Marine renewable energy and public rights

Marine renewable energy is likely to be an important part of UK energy policy over the next decades. A start has already been made, but to generate power on a significant scale requires the use of vast areas of ocean, on which there are competing claims. Legislation, and in particular the Energy Act 2004, goes a long way towards giving developers the legal infrastructure they need, to invest with confidence. But it is far from perfect, in dealing with important competing rights. This article has a narrow (but important) focus. It assumes that there are no problems over jurisdiction or international law. It is concerned principally with the rights of UK citizens. The issue is about reconciling the generation of large-scale marine renewable energy with other legitimate uses of the sea, and in particular fishing and navigation rights.