S.L. 545.43 Art. 36Areas for grid and storage infrastructure necessary to integrate renewable energy into the electricity system.   S.L. 549.61.    S.L. 549.44.   S.L. 549.46.    S.L. 549.44.    S.L. 549.44.   S.L. 549.42.          S.L. 549.46.     S.L. 549.44.       S.L. 549.61.  

(1) One (1) or more plans may be adopted to designate dedicated infrastructure areas for the development of grid and storage projects that are necessary to integrate renewable energy into the electricity system, in cases where such development is not expected to have a significant environmental impact, such an impact can be duly mitigated or, where such mitigation is not possible, compensated for.

(2) The aim of the areas referred to in sub-regulation (1) shall be to support and complement the renewables acceleration areas.

(3) The plans referred to in sub-regulation (1) shall:

(a) for grid projects, avoid Natura 2000 sites and areas designated under national protection schemes for nature and biodiversity conservation, unless there are no proportionate alternatives for their deployment, taking into account the objectives of the site;

(b) for storage projects, exclude Natura 2000 sites and areas designated under national protection schemes;

(c) ensure synergies with the designation of renewables acceleration areas;

(d) be subject to a strategic environmental assessment pursuant to the Strategic Environmental Assessment

Regulations and, where applicable, to an assessment in accordance with regulation 19 of the Flora, Fauna and Natural

Habitats Protection Regulations;

(e) establish appropriate and proportionate rules, including on proportionate mitigation measures which shall be adopted for the development of grid and storage projects in order to avoid adverse effects on the environment that may arise or, where it is not possible to avoid such effects, to significantly reduce them; and

(f) be drawn up following consultation with the relevant infrastructure system operators.

(4) Grid and storage projects which are necessary to integrate renewable energy into the electricity system may, under justified circumstances, including where needed to accelerate the deployment of renewable energy in order to achieve the climate and renewable energy targets, be exempted from:

(a) the environmental impact assessment pursuant to regulation 6(1) of the Environmental Impact Assessment

Regulations;

(b) an assessment of the implications of the grid and storage projects for Natura 2000 sites in accordance with regulation 19 of the Flora, Fauna and Natural Habitats

Protection Regulations; and

(c) the assessment of the implications of the grid and storage projects on species protection in accordance with regulations 24 and 25 of the Flora, Fauna and Natural Habitats

Protection Regulations and regulation 4(1) of the Conservation of Wild Birds Regulations:

Provided that such grid or storage projects are located in a dedicated infrastructure area designated in accordance with sub-

regulation (1) and that these shall comply with the rules established, including on proportionate mitigation measures which shall be adopted in accordance with paragraph (e) of sub-regulation (3), by way of derogation from regulations 6(1) and 10(2) of the Environmental

Impact Assessment Regulations and from items 3.4.1.1., 3.4.2.1. and

10.0.2.7 of Schedule I to the said regulations, and by way of derogation from regulation 19 of the Flora, Fauna and Natural Habitats

Protection Regulations.

(5) Where grid and storage projects are located in dedicated infrastructure areas and exempt from the assessments referred to in sub-regulation (4), they shall be subject to a screening process which shall be based on existing data from the strategic environmental assessment pursuant to the Strategic Environmental Assessment Regulations, provided that project applicants may be requested to provide additional available information. SOURCES

(6) The screening process referred to in sub-regulation (5)

shall be finalised within thirty (30) days from its commencement and shall aim to identify if projects are highly likely to give rise to significant unforeseen adverse effects, in view of the environmental sensitivity of the geographical areas where they are located, which adverse effects were not identified during the environmental assessment of the plans designating dedicated infrastructure areas carried out pursuant to the Strategic Environmental Assessment

Regulations and, where relevant, to the Flora, Fauna and Natural

Habitats Protection Regulations.

(7) Where the screening process referred to in sub-regulation

(5) identifies a project as being highly likely to give rise to significant unforeseen adverse effects as referred to in sub-regulation (6), appropriate and proportionate mitigation measures shall be applied, on the basis of existing data, to address those effects.

(8) Where it is not possible to apply the mitigation measures required in accordance with sub-regulation (7), the operator of the installation shall be required to adopt appropriate compensatory measures to address those effects which, if other proportionate compensatory measures are not available, may take the form of a monetary compensation for species protection programmes, in order to ensure or improve the conservation status of the species affected.

(9) Where the integration of renewable energy into the electricity system requires a project to reinforce the grid infrastructure, within or outside dedicated infrastructure areas, and such a project is subject to a screening process carried out pursuant to sub-regulation

(5), or to a determination whether the project requires an environmental impact assessment, or an environmental impact assessment pursuant to regulation 10 of the Environmental Impact

Assessment Regulations, such a screening process, determination or environmental impact assessment shall be limited to the potential impact arising from the change or extension compared to the original grid infrastructure.