Renewable energy law - Essay Example

?Renewable Energy Law There are several reasons why the government should insist on the usage of renewable energy sources. Renewable energy sources are no likely to cause pollution in the air and on water bodies. However, there are some sources of renewable energy that can cause environmental degradation if not carefully used; such sources include large hydro and some kinds of biomass. Renewable energy is also seen as a perfect example in fighting global warming. These sources of energy do not emit carbon monoxide into the air thus affecting the ozone layer. Further, renewable sources of energy are sustainable; they can be used for several years without being depleted. Renewable sources of energy such as hydro, solar, geothermal, wind, tidal and wave power have got no fuel costs: their production does not depend on the presence of fuel for their production. Their usage can prevent the ever rising prices of energy (Sorensen, 2010). The UK and Canada have got the powers to declare an executive economic zone (EEZ). Such a resolution means that they are able to establish any organization that will be mandated and concerned with the production of renewable energy. They will also be able to produce renewable energy through the water, current and winds. The UK has got no intention to declare an EEZ, however, the government will consider the move once it receives royal assent from the United Nations. Precedent to this policy is witnessed in the country’s commissioning of an Executive Fishing Zone and another zone for the conservation of the marine environment. These two policies progress the UK’s ability in respect to specific rights, those that exist outside its territorial waters (Roggenkamp and Hammer, 2004). Privileges established in the primary legislation will assist in the creation of boundaries to the production of renewable energy which is expected to operate under the Orders in Council. Regulation for this can be found in the secondary regulation under section 1 (7) of the continental shelf act 1967 which is concerned with the mapping of the UK’s continental shelf. The government projects that the renewable energy zone will also work in the same way as the UK continental shelf. There are also some limits to these regulations, it is evident that they will challenged by other regulations from other coastal states, for example, at the west coast of Scotland, the limit may extend to over 200 mile limit (Roggenkamp and Hammer, 2004). The UK government has got plans to allocate resources necessary for the development of renewable energy zones, especially in the Crown state. To ensure that the offshore renewable energy installations meet the standards of the UK government, policy makers in the sector will have follow the similar approach followed in the Petroleum Act 1998 (Roggenkamp and Hammer, 2004). This will be achieved through the use of Orders in Council to ensure strict application of the necessary law of England, Wales and Scotland to the approach towards renewable energy investments and any acts or omissions committed with the range of 500 meters. Further, the government plans to use the protection enjoyed in the Submarine Telegraph act 1885 in the submarine cable responsible for the installation of renewable energy devices, either in the territorial sea or in its internal waters. To this far, the work of the legal team in the provision of regulations within the renewable energy sector will be put to practice by using relevant provisions of the legislation which are already being used in its territorial waters. The government also holds the view that offshore renewable energy and their relation with the integrated transmission network should honor the same quality and safety as the onshore installations. Policy makers therefore plan to extend the legality of the sections 29 and 30 of the electricity act to the renewable energy zone. Further, due to the potentiality of disaster that offshore renewable energy may pose to the airplanes, they plan to also use the civil aviation authority so as to enable the lighting of structures in the renewable energy zone. Consequently, the provisions under section 36 of the electricity act 1989 will also be applied to the installations in the renewable energy zone ( Maczulak, 2011). The Role of Local Planning Authorities In the current state, schedule 8 of the electricity act must have notice of applications for consent provided for under section 36 to be served to the relevant planning authority. It also gives powers to the planning authority to force a public inquiry into the proposed development (Boyle. 2004). Further, the planning authorities do not have the authority over the offshore elements of any proposal in relation with the establishment of renewable energy investments in the renewable energy zone. The government therefore plans to amend schedule 8 of the electricity act 1998 to make it clear that the present provisions concerned with the public enquiries are only applicable to those elements of a development that are strictly within the operation of the local planning authority in question (Lyster and Bradbrook, 2006). Renewable Energy Zone in Scotland In the energy act of 2004, provisions were made to check the production of energy outside the territorial sea. In most parts of the coastal areas, wind farms have been constructed to generate electricity. Further there are areas that have been designated by the renewable energy zone, these areas have the same extent as the pollution zone. In Scotland there was the creation of renewable energy zone (Designation of Area) order 2005. The production of renewable energy will have to involve some regulatory and safety measures both on the mainland and on the sea. The governments’ duty will be extend the provisions provided in the amended Electricity act 1998. Section 4-6 which talks about the extension of the licensing regime means that Ofgem will have the authority to issue licenses which will enable organizations to produce renewable energy (Lyster and Bradbrook, 2006). Those investors and individuals interested in renewable energy cannot ignore principles of property law since it has direct relevance to the development of solar energy, on shore wind energy and geothermal energy. Solar energy has got challenges. The major challenge is that in certain parts of the world, especially in non tropical zones is that the sun is never overhead. The suns rays are often blocked from reaching the solar devices through tall vegetation and the tall buildings thereby leading to the shading of the solar devices. Users of this type of energy complain that there is little incentive for a private land owner or investors in the industry to install solar devices, only for them to be blocked by tall buildings and vegetation on the neighboring land. Legal measures must be taken to ensure that solar users are protected. Neighbors should be stopped from allowing tall buildings and vegetation from blocking solar panels access to sunlight (Kaltschmitt, Streicher and Wiese, 2010). The arrangements of energy policy between UK and Canada were propose in the devolution settlement of the 1998 Scotland act. In this act, the responsibilities for the production of renewable energy power were given to the new Scottish executives. However, the general overall energy policy and regulations were given to the UK DTI and Ofgem (Lyster and Bradbrook, 2006). The Scottish executive and the parliament were able to come up with measures that ensured steady production of renewable energy. In the early years of the 21st century, the UK’s review of the renewable energy policy brought strong interest in Scotland, the country therefore decided to invest in the local industries by coming up with the renewable energy technologies. They had to invest in marine energy such as wave and tidal stream power sources of renewable energy (Kaltschmitt, Streicher and Wiese, 2010). Several policy contributors argued that while it was important to come up with effective supply of renewable energy in Scotland and UK, institutional reforms were needed for the faster production of renewable energy especially marine energy innovation, and the achievement of the broader policy goals for renewable (Boyle. 2004). The arguments were evident in the House of Commons environmental audit committee (HCEAC), where it was evident that the money invested in the renewable energy sector could not be enough compared to other European countries such as Germany and Denmark. HCEAC committee lamented on the lack of efforts in ensuring that renewable energy policy be coherent with measure be put in by the several stakeholders involved in the sector. Further, the HCEAC committee agreed that an effective and efficient energy policy agency be put in place to en sure that the policies are well coordinated (Lyster and Bradbrook, 2006). In the case of marine renewable energy, the House of Commons Environmental Audit committee (HCEAC) proposed that a structured support program be developed to enable increased learning as well as reducing costs which will enable the effective operation of the technology by the year 2020 (Saunders and Chapman, 2005). Other committees such as the House of Commons Science and Technology Select Committee (HCSTC) have argued that the policies put in place to produce renewable energy were poorly formulated and not focused. The committee advocated for the establishment of renewable Energy Authority with powers to oversee the production of renewable energy. Failure to establish the renewable energy authority would mean that there was no hope of achieving the targets (Lyster and Bradbrook, 2006). The production of renewable energy in the UK has not been effectively tackled by the different governments. It is only up to the 1970s s hock in the prices of oil that there w as the need to invest in the renewable energy, seen as perfect substitute to the fossil fuels (Freris and Infield, 2008). The government at that time had to come up with measures that would help in the creation of renewable energy. The government established a program of research and development which was assisted by the newly established Energy Technology Support Unit (ETSU). These organizations published the potentiality for wind and wave power in the UK and Scotland. However, the production of wind and wave power was done in small scale, there was little or no government commitment to the renewable until the debate on the global warming came up in the political arena. This made the government to reason and to reconsider renewable sources of energy which would help in the lessening the greenhouse gas emissions (Anderson. 2008). Further, the law privatizing the electricity production and supply industry brought the hope of adequately addressing the problem of greenhouse gas emissions and promoting the production of renewable energy in the UK and Canada. The Non Fossil Fuel Obligation (NFFO) act was introduced in the UK to en sure that electric company buys a specified amount of their energy from non-fossil fuel sources. NFFO proposed the nuclear energy was the best source of renewable energy (Johanson, 1993). The NFFO and its counterpart in Scotland called the Scottish Renewable Obligation (SRO) are the main supporters of the renewable energy; they hold the view that renewable energy needs subsidizing to motivate its growth in the coming years (Freris and Infield, 2008). Sustainability of Renewable Sources of Energy Sustainability can be referred to as living, producing and consuming energy in a manner that meets the present needs without exhausting the energy sources for future usage. Future generations must also be thought of; present energy usage must be sustainable so that future generation also gets energy for their use. Sustainable use of energy must be emphasized in all parts of the world to ensure that current sources are not depleted. This can only be realizes through the application of renewable energy sources. Total dependence to fossil fuels may lead to energy crisis in the world in the coming years. Further, sustainability in this context means that renewable energy must be able to contribute to the world’s development. Using renewable energy sources ensures that human beings produce cheap and affordable energy capable of improving their standards of living (Sawin, 2004). Global debate has been centered on the sustainability of renewable energy to the environment. Renewable energy sources have been proved to be environmentally friendly; their sources have reported to be clean therefore being environmentally friendly. However, other sources of renewable energy such as hydropower have proved to be environmentally destructive is not monitored effectively (Sawin, 2004). Solar energy, being the main source of renew able energy, does not have negative effects to the environment. The use of the solar energy technology has proved to be the most effective means of producing electricity; it also involves the easiest way and the cleanest means in tapping renewable energy. Solar energy production processes do not cause air pollution during the process of tapping the suns rays (Sawin, 2004). Hydropower plants cause environmental degradation due to the creation of water reservoirs and the altered flow of rivers MacKay D (2009). In addition, hydropower plants lead to increased evapotranspiration, this can negatively affect aquatic animals depending on the lake or river in which the water reservoir has been created. Further, the nesting and the reproduction patterns of aquatic animals is also affected. Construction of water reservoirs may also lead to increased human activity thereby leading to deforestation and the loss of wildlife (Sawin, 2004). Biomass energy has both the negative and positive effects environmentally as a source of renewable energy (Hester, 2003). It contributes to increased soil fertility as well as soil stabilization. It also leads to improved properties of the soil that ensures continuous faming without the loss of important soil nutrients in the soil. Further, biomass energy ensures that the harmful effects of sulphur dioxide are reduced to a minimum. Developing countries looking for economically sustainable source of energy should consider investing in the production of Biomass energy (Wengenmayr and Burke, 2011). Conclusion It is important to note that Renewable energy sources are no likely to cause pollution in the air and on water bodies. Even though there are some sources of renewable energy that can cause environmental degradation if not carefully used, investing on the renewable ensures that there is reduced dependency on fossil fuels; such sources include large hydro and some kinds of biomass. In the recent past, global warming and economic meltdown have forced various governments of the word to reconsider their policies concerning renewable energy. Prices of fossil fuels have increased leading to various economic challenges. Renewable energy is also seen as a perfect example in fighting global warming. These sources of energy do not emit carbon monoxide into the air thus affecting the ozone layer. Further, renewable sources of energy are sustainable; they can be used for several years without being depleted. Renewable sources of energy such as hydro, solar, geothermal, wind, tidal and wave power have got no fuel costs: their production does not depend on the presence of fuel for their production. Their usage can prevent the ever rising prices of energy. Global debate has been centered on the sustainability of renewable energy to the environment. Renewable energy sources have been proved to be environmentally friendly; their sources have reported to be clean therefore being environmentally friendly. However, other sources of renewable energy such as hydropower have proved to be environmentally destructive is not monitored effectively. References Anderson, D. (2008). Modern Law of the Sea: Selected Essays. London, Martinus Nijhoff Publishers. Boyle, G (2004). Renewable energy. Oxford, Oxford University Press. Freris, L. and Infield, D. (2008). Renewable energy in power systems. New York, John Wiley & Sons. Hester. R et al (2003). Sustainability and environmental impact of renewable energy sources. London, royal society of chemistry. Lyyster, R. and Bradbook A. (20060. Energy law and the environment. London, oxford university press. MacKay, D, (2009). Sustainable Energy- without the hot air. New York, UIT. Roggenkamp, M. and Hammer, U. (2004). European Energy Law Report I, London, Intersenta nv. Pp 123-126. Sawin, J, (2004). Mainstreaming Renewable energy in the 21st century. London, worldwatch institute. Sorensen, B, (2010). Renewable energy: physics, engineering, environmental impacts, economics & planning. New York, academic Press. Wengenmayr, R. and Burke, T. (2011). Renewable Energy. London, Johbn wiley & Sons. Johanson, T. (1993). Renewable Energy: sources for Fuels and electricity. London, Island Press. Kaltschmitt, M. Streicher. W and Wiese, A (2010). Renewable Energy, Economics and environment. London, Springer. Maczulak, A. (2011). Renewable Energy. New York, infobase Publications. Saunders, N, and Chapman, S. (2005). Renewable energy. New York, Heinemann/Raintree. Read More