2008 No. 54
ELECTRICITY

Electricity (Offshore Wind and Water Driven Generating Stations) (Permitted Capacity) Order (Northern Ireland) 2008

Made
Coming into operation
The Department of Enterprise, Trade and Investment makes the following Order in exercise of the powers conferred on it by Article 39(3) of the Electricity (Northern Ireland) Order 19921:

Citation and commencement1.

This Order may be cited as the Electricity (Offshore Wind and Water Driven Generating Stations) (Permitted Capacity) Order (Northern Ireland) 2008 and shall come into operation on 5 March 2008.

Substitution of capacity2.

(1)

In the case of generating stations which are wholly or mainly driven by wind or water and are situated in waters within or adjacent to Northern Ireland (provided that the waters are not within an area in which development requires planning permission under the Planning (Northern Ireland) Order 19912) up to the seaward limits of the territorial sea, Article 39(2) of the Electricity (Northern Ireland) Order 1992 shall have effect as if, for the permitted capacity of 10 megawatts mentioned therein, there were substituted the capacity of 1 megawatt.

(2)

In this article the expressions “development” and “planning permission” bear the same meanings as in the Planning (Northern Ireland) Order 1991.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment

on 7th February 2008.

Jenny Pyper
A senior officer of the
Department of Enterprise, Trade and Investment
EXPLANATORY NOTE
(This note is not part of the Order)

Article 39 of the Electricity (Northern Ireland) Order 1992 No. 232 N.I. 1 provides that a generating station with a capacity of more than 10 megawatts (“the permitted capacity”) shall not be constructed, extended or operated except in accordance with a consent granted by the Department of Enterprise, Trade and Investment (“the Department”).

Under Article 39(3) the Department may by order alter the permitted capacity. This Order reduces the permitted capacity to one megawatt in the case of offshore generating stations wholly or mainly driven by wind or water.