Commentary on provisions of Act Section 62: Offshore renewable energy installations
This section amends the Energy Act 2004 ("the 2004 Act") to enable the Scottish Ministers to exercise functions in relation to declaring safety zones around, and the decommissioning of, offshore renewable energy developments wholly in Scottish waters or in a Scottish part of a Renewable Energy Zone ("REZ").
	Subsections (2) to (5) amend section 95 of the 2004 Act (safety zones around renewable energy installations) to provide the Scottish Ministers with a discretionary power to issue a notice to declare safety zones around a renewable energy installation wholly in Scottish waters or in a Scottish part of a REZ and to determine which activities are permitted within a safety zone, and which vessels may enter or remain within a safety zone. Where such an installation is proposed to be, or is, extended outside Scottish waters or a Scottish part of a REZ the Secretary of State will exercise the functions in relation to declaring safety zones in respect of that part of the installation, unless the Scottish Ministers and the Secretary of State agree that the Scottish Ministers should do so.
	Subsection (5) inserts a new subsection (4A) in section 95 of the 2004 Act to provide that, before issuing a notice which relates to an area outside Scottish waters or the Scottish part of a REZ, the Scottish Ministers must consult the Secretary of State.
	Subsections (6) to (8) amend section 96 of the 2004 Act (prohibited activities in a safety zone) to provide the Scottish Ministers with the power to make regulations setting out general permissions allowing vessels to enter safety zones and carry out activities.
	Subsections (17) to (19) amend Schedule 16 to the 2004 Act (applications and proposals for notices under section 95) to make provision for applications and proposals for notices declaring safety zones to be made to the Scottish Ministers.
	The 1982 United Nations Convention on the Law of the Sea (UNCLOS) places an obligation on contracting parties to ensure that renewable energy installations in a REZ are decommissioned. Chapter 3 of the 2004 Act created a common legal regime for offshore renewable energy developments in territorial and internal waters or a REZ.
	Subsections (9) to (12) amend Chapter 3 of the 2004 Act (decommissioning of offshore installations) to provide that the Scottish Ministers will exercise functions in relation to decommissioning of renewable energy installations wholly in Scottish waters or in a Scottish part of a REZ and those parts of a related electric line in such waters. These functions include the discretionary power to impose an obligation on a responsible person to submit a costed decommissioning programme. The Scottish Ministers may approve such a programme or, where they consider it to be inadequate, prepare a suitable decommissioning programme and recover the costs from the responsible person. Where such an installation is proposed to be, or is, extended outside Scottish waters or a Scottish part of a REZ the Secretary of State will exercise the functions in relation to decommissioning in respect of that part of the installation, unless the Scottish Ministers and the Secretary of State agree that the Scottish Ministers should do so.
	Subsection (13) amends section 111 of the 2004 Act (regulations about decommissioning) to provide the Scottish Ministers with the power to make regulations relating to decommissioning of such renewable energy installations and related electric lines.