Energy Act 2004
Before the Energy Act came into force in July 2004, there was no comprehensive statutory framework for offshore renewable energy beyond the 12-nautical-mile limit of the territorial sea. This was because the UK had not exercised its entitlement under Part V of the UN Convention on the Law of the Sea to claim a 200-mile zone around the UK to produce energy by wind- and water-driven generators. Although the UK has a continental shelf, the sovereign rights of a State there relate only to the natural resources of the seabed, and exclude the water column and air space.
Following the introduction of the Energy Act 2004, a new regime for renewable energy sources was introduced. This provides for the designation of ‘renewable energy zones’ in which rights under Part V of the UN Convention may be exercised to exploit water or wind energy. The Act applies the system of consents under the Electricity Act 1989 to these zones. The Act also gives Ministers the power to extinguish public rights of navigation in territorial waters. As a result, it will no longer be necessary to obtain orders under the Transport and Works Act 1992 to achieve this.
The Act also provides for safety zones around renewable energy installations and for the decommissioning of installations.
You can view the Energy Act 2004 here.
You can see how the Energy Act 2004 affects offshore policy here.