl.gov with any corrections for outdated/incorrect information.
Several reports by Ocean Energy Systems (OES) also provide details for consenting in additional countries: Consenting Processes for Ocean Energy on OES Member Countries (2015) and Consenting Processes for Ocean Energy Updated on Barriers and Recommendations (2016).
Australia
View the Country-Specific Guidance Document for Australia here.
(Last updated June 13, 2024)
Canada
View the Country-Specific Guidance Document for Canada here.
(Last updated July 29, 2024)
China
View the Country-Specific Guidance Document for China here.
(Last updated December 20, 2021)
Denmark
View the Country-Specific Guidance Document for Denmark here.
(Last updated August 19, 2024)
European Commission
In the European Union (EU) there are a number of different directives that affect the development, monitoring and consenting process of ocean energy projects. These directives define final results that have to be achieved. The implementation, monitoring and undertaking of the directives is responsibility of each EU Member States. Member states must adapt their laws and policies to meet the goals sets in the EU directives. There are numerous EU directives that apply to the development of renewable energy sources and to the marine environment, of particular relevance for the ocean energy sector are the following:
- The Renewable Energy Directive (Directive 2009/28/EC) (amending and subsequently repealing Directives 2001/77/EC and 2003/30) on the promotion of the use of energy from renewable sources. The directive aims at reaching 20% share of energy from renewable sourcesby2020 in the EU, and provide a target for a minimum share of final energy consumption per each Member State. This Directive, as well as previous Renewable Energy Directives, has encouraged a number of Member States to put in place measures to encourage the development and commercialisation of wave energy in the expectation that this industry will contribute towards renewable electricity generation targets.
- Maritime Spatial Planning (MSP) is a transparent and comprehensive process based on stakeholder involvement whose aim is to analyse and plan when and where human activities take place at sea. It is a cross-sectoral tool that must take into account all maritime activities and the environment, based on an ecosystem approach. In July 2014, the European Parliament and the Council of the European Union adopted a new Directive establishing a framework for MSP (Directive 2014/89/EU). The Directive has four legal bases related to the environment, fisheries, maritime transport and energy. Member States can add additional sectors (e.g. tourism and dredging) in order to achieve other national objectives. Member States are required to transpose the Directive in their national legislation and designate the relevant authorities by 2016. The implementation of MSP in Member States' jurisdictional waters must then be achieved by March 2021. The Directive does not impose planning details or management objectives. Those are EU Member States' prerogatives. The Directive ensures that MSP is implemented in all EU waters and facilitates cross-border cooperation. The key requirements for the Member States are to: Involve stakeholders; Develop cross-border cooperation; Apply an ecosystem-based approach; Use the best available data and share information; Take into account land-sea interaction; Promote the co-existence of activities and Review the plan at least every 10 years.
- Environmental Impact Assessment (EIA) Directive (Directive 2014/52/EU amending 2011/92/EU) on the assessment of the effects of certain public and private projects on the environment. The EIA directive applies to a wide range of defined public and private projects, which are defined in Annexes I and II of the Directive. National authorities can decide whether an EIA is needed for those projects listed in Annex II; which covers the most of EU ocean energy project that have taken place to date.
- Strategic Environmental Assessment (SEA) Directive (Directive 2001/42/EC) on the assessment of the effects of certain plans and programmes on the environment.
- Strategic planning of renewable energy development is of key importance: Early and coordinated environmental assessment procedures under the SEA and EIA, as well as the Habitats Directives, are fundamental in ensuring compliance with the applicable environmental legislation, while ensuring stakeholders involvement.
- Guidance document on streamlining environmental assessments of projects of common interest has been produced in order to make sure all stakeholders' interests are ensured while environmental legislation is not put at stake.
The application of the SEA Directive is closely linked with the programmes and plans envisaged in the Marine Strategy Framework Directive (2008/56/EC) and Marine Spatial Planning Directive, which have to be prepared and implemented by the Member States. Practice shows that the SEA procedure can improve the quality of the respective plans and programmes and facilitate the implementation of future projects. In addition, it allows integrating environmental considerations into the preparation and adoption of the plans and programmes which are likely to have significant effects on the environment in the Member States.
- The Birds Directive (2009/147/EC) provides for far-reaching protection for all of Europe’s wild birds, including offshore species. The Directive requires Member States to designate Special Protection Areas (SPAs) for particularly threatened species and migratory species. It also provides for a ban on activities that directly threaten birds such as the deliberate killing of birds or destruction of their nests and habitats.
- The Habitats Directive (92/43/EEC) aims to ensure the conservation of a wide range of rare, threatened and endemic species, including offshore species, and enables protection of 450 animals, 500 plants and some 200 rare and characteristic habitat types. It provides a high level of safeguards against potentially damaging developments.
- For Natura 2000 areas (where both The Birds Directive and Habitats Directive relevant provisions need to be fulfilled before a permission is granted for any project or plan not directly connected or necessary for the management of the Natura 2000 site and which is likely to have a significant effect on the integrity of the site. More specifically, article 6.3 of the Habitats Directive (92/43/EEC) requires that Member States undertake an ‘appropriate assessment’ for projects or plans as mentioned above, taking into consideration the conservation objectives of the site. The assessment of cumulative effects, caused by plans or projects that are under consideration in combination with all other existing or proposed plans or projects, is an important part of ‘appropriate assessment’. The two aforementioned Directives also foresee the protection of certain species across the entire range in the EU. The species protection measures should apply to species listed in Annex IV of the Habitats Directive as well as all wild bird species in the EU. The most relevant provisions are outlined in article 5 of the Birds Directive (2009/147/EC) and article 12 of the Habitats Directive.cThe European Commission, aiming to support good practices for the application of the relevant provisions of the Birds and Habitats Directives in renewable energy development, has produced a guidance document on Wind energy developments and Natura 2000, while a guidance document on "Guidelines on energy transmission infrastructure and Natura 2000" is under preparation and will be published shortly. Other general guidance documents prepared by the European Commission relevant to renewable energy developments such as the guidance on the application of article 6 of the Habitats Directive are available on the DG Environment website.
- The Water Framework Directive (2000/60/EC) is relevant for projects in estuaries.
(Last updated May 9, 2019)
France
View the Country-Specific Guidance Document for France here.
(Last updated January 5, 2023)
India
Marine renewable energy is still in its infancy and in demonstration stages in India. Hence there is no formal environmental clearance procedure that is specific to marine energy projects. However, any activity on the shore needs to get Eco-Sensitive Zone (ESZ) clearances by the Ministry for Environment, Forests, and Climate Change (MoEF). There are formal procedures for getting EIA clearances. For ocean energy and desalination projects, clearance by the MoEF is completed in the same manner as for other identified activities.
(Last updated May 9, 2019)
Ireland
View the Country-Specific Guidance Document for Ireland here.
(Last updated June 4, 2024)
Japan
View the Country-Specific Guidance Document for Japan here.
(Last updated November 8, 2021)
Mexico
View the Country-Specific Guidance Document for Mexico here.
(Last updated June 24, 2024)
Monaco
The specific authority responsible for managing the ocean energy consenting process as a whole is the Ministry of Public Works, Environment and Urban Planning. Authorities involved in the consenting process are the Department of the Environment, the Department of Urban Amenities and the Department of Maritime Affairs. There are no specific laws or regulations for ocean energy. An Environmental Impact Assessment (EIA) process is required if the project could affect maritime traffic, or the environment in general.
(Last updated April 26, 2019)
Portugal
View the Country-Specific Guidance Document for Portugal here.
(Last updated June 19, 2024)
Singapore
Singapore does not currently have any laws specific to ocean energy, but there is a general policy framework on energy efficiency, which places high importance on the use of renewable energy. There is also public funding towards energy use, water, green buildings and land scarcity, which are closely connected to ocean energy. The country aims to reduce energy use and establish energy efficiency measures across multiple sectors of the economy. As Singapore envisions itself as a regional center for research and development, the government has been supportive of research, development and demonstration of renewable energy technologies. The Singapore Power Group is authorized to issue International Renewable Energy Certificates that monitor and record energy consumption from renewables. In addition, Enterprise Singapore has formed a working committee to discuss the adoption of international standards on MRE specifically on wave, tidal and other water current converters. Finally, Singapore has supportive mechanisms to attract private investments and projects through its “Living Lab” concept, which allows companies to test and demonstrate their innovations and technologies within Singapore before commercializing or scaling up, i.e. test-beds and demonstration sites.
(Last updated November 15, 2021)
Spain
View the Country-Specific Guidance Document for Spain here.
(Last updated August 25, 2022)
Sweden
Several legislative acts lay the foundations for offshore renewable energy in the territorial sea and Exclusive Economic Zones (EEZ) in Sweden:
- The Environmental Act 1998, thereafter regularly revised in parts covers cross-cutting issues – e.g. environmental objectives and considerations, economizing of resources, nature protection, national areas of interest (nature reserves and national parks) including fundaments for the establishment of MSP, land and water quality management, regulations for hazardous environmental activities, and environmental assessments, including regulations for the EIA-process.
- The National Maritime Policy Bill 2008 brings the concept 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). May be needed for on land constructions.
- The Swedish Economic Zone Act (1992) and the Fishery Act (1982) as amended by subsequent acts.
An application, plus EIA (+ technical documentation etc.) has to be filed to one of six Environmental Courts, after mandatory statutory consultation with the Regional (Länsstyrelse) and County (Kommun) Administrative Boards. The Environmental Court is the final arbiter, deciding whether to grant the permit. 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.
Additional licenses must be obtained from Svenska Kraftn?t, who manages the Swedish national grid, along with several minor consents from regional and national authorities.
(Last updated May 9, 2019)
United Kingdom
The marine licensing system in the United Kingdom is complex. Consents are required at various levels of central/federal and sub-national levels of government, each having different levels of responsibility in different maritime zones and thus variations in requirements.
In general, consent from the Marine Management Organisation (MMO) is required to construct, extend, or operate any offshore generating stations with a capacity between 1 and 100MW (Section 66 of the Marine and Coastal Access Act 2009; Section 36 of the Electricity Act 1989). Safety zone consents may also be required (Section 95 of the Energy Act 2004). Stations that would generate more than 100MW are classified as Nationally Significant Infrastructure Projects (NSIPs) and require a Development Consent Order (DCO) granted by the Secretary of State. The local planning authority for each region permits onshore planning and the Department for Business, Energy and Industrial Strategy (DBEIS) regulates the decommissioning of projects under Energy Act 2004.
(Last Updated May 30, 2019)
England
There are two regimes for consenting renewable energy projects in English waters which are ultimately based on the size of a proposed project:
- Nationally Significant Infrastructure Project (NSIP) applications are processed by the Planning Inspectorate and recommendations are made to the Secretary of State. The Marine Management Organisation (MMO) is a key consultee in the process and responsible for monitoring compliance and enforcement of Deemed Marine License (DML) conditions.
- Projects less than 100 MW Require a marine licence from the MMO (Section 66 of Marine and Coastal Access Act 2009). Projects greater than 1 MW in 0-12nm and greater than 50 MW outside 1nm require Section 36 consent (Electricity Act 1989) to build and operate an energy generation site.
(Last updated May 30, 2019)
Northern Ireland
The Department of Agriculture, Environment and Rural Affairs (DAERA) accepts applications for marine projects through an online system. The general license process is as follows:
- Pre-screening consultation with Northern Ireland Environment Agency (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 licence(s) (if needed);
- Management of returns, e.g. monitoring reports; and
- Decommissioning (if required).
Some laws that a project must adhere to include the Marine and Coastal Access Act 2009, 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).
(Last updated May 30, 2019)
Scotland
View the Country-Specific Guidance Document for Scotland here.
(Last updated July 14, 2023)
Wales
View the Country-Specific Guidance Document for Wales here.
(Last updated September 15, 2021)
United States of America
View the Country-Specific Guidance Document for the United States here.
(Last updated August 31, 2021)