The Isle of Man’s territorial waters are keeping both lawyers and politicians busy at present.
A major offshore wind project is awaiting Council of Ministers’ scrutiny following completion of an independent examination. Now another infrastructure project in Manx waters is being proposed by way of a 23 mile stretch of electric cabling forming part of a sub-sea transmission between Scotland and North Wales.
The cabling proposal comes from National Grid and Scottish Power energy networks and is in its early stages. No formal application has yet been made but The Department of Infrastructure (‘DOI’) has received a request for a scoping opinion under the Marine Infrastructure Management Act 2016 (‘MIMA’) of Tynwald. Section 15 of MIMA provides that before an environmental impact assessment of a proposed application is made the applicant must request a scoping opinion from DOI. That request must enclose a scoping report. The DOI’s scoping opinion will involve consultation with the Department of Environment, Food & Agriculture, the Department for Enterprise, Manx National Heritage and any other person the DOI considers appropriate.
The Mooir Vannin offshore wind project (see When employment rights are blowing in the wind - MP Legal) remains a political hot potato; it is more advanced with the examination process closed on 9 September 2026 and Council of Ministers awaiting the examination body’s report by 1 December 2026. This will recommend whether or not MIMA consent should be granted. Both offshore renewable energy and the laying of submarine cables constitute controlled marine activities under MIMA so require DOI consent.
The Isle of Man’s territorial sea (including hydrocarbon, coal and mineral rights, up to a 12-mile limit) was purchased from UK by the Manx Government in 1991 for £800,000. It looks a shrewd deal. Our Government’s website says this has resulted in the Isle of Man ‘collecting more than £2 million in capital fees and [it] currently receives approximately £350,000 annually for cables and pipelines passing through the area and also from oil and gas exploration licences.’ It goes on to explain that future interest in the Manx seabed for cable and pipe laying should ensure further returns on the original investment.
The Scottish and Welsh electricity underwater cabling is designed to upgrade the grid by transporting electricity from Ayrshire in Scotland to the Gwynedd coastline. In total, the marine cabling would stretch some 275 miles through Scottish, Welsh, Northern Irish and Manx waters. The intervention in Manx waters would be to the western boundary of the Isle of Man territorial sea. Mooir Vannin is proposed for off the island’s east coast.
In both cases, the timeframes for commissioning (if approved) are dots on the temporal horizon. The electricity cabling has an aim to be commissioned by 2034 whereas Mooir Vannin’s anticipated operational start date is described on Orsted’s website as mid 2030’s. Thus, another two quinquennial Tynwald terms may yet be completed before such electricity flows under sea to the west of the island and from wind turbines to the east.
Advocate John Aycock has 35 years’ legal experience across three jurisdictions. M&P Legal has partner status with UNESCO Biosphere Isle of Man, is a corporate member of Manx Wildlife Trust and conducts environmental law work in the Isle of Man. This article is not legal advice, please always take specific advice on the facts of each case.
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