I propose to take Questions Nos. 722 and 723 together.
In 2012, Shell E&P Ireland applied for a permit under its Petroleum Prospecting Licence 1/12 to acquire 3D OBC seismic data over the Corrib Gas Field. It was the developer’s intention to complete this survey in 2012 but this was not possible for technical and poor weather reasons. The developer is now planning to acquire the remainder of the 3D OBC survey over the Corrib Gas Field in 2013.
I would like to explain the background to the assessment of this application as follows. Council Directive 85/337/EEC of 27th June 1985, as amended, on the assessment of the effects of certain public and private projects on the environment (‘EIA Directive’) put in place a system whereby certain projects by reason of their type, size, location, etc.,
must be assessed as to their likely effects on the environment through the process of Environmental Impact Assessment. On the 21st of May 1992, the European Community adopted Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna. An Appropriate Assessment is required under the Habitats Directive for any plan or project likely to have significant effect on an internationally important site for nature conservation.
While geophysical surveys are not specifically listed as requiring assessment under the EIA Directive, as a precautionary measure, my Department undertook a screening of the Corrib 3D OBC Seismic Survey application with respect to the requirements of both the EIA and the Habitats Directives which concluded that, “No EIA is considered necessary due to the limited extent and duration of the operation and in light of the existing requirements under the scope and quality requirements set out or implied by specific European and Irish legislation and guidelines”, and with regard to the Habitats Directive, “This screening has established that the survey poses no risk of a significant effect on the West Connaught Coast SAC and as such requires no further Appropriate Assessment”.
Cetaceans are addressed in the developer’s Environmental Statement as being listed under Annex IV of the Habitats Directive and thus strictly protected. It is concluded within the reports that the localised and temporary nature of the operation means that no ‘Wildlife Disturbance Licence’ is required. The ‘Wildlife Disturbance Licence’ is in reference to the ‘derogation licence’ under Regulation 54 of S.I. 477/2011 ( European Communities (Birds and Natural Habitats) Regulations 2011) and complying with the requirements of the provisions of Regulations 51, 52 and 53 and in particular the protection of fauna, Regulation 51 (2) which states: “Notwithstanding any consent, statutory or otherwise, given to a person by a public authority or held by a person, except in accordance with a licence granted by the Minister under Regulation 54, a person who in respect of the species referred to in Part 1 of the First Schedule —
... (b) deliberately disturbs these species particularly during the period of breeding, rearing, hibernation and migration” ... Shall be guilty of an offence.”
No derogation licence is required where no significant disturbance is caused and where the proposed activity can be timed, organised and carried out in a manner that will not constitute an offence under Irish wildlife legislation, as is the case with the Corrib 3D Seismic Survey.
Permission was therefore granted to the developer on 4 March, 2013 to undertake the 3D OBC Seismic Survey in the Slyne Basin. This survey is currently being carried out.
