ORESS 2.1 – Tonn Nua FAQ
Listed below are some of the most frequently asked questions in relation to Maritime Authorisations for Tonn Nua. These have been split over three headings, General Questions, Financial Questions and Technical Questions. Click on the arrow beside the questions to expand and view additional details. MARA will continue to update this FAQ as queries arise, any further queries may be directed to mac@mara.gov.ie
General Questions
1. Do MARA envisage all ORESS applicants engaging in pre-application meetings with MARA during the preparation of their MAC applications?
MARA recommends that all ORESS bidders engage MARA for a MAC pre-application meeting. This meeting serves to provide clarifications on the MAC application process and requirements. Please note pre-assessment of application details will not be given within these meetings. Pre-application meetings are held on a non-statutory basis and without prejudice to any future MAC applications.
ORE pre-applications are prioritised by MARA Please complete Pre-Application Consultation Request Form and submit to mac@mara.gov.ie
2. Will details of pre-application meetings be published on the MARA website? This has been raised as a planning ground of challenge in relation to strategic infrastructure applications and assertion that the same is not in compliance with the Aarhus Convention.
No, MARA do not publish details of pre-applications held. Pre-application meetings are held on a non-mandatory basis and without prejudice. Brief notes of the meeting are recorded.
3. Will Eirgrid be responsible for making a MAC application for the transmission infrastructure?
Yes. All transmission and supporting infrastructure, including the cable route, substations and nearshore infrastructure which falls within the maritime area will require a MAC(s). The winner or ORESS 2.1 for Tonn Nua shall apply for the full Area A which is designated for the windfarm array.
4. How will the separate MACs between the ORESS 2.1 developer and Eirgrid interact in relation to overlaps (i.e. Eirgrid substation located within the ORESS 2.1 site)?
MACs are typically granted on a non-exclusive basis. It is envisaged that the Eirgrid and Developer MAC (Tonn Nua Area A) will overlap. This is subject to Terms and Conditions of ORESS 2.1 and connection agreements between Eirgrid and the Developer. Following the grant of these MACs, the holder may apply to MARA to amend the MAC or assign a part of the MAC.
5. Is the total duration of the MAC open for extension over and above the Phase 1 MAC durations to allow for equivalent operation phase?
There is nothing in the Maritime Area Planning Act 2021, as amended, precluding the Holder from applying for a new MAC or amendment to the MAC prior to the expiry of an existing MAC.
6. Will the MAC include condition(s) in relation to the Community Benefit Fund?
No. Requirements in relation to the Community Benefit Fund are included under the Terms and Conditions of the ORESS 2.1 Auction.
7. The requirement for onshore planning permission may not be known at the MAC application stage. How can this be addressed in Part 7 of the General Application for a MAC?
The applicant may cross reference any preparatory work undertaken by DECC to establish the SC-DMAP. The applicant should also detail any preparatory work they plan to undertake pre-planning.
8. Will subsequent MAC applications from the ORESS 2.1 winner (e.g. for O&M base) be prioritised by MARA?
Yes. Applications for MACs and MULs are prioritised in accordance with MARA’s prioritisation system. Application for the ORE within a DMAP and related activity are highly prioritised by MARA.
9. What is the MAC Application process and Prioritisation system that applies from Final Auction through to Determination?
MARA has developed a dynamic and structured system for the prioritisation of all MAC and licence applications to provide for effective decision making and to ensure that applications of national strategic importance are prioritised and delivered in a timely manner. When a complete application is received, and the fee has been paid, the application is ranked according to four specific prioritisation criteria; namely National and European priorities, Policy and Regulatory, Assessment Status and Application Age.
Applications for MACs and MULs are prioritised in accordance with MARA’s prioritisation system. Application for the ORE within a DMAP and related activity are highly prioritised by MARA.
Further details in relation to MARA’s application prioritisation system available here.
10. What does supporting entity guarantee cover?
The Supporting Entity Guarantee is to ensure payment of levy up to commercial operation / build completion
11. What Levy Fee Framework will apply to Phase 2.1?
The MAC levy shall be in accordance with Levy Framework as published on our website: Here
12. What mechanism will be used to charge Eirgrid in terms of MAC fees?
The MAC levy shall be in accordance with Levy Framework as published on our website: Here
13. What are the anticipated processing times for MAC applications?
Applications for MACs and MULs are prioritised in accordance with MARA’s prioritisation system. Application for the ORE within a DMAP and related activity are highly prioritised by MARA.
Timeframes for determination will be dependent of the quality of applications, and response by applicants to any notices issued.
14. Will applicants be required to apply for a MAC for the full Maritime Area site, even if the full site is not required for the project development area? Is there an option to reduce site area and corresponding fee after MAC award if technical surveys lead to optimized site area?
The application is expected to cover the entire area of the Area A. The MAC holder may apply for an amendment to the reduce MAC area.
Note the Area A is to include all the windfarm, and any areas required for construction, maintenance, operation, decommissioning and rehabilitation.
15. Can a developer make an application for MUL for site investigations associated with Area A before a MAC determination is made?
There is nothing in the Maritime Area Planning Act 2021, as amended, precluding developers from applying for MUL at the same time as the MAC application. MARA will have regard to government policy when considering such an application (Refer to Circular MP01/2024).
Applications for MULs will be prioritised in accordance with MARA’s prioritisation system. Application for the MAC and MUL made by the provisional winner of the ORESS 2.1 auction will be highly prioritised.
16. Will MARA be facilitating pre-application meetings on MUL prior to the ORESS 2.1 auction?
Yes. Pre-application meetings can be arranged by completing Pre- Application Request Form and submit to licence@mara.gov.ie.
ORE pre-applications are prioritised by MARA.
17. What are the anticipated processing times for MUL applications?
Applications for MACs and MULs are prioritised in accordance with MARA’s prioritisation system. Application for the ORE within a DMAP and related activity are highly prioritised by MARA.
Timeframes for MUL determination will be dependent on the quality of applications, response by applicants to any notices issued and any the nature and number of submissions received in response to public consultation.
18. What is the process for submitting an application to MARA?
Upon request, MARA will set up a file-sharing cloud platform to enable the submission of MAC applications. MARA can also accept submissions via email up to 20MB.
Note in order for an application to be considered complete, the application fee must be paid in full. Details of how to pay the application fee are available here.
19. Will a MAC compliance check be done at the ORESS 2.1 qualification stage?
No. Please refer to 7.3.9 and Section 10 of the Terms and Conditions for ORESS 2.1 Auction. Once a preliminary auction winner is announced, they shall apply to MARA for a MAC. MARA will independently assess and determine the MAC application.
20. Is the MAC applicant required to prepare their own application map and GIS files for Tonn Nua – Maritime Area A?
No. The applicant is not required to prepare a MAC map or GIS files for the Tonn Nua Area A. MARA shall prepare the MAC map based on the SC-DMAP area published by DECC. The application is expected to cover the entire area of the Area A.
21. General MAC Application Form – Section 2.2 Nature and Scope of the Project:
What level of detail and what project parameters are required to be included under this section?
The Scope and Nature of the Maritime Usage to be undertaken must be fully described and should detail any works or activities in the Maritime Area required or necessary, as relevant, to undertake, construct, complete, commission, operate, maintain, decommission and rehabilitate the proposed usage.
22. General MAC Application Form – Section A – Part 5:
Are Tax Clearance Certificate and relevant TCC Number required for the applicant only?
As set out in the General Guidance for completing an application for a MAC, Part 5 “Tax Compliance – The applicant and any parent company (or other supporting entity) must be tax compliant, both at the time the application is made and at the time that the MAC application concerned is determined by MARA.” Tax Clearance Certificate and TCC are required to be submitted for the applicant, any parent company or supporting entity.
23. General MAC Application Form – Section A – Part 7: Preparatory Work
What level of detail is required to be included under this section, given the application area has been designated through a DMAP?
The applicant may cross reference any preparatory work undertaken by DECC to establish the SC-DMAP. The applicant should also detail any preparatory work they plan to undertake pre-planning.
24. General MAC Application Form – Section A – Part 8: Stakeholder Engagement
What level of detail is required to be included under this section, given the application area has been designated through a DMAP?
The applicant may cross reference any stakeholder engagement undertaken by DECC to establish the SC-DMAP. The applicant should also detail any stakeholder engagement they plan to undertake pre-planning.
25. Are the general MAC application guidance and applications forms proposed to be revised ?
MARA published revised Financial Capability Assessment Guidance and applications forms for MAC on 28 February 2025, available to download here.
MARA are current undertaking a review of the general MAC application forms and guidance. The revisions propose to provide additional clarity and transparency in relation the MAC process and application requirements. It is not intended to materially change the benchmark requirements for MAC application assessment. It is not intended to publish revisions to the general MAc guidelines or application forms prior to the ORESS 2.1 Auction. Please use the current guidance an application forms on our website.
26. In addition to the application forms, can an applicant submit supplementary information to support the application?
If an applicant wishes to submit additional supporting information along with their application form, they may do so by clearly appending the additional document and cross referencing these within the general application form. All supporting information submitted should be relevant to the MAC application and the criteria to which MARA may have regard to, as set out within Schedule 5 of the Maritime Area Planning Act 2021, as amended.
27. General MAC Application Form – Section B FPP1:
Are letters of reference a requirement of the MAC?
Letters of reference may be included within the application, where deemed appropriate, to evidence that the applicant is fit and proper.
28. What are the anticipated timeframes for application and determination of a MAC by Eirgrid for the transmission infrastructure?
EirGrid have made a Maritime Usage Licence application for marine survey works proposed to commence in 2025 to enable site and cable route selection. EirGrid have indicated that they intend to make a MAC application to MARA following site and cable route selection. EirGrid currently project that they shall make a MAC application to MARA in early 2027 following pre-application engagement over 2025 and 2026 in line with project evolution. Please refer to Offshore Energy Future Projects – EirGrid in relation to EirGrid’s plans for Government’s South Coast DMAP. Application for the ORE within a DMAP and related activity are highly prioritised by MARA. Further details in relation to MARA’s application prioritisation system available here
29. In the case that a Judicial Review is brought against a positive MAC decision, what are the communication obligations on MARA to keep DECC informed in that instance ?
MARA will follow the formal legal process. MARA will inform DECC and the applicant of any judicial review taken and provide updates with regard to timeframes. Once any Judicial Review is concluded, MARA will engage with DECC and the applicant on the outcome.
Financial Questions
30. How will MARA assess the ongoing financial criteria if at any stage prior to FC one of the criteria is temporarily not met by one of the applicant parties or its supporting entity?
Please note MARA adopts a comply or explain approach under the Financial Capability Assessment.Further details are provided under Section 6 of MARA’s Financial Capability Assessment Guidance. Refer to Section 9 – Ongoing Compliance of Financial Capability Assessment. As set out in the guidance, MARA adopts a comply or explain approach.
31. In relation to supporting entity guarantees, can a bidder use a Guarantor within their group to meet the financial criteria ?
In order to prove financial capability, a Relevant Person may rely on the resources of another entity(s) or undertaking(s), which may be a parent or a non-parent company (“Supporting Entity”). Where this is the case, the financial capability assessment will be carried out on the Supporting Entity(s) and not the Relevant Person.
Where a Supporting Entity(s) is relied on to meet financial test thresholds, a Supporting Entity Guarantee (“SEG”) must be signed. The SEG does not form part of the financial capability assessment and the purpose of SEG is to ensure payment of levy up to commercial operation / build completion.
32. Can a Relevant Person provide a third-party letter of credit (from a lender) for the purpose of Financial Capability testing?
MARA considers all types of credible funding arrangements. Please refer to Section 7 of the Financial Capability Assessment Guidance. A Relevant Person may obtain or provide a letter of credit from a financial institution (e.g., a bank) guaranteeing the payment of costs on time where the Relevant Person is unable to cover its Project Costs. All related letter of credit documentation should be made available for review
33. What is the definition of Project Costs?
The definition of Project Costs is any cost/financial commitment including capital, financing and other but excluding contingent liabilities in respect of a MAC project. Project costs includes all costs up to and post Build Completion or COD, including but not limited to design, planning, construction, operation, maintenance, decommissioning and rehabilitation. Refer to the Financial Capability Assessment Guidance for further details.
34. What is the definition Outstanding Project Costs?
The definition of Outstanding Projects is depending on the stage of the project, Outstanding Project Cost is calculated as follows: – Up to FC: Any cost/financial commitment including capital, financing and other but excluding contingent liabilities, associated with a proposed project or a granted MAC, which has not yet been incurred/expensed up to the estimated date of FC. – Post FC: Any cost/financial commitment including capital, financing and other but excluding contingent liabilities, associated with a proposed project or a granted MAC, which has not yet been incurred/expensed up to the estimated date of COD. Refer to the Financial Capability Assessment Guidance for further details.
35. Where a MAC application is refused or a granted MAC is quashed under judicial review, how will the MARA inform the DECC that the bond can be returned to the developer?
Please refer to Terms and Conditions for ORESS 2.1 Auction
36. Will the Tonn Nua MAC include a condition requiring a rehabilitation bond to be posted?
Under Phase 1 MACs, Holders are required to post bonds not later than 60 days prior to the commencement of any works on foot of a Development Permission. A similar requirement is likely to be included within MAC granted for ORE windfarms.
37. Will the MAC Holder be required to reserve cash on an annual basis from 5 years prior to the end date of the maritime area to fund rehabilitation costs?
Rehabilitation Bond are likely to apply to ORE windfarms, as per Phase 1 MACs
38. Can Rehabilitation costs be estimated?
Responsibility for agreeing a rehabilitation plan in relation to MACs (Section 75(1)) rest with the planning authority. However, project costs should include estimated project costs for rehabilitation in order to ensure the applicant is financially capable of delivering and rehabilitating the project.
39. What rehabilitation costs should be included in the application form for the Wind Turbine Generator area and Eirgrid transmission asset area ?
The applicant for the windfarm should include rehabilitation cost for their infrastructure and Eirgrid should provide rehabilitation costs for transmission infrastructure
40. Is there a process in place that allows for a company name change or entity change during the MAC application process?
No, there is no such process in place at present.
41. Is there a process that allows for an entity change during the MAC application process?
It is preferable that changes to applicant entities are not made during the application process, particularly with regard to the relevant person(s) for the purpose of financial or technical capability assessment. Such changes will/may require full financial and/or technical capability reassessment and result in delayed timeframes for the MAC determination.
42. Is there a process for a successful bidder to assign a MAC?
Yes. Section 85 of the MAP Act specifies an assignment process
Technical Questions
43. Does the “Comply or explain” policy also relate to the technical capability application form?
Yes. Where a Relevant Person is unable to meet any of the technical capability requirements, this will not automatically result in the Relevant Person failing the technical capability assessment. However, the onus is on the Relevant Person to provide a sufficient explanation for each requirement not met, along with supporting evidence of extenuating circumstances or mitigating actions.
44. Section 4.3 of the Technical Capability Application Form requires applicant to outline delivery timelines that demonstrate how first generation will be achieved in advance of the 2030 target will be achieved. Can timelines be set out to the 2037 longstop ?
Yes, delivery timelines must demonstrate how first generation will be achieved in advance of the 2037 long stop.