Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 294
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United Kingdom
7. OTHER
Under sections 105 to 114 of the Energy
Act 2004, the Secretary of State will require
a person responsible for an offshore wind
farm to submit and carry out a costed
decommissioning programme. That person
may have to provide financial security to reduce the costs to the taxpayer. This section
has been in force since 1 October 2005.
Draft decommissioning programmes are
required to be approved by the Secretary of
State prior to the installation’s construction
and should be informed by an EIA.
Any decision to allow some or all of an
installation or structure to remain on or in
the seabed will be based on a case-by-case
evaluation of a range of matters, including,
where appropriate:
• potential effect on the safety of
surface or subsurface navigation;
• potential impact on other uses
of the sea;
• potential effect on the marine
environment, including living
resources;
• costs of removal; and
• risks of injury to personnel
associated with removal.
The developer must confirm that, after
decommissioning, the site has been cleared,
in accordance with the approved decommissioning programme, and to evidence that
this has been achieved.
