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Public consultation on an application for consent for a site survey at Barryroe, North Celtic Sea, South West Coast, Ireland proposed by Exola DAC who currently hold a standard exploration licence SEL 1/11
An application for consent for a site survey at Barryroe, North Celtic Sea has been received by the Petroleum Affairs Division of the Department of Communications, Climate Action and Environment on 20 January 2020.
The survey application has been received from Exola DAC, a wholly owned subsidiary of Providence Resources plc, within standard exploration licence SEL 1/11, granted by the Minister for Communications Climate Action and Environment pursuant to Section 8 of the Petroleum Act 1960.
The public are invited to make submissions in relation to this application. Submissions can be sent to PADadmin@dccae.gov.ie
This application was posted on the department's website on 22 January 2020 and any submission received by close of business on 21 February 2020 will be considered by the Minister.
The following documents have been received.
Exola DAC Barryroe K Site Application to Conduct a Site Survey
Exola DAC Barryroe K Site Survey Letter
Exola DAC Barryroe K Site Appropriate Assessment Screening and Natura Impact Statement (NIS)
Exola DAC Barryroe K Site Environmental Impact Assessment Screening
Exola DAC Barryroe K Site Pre-site Survey Fisheries Assessment
Having regard to, inter alia, the requirements of the EIA Directive (Directive 2011/92/EU, as amended), in particular Article 4 thereof, and the observations received from notified bodies and further to public consultation on the application submitted by Exola DAC, it is considered that further information is required from the applicant to enable an EIA screening assessment be carried out on the Exola DAC application.
On 10 March, the further information considered necessary to enable an EIA screening assessment and determination be made in respect of the Exola application was sought from the applicant.
When received, the additional information will be published on the department website and further submissions invited to be made on the additional material during a supplemental consultation period of 14 days. Any submissions received will be taken into account in carrying out an EIA Screening Assessment in respect of this application.
Further to the department request, the Applicant has provided additional information so that an EIA Screening Assessment can be carried out. This additional information can be found in the documents below.
Exola Barryroe K - EIA Screening Assessment Update March 2020
Exola Barryroe K - Appendix 1 - Response from Exola to Environmental Advisory Unit Request for Clarification
The public are invited to make submissions in relation to the additional information until 15 April 2020, which will be taken into account in carrying out an EIA screening assessment of the application. Submissions should be sent to EAU@dccae.gov.ie
On 7 April 2020, a determination was made, following screening under the European Communities (Birds and Natural Habitats) Regulations 2011 (SI 477 of 2011), as amended, that a Stage 2 Appropriate Assessment is required in respect of the site survey proposed by Exola DAC in the application submitted on 15 January 2020, (proposed to be carried out within the Barryroe licence area (SEL 1/11); situated in the North Celtic Sea Basin approximately 43 kilometres (km) south east of the closest coastline at Ballymacshoneen, Butlerstown North, County Cork on the south coast of Ireland (the 'Barryroe K site')), as it cannot be excluded on the basis of objective scientific information that the proposed survey, individually or in combination with other plans or projects, will have a significant effect on a European Site.
Exola Barryroe K Site AA Screening Report
Exola Barryroe K Site AA Screening Determination - Appendix 1 Ramboll Report
By further Notice dated 7 April 2020 Exola DAC has been directed to provide additional information considered necessary for the purposes of carrying out the Stage 2 Appropriate Assessment of the survey operations proposed in the application.
Exola Barryroe K Site - AA Stage 2 - Notice for Additional Information
The additional information received will be published on the Department website and further submissions invited to be made on the additional material during a 21 day consultation period for the purposes of the Stage 2 Appropriate Assessment. Any submissions received will be taken into account in carrying out a Stage 2 Appropriate Assessment of the survey activities proposed in this application.
Further to the department request, the Applicant has provided additional information so that a Stage 2 Appropriate Assessment can be carried out. This additional information can be found in the documents below.
Exola Barryroe K Site Survey - AA Screening Update April 2020
Exola Barryroe K Site Survey - Appendix 1 Respone from Exola
The public are invited to make submissions in relation to the additional information until 14 May 2020. Any submissions received will be taken into account in carrying out the State 2 Appropriate Assessment of the application. Submissions should be sent to EAU@dccae.gov.ie
On 22 June, 2020, an EIA screening determination was made pursuant to Regulation 3(1B) of the European Union (Environmental Impact Assessment) (Petroleum Exploration) Regulations 2013 (SI 134 of 2013) (as amended) and in accordance with Directive 2011/92/EU, as amended by Directive 2014/52/EU (EIA Directive). In summary, the EIA Screening Determination has concluded that the proposed Barryroe K Site Survey is not likely to have a significant effect on the environment and, consequently, an Environmental Impact Assessment is not required, subject to the implementation of the mitigation measures included in the Determination. The Decision is contingent on the mitigation measures included in the Determination being included as conditions in any consent that may be granted in respect of the application. Further, that the applicant must obtain prior approval from DCCAE if an alternative survey vessel is proposed, in which case confirmation of equivalence to the survey vessel described in the updated EIA Screening Report submitted by the applicant in March 2020 will be required and that the nature and extent of the proposed activities described in that Report have not materially changed.
The EIA Screening Determination and the relevant documents are available below.
Exola Barryroe K EIA Screening Determination
Appendix 1 Ramboll Report Exola EIA
On 23 June, 2020, an Appropriate Assessment determination was made under Regulation 42 of the European Communities (Birds and Natural Habitats) Regulations 2011 (SI 477 of 2011) (as amended), that the proposed Barryroe K Site Survey will not adversely affect the integrity of any European site (whether individually or in combination with other plans or projects) in view of the sites' conservation objectives, subject to the implementation of the mitigation measures adopted in the Determination, which must be included as conditions in any consent that may be granted in respect of this application.
It was further concluded that there would be no adverse effects on the conservation status of Annex IV species that may be present in the area, should approval be granted in respect of the application, subject to the to the implementation of all the mitigation measures adopted, which must be included as conditions in any consent that may be granted in respect of this application. The AA Determination and the relevant documents are available below.
EXOLA Barryroe K AA Determination and Annex IV Species Assessment
Appendix 1 Ramboll Report Exola AA
Please note that the validity of these decisions may be questioned by judicial review under Order 84 of the Rules of the Superior Courts (SI No.15 of 1986), as amended. Any application for leave to apply for judicial review must be made promptly and in any event within three months from the date of this decision. Practical information on Judicial Review can be obtained from the Citizens Information Board, Ground Floor, George's Quay House, 43 Townsend Street, Dublin 2 or from the Courts Website.
Disclaimer: The above is intended for information purposes. It does not purport to be a legally binding interpretation of the relevant provisions on judicial review and it would be advisable for persons contemplating legal action to seek legal advice.