Energetic demands
09 Oct 2007
With ports increasingly waking up to the potential of renewables, lawyers have been kept busy this year. Felicity Landon reports
Policy reviews, strategic reports, regulatory changes and new legislation have continued to bombard the ports sector this year and the real challenge can be not just keeping up with it all – but anticipating and planning for what might come next.
As well as unravelling the implications of all of this, lawyers in the ports sector are having busy times engaged in everything from port concessions, developments and the related finance through to environmental issues and complex issues as emerging markets develop their port infrastructure.
At Lawrence Graham, the ports team is led by partners Louise Gowman and Christopher Tite, drawing on a number of other lawyers from within LG’s practice areas to support them, depending on the work being undertaken. “Our experience and current practice covers all legal aspects of port ownership, operation, development and regulation,” says Louise Gowman.
One theme that has been emerging over the past couple of years and is now coming for the fore is the potential role of renewable energy and related projects in UK ports, she says, including energy from waste and biomass projects. “These are new businesses for ports to be involved with, exposing them to issues and risks that many will not be as familiar with as they are with the more usual port activities. Careful thought can be needed to ensure this kind of operation – often project financed – can sit happily on a long-term basis alongside other port activities and users."
Ports are now realising the opportunities presented by having a source of renewable energy on their doorstep, says Louise Gowman. LG has been advising the Port of Bristol in connection with the three large wind turbines now operational at Avonmouth Docks – through the planning and environmental assessment process and putting in place the arrangements with Ecotricity, which will operate the turbines. Ecotricity’s largest project to date, the turbines will supply the port with electricity equivalent to that used by nearly 4,700 homes.
However, she adds: “Developments like this have to compete for land with the port’s other needs, and that need for land for port development and the related environmental issues have become no less critical issues.”
Earlier this year, lawyers were reacting to the publication of the UK’s Marine Bill, which on the one hand promised a more streamlined system for marine development consents, but on the other introduced further marine protected areas and effectively extended the current terrestrial spatial planning system into the marine world.
“What the Bill and its related commentary did not do was shed any light on the key question facing many promoters of new port facilities, namely what constitutes ‘need’ for a development of a level which could outweigh inevitable environmental impact; there seemed almost doubt at times as to whether it was in the UK’s interest to continue to be able to handle the major shipping lines’ calls and their ever-increasing ship sizes,” she says.
Then, in July, came the interim report into the government’s Ports Policy Review: “My personal view is that on the development side the report was quite good news. It acknowledged that meeting demand for both deepsea and feeder traffic was important if the economy was not to suffer and looked to the market to provide the additional capacity required.”
Meanwhile, the European Commission is also giving a lot of thought to how it sees maritime policy as it relates to ports – some of which may not be very palatable to the UK market or the UK government, warns Louise Gowman.
“So for the first time in a while, ports are getting some attention in meaningful policy terms, some of which they may find rather unwelcome – but there will also be gains.
“Over the years we have done an enormous amount of work for clients seeking to develop port facilities, helping them to put together projects in a way that is most likely to get policy support and avoid environmental censure, representing them throughout the process of the formation and adoption of development plans and ultimately having to take our client’s case to public inquiry and/or judicial review proceedings."





