UNEXPLODED ORDNANCE - Wind Energy Network
UNEXPLODED ORDNANCE - Wind Energy Network
UNEXPLODED ORDNANCE - Wind Energy Network
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LAW<br />
Keeping ahead of<br />
the game offshore<br />
As more round one wind farms move into production and round two wind farms move into the<br />
construction phase, so the activity of the wind farm supply vessel sector increases. It is not unfair to<br />
say that wind farm developers have had to embrace new thoughts and ideas whilst proceeding through<br />
the planning and design of offshore wind farms. Similarly, they will have to embrace new thoughts and<br />
ideas when it comes to dealing with marine transfers.<br />
Accessibility<br />
Unlike onshore assets which are in<br />
general readily accessible in all weathers,<br />
the marine environment is not so kind.<br />
Not only is the physical landscape very<br />
different between onshore and offshore<br />
wind farms, but so is the legal and<br />
regulatory landscape.<br />
Largely speaking, onshore facilities are<br />
subject to exactly the same regulations<br />
as any other onshore factory or industrial<br />
concern. However at sea a wholly<br />
different set of rules exist, which are<br />
regulated by a number of different<br />
authorities. Again, in many respects<br />
there is nothing special about offshore<br />
renewable energy compared with the<br />
regulation of any other marine activity,<br />
but it is nevertheless a specialised area<br />
requiring specialist advice.<br />
In many respects compliance with marine<br />
health and safety and other regulations will<br />
be a matter for the vessel operator. There<br />
are, in certain circumstances, implications<br />
for those chartering such vessels. This of<br />
course leads onto the need for specialist<br />
advice by both parties relating to the hire<br />
agreement or charter, for such vessels.<br />
Accidents<br />
Generally speaking, in the event of an<br />
accident onshore the Health & Safety<br />
Executive will take the lead, unless there<br />
is some suggestion of manslaughter<br />
or murder - in which case the police<br />
would become involved. This is not the<br />
case in the marine environment as the<br />
HSE has limited jurisdiction. In general,<br />
investigations into regulatory breaches at<br />
sea are conducted by the Enforcement<br />
Unit of the Maritime and Coastguard<br />
Agency. This small team will respond<br />
quite rapidly where necessary to a marine<br />
casualty to ensure that the circumstances<br />
of the incident are investigated as quickly<br />
as possible. This helps to ensure that the<br />
evidence is still fresh in everybody’s minds<br />
and it is possible for physical evidence<br />
to be collected, such as copies of log<br />
books or electronic records from Vessel<br />
Management Systems.<br />
44<br />
www.windenergynetwork.co.uk
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